On January 05, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Dan Albasry
As Trustee Of The Estate Of Newal Al Saad,
Firas Mohammad,
and
Barretts Minerals Inc.,
Beacon Cmp Corp.,
Brenntag Specialties Llc,
Charles B. Chrystal Company Inc.;,
Colgate Palmolive Co.;,
Conopco Inc.,
Glaxosmithkline Consumer Healthcare Holdings,
Glaxosmithkline Llc,
Gsk Consumer Health Inc.,
Lornamead Inc.,
Pfizer Inc.,
Port Jervis Laboratories Inc.,
The Procter & Gamble Co.,
Whittaker, Clark & Daniels Inc.,
Yardley Of London Inc.,
Yardley Of London Ltd.,,
for Torts - Asbestos
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023
EXHIBIT 36
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023
Meeting with Dr. Langer on July 9
Concerning Analytical Ánalysis of Talc
JNJAZ55_000005743
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023
. On Friday, July 9, I visited Dr.. Arthur Langer, Mt. Sinai
. School of Environmental Science. The expres.sed purpose
of this visit was to observe the preparation of tissue
. . sections (from Tenovus Institute) for electron microscope
. . "asbestos"
examination. However, the subject of in
JOHNSON'S* Powder from.Dr. Langer's point of view
Baby
was.also explored. .
. Analysis of the Tenovus Tissue Samples
. . . . 34907 11 . . .
Only the tissue labeled submitted by
Uterus 1 Surface .
. us was.of sufficient size to be prepared for electron
. microscopy. The tissue was sectioned and prepared by
the method of Dr. F.. Pooley. This method involved removal
of the wax embÿdding medium, ashing away the majority of
. the orcJanic matter in a 450°C muffle furnace, casting a
polyvinyl alcohol (PVA) film on the ashed section,
carbo.n coating the section held in.the hardened PVA
. and the section to an electron micro- ·· --
filÌn, transferring
scope grid by floatation on hot.water. This technique ..
. if properly executed leaves sufficient relic of the tissue
.0 so that the trained eye can tell where in the tissue
an observed particle .s located. As no replication step
is involved, ambiguities in the final preparation related
to this step are removed.
JNJAZ55_000005744
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023
"
'Ti=ciÔ.9 the grids prepared on Friday at about 11,000X.
in the electron microscope, we were unable to find any
particles which could obviously be identified as tale,
were-
. . however , fibrous u LJ.uc Lus.es observed under. higher
magnification (30,000X and up) these fibers were identified
by Dr. Langer as chrysotile. His method of identification
is based on. his experiences in the fibers of
observing
pure"
chrysotile under similar experimental conditions.
The characteristic density profile across the diameter
. of the fibers is observed at high and
magnification,
indicates the presence of tubular chrysotile. Evidence
such as this was observed in at least one other field
in the one sample which .was examined.
Light and Electron of JOHNSON'S* Powder
Microscopy Baby
Dr. Langer demonstrated his technique for observing "fibrous
minerals" JOHNSON'S*
in Baby Powder. He shook a small
amount of the talc from the container onto a glass slide,
. ... applied a drop of immersion liquid (index of refraction
in the neighborhood of 1.52) and a cover slip. After m -
examining the sample in the light microscope for a short
. time he stated that he could pick up some non plate particles
. . that could be amphiboles other asbestos forms, or fibrous
JNJAZ55_000005745
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023
talc (or, in my opinion, talc plate fragments). He said
he estimates the amount in this sample to be on the order
. of one or two percent. He indicated that he has observed
"fibrous"
the amount of content to vary from sample to
. sample. He had examined a JOHNSON'S* Powder sample
. Baby
and that of a competiitor (which resulted in Kretchmers
press release) by the method stated above. InÎJohnson's
. TUôduct hedesti-inatedd5%rin the other 25% of the particles
to be fibroic of which some could.be "asbestos". I stress
that he makes no attempt to actually count the particles .
. or to identify the fibers at this level of magnification.
Using electron microscopy Dr. Langer has demonstrated to
me the presence of some very fine fibers at moderately
high matJnification which he identifies as chrysotilR
asbestos by the typical tubular appearance of the fiber.
The JOHNSON'S* Powder sample was prepared for
Baby
electron.microscopy by sonifying a small portion of the
. powder in an excess of water (maybe 25 to 1) for ten
minutes.. The sonification served to break aglomerated
up
particles and to disperse the talc. A of the sus-
drop
pension was placed on. an electron microscope.grid and
allowed to dry.
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023
Šn addition to the observation of the tubular structures
as an indication of chrysotile Dr. Langer also pointed
out the typical thermal behavior of the fiber which is
. initiated by the heat generated at the sample. by the electron
. beam. The mineral dehydroxylates and the surface of the
fibers become amorphous. This process 1s observed as a
slowly altering pattern of density in the microscope
. .imaged-Ev_entually--the-crystal is so deformed by the heat
. that the fiber may appear. to be segmented (s3s=©i991%=²97.
Although we did not perform selected area electron dif-
fraction on Friday, Dr. Langer has observed these patterns
. from chrysotile fibers found in JOHNSON'S Baby Powder.
Selected area diffraction patterns, though not necessarily
specific for a mineral, do allow one to distinguish mineral
fibers from non-crystalline artifact. It must again be
stressed that Dr. Langer has, to my knowledge, made no
particle counts with this technique either.
Summary
· 1. In the. uterus sample from chrysotile rather
Tenovus,
. than talc was found.
. 2.. Chrysotile is identified in the electron microscope
. by its characteriseic tubular appearance (at high
magnification).
JNJAZ55_000005747
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023
3....Light microscopy.of JOHNSON'S*.Baby Powder indicates .
the presence of fibrous minerals of which, according
. . to Dr. Langer, some.could be "asbestos'!. Neither
true quantitative or qualitative analysis vas performed.
4. Electron microscopy at high magnification shows a few
fibers to be present in JOHNSON'S* Powder which
Baby
can be identified with chrysotile asbestos according
to Dr. Langer. No quantitation was performed.
4
JNJAZ55_000005748
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023
JNJAZ55_000005743
Metadata
AttachCount 0 ORIGINAL
BegAttach JNJAZ55_000005724 ORIGINAL
Confidentiality Y ORIGINAL
Custodian Legacy 1 ORIGINAL
EndAttach JNJAZ55_000005809 ORIGINAL
FileName K000123848.TIF - K000123853.TIF ORIGINAL
FileSize 0.00 ORIGINAL
Document Filed Date
July 10, 2023
Case Filing Date
January 05, 2023
Category
Torts - Asbestos
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Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 36 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023 Meeting with Dr. Langer on July 9 Concerning Analytical Ánalysis of Talc JNJAZ55_000005743 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023 . On Friday, July 9, I visited Dr.. Arthur Langer, Mt. Sinai . School of Environmental Science. The expres.sed purpose of this visit was to observe the preparation of tissue . . sections (from Tenovus Institute) for electron microscope . . "asbestos" examination. However, the subject of in JOHNSON'S* Powder from.Dr. Langer's point of view Baby was.also explored. . . Analysis of the Tenovus Tissue Samples . . . . 34907 11 . . . Only the tissue labeled submitted by Uterus 1 Surface . . us was.of sufficient size to be prepared for electron . microscopy. The tissue was sectioned and prepared by the method of Dr. F.. Pooley. This method involved removal of the wax embÿdding medium, ashing away the majority of . the orcJanic matter in a 450°C muffle furnace, casting a polyvinyl alcohol (PVA) film on the ashed section, carbo.n coating the section held in.the hardened PVA . and the section to an electron micro- ·· -- filÌn, transferring scope grid by floatation on hot.water. This technique .. . if properly executed leaves sufficient relic of the tissue .0 so that the trained eye can tell where in the tissue an observed particle .s located. As no replication step is involved, ambiguities in the final preparation related to this step are removed. JNJAZ55_000005744 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023 " 'Ti=ciÔ.9 the grids prepared on Friday at about 11,000X. in the electron microscope, we were unable to find any particles which could obviously be identified as tale, were- . . however , fibrous u LJ.uc Lus.es observed under. higher magnification (30,000X and up) these fibers were identified by Dr. Langer as chrysotile. His method of identification is based on. his experiences in the fibers of observing pure" chrysotile under similar experimental conditions. The characteristic density profile across the diameter . of the fibers is observed at high and magnification, indicates the presence of tubular chrysotile. Evidence such as this was observed in at least one other field in the one sample which .was examined. Light and Electron of JOHNSON'S* Powder Microscopy Baby Dr. Langer demonstrated his technique for observing "fibrous minerals" JOHNSON'S* in Baby Powder. He shook a small amount of the talc from the container onto a glass slide, . ... applied a drop of immersion liquid (index of refraction in the neighborhood of 1.52) and a cover slip. After m - examining the sample in the light microscope for a short . time he stated that he could pick up some non plate particles . . that could be amphiboles other asbestos forms, or fibrous JNJAZ55_000005745 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023 talc (or, in my opinion, talc plate fragments). He said he estimates the amount in this sample to be on the order . of one or two percent. He indicated that he has observed "fibrous" the amount of content to vary from sample to . sample. He had examined a JOHNSON'S* Powder sample . Baby and that of a competiitor (which resulted in Kretchmers press release) by the method stated above. InÎJohnson's . TUôduct hedesti-inatedd5%rin the other 25% of the particles to be fibroic of which some could.be "asbestos". I stress that he makes no attempt to actually count the particles . . or to identify the fibers at this level of magnification. Using electron microscopy Dr. Langer has demonstrated to me the presence of some very fine fibers at moderately high matJnification which he identifies as chrysotilR asbestos by the typical tubular appearance of the fiber. The JOHNSON'S* Powder sample was prepared for Baby electron.microscopy by sonifying a small portion of the . powder in an excess of water (maybe 25 to 1) for ten minutes.. The sonification served to break aglomerated up particles and to disperse the talc. A of the sus- drop pension was placed on. an electron microscope.grid and allowed to dry. FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023 Šn addition to the observation of the tubular structures as an indication of chrysotile Dr. Langer also pointed out the typical thermal behavior of the fiber which is . initiated by the heat generated at the sample. by the electron . beam. The mineral dehydroxylates and the surface of the fibers become amorphous. This process 1s observed as a slowly altering pattern of density in the microscope . .imaged-Ev_entually--the-crystal is so deformed by the heat . that the fiber may appear. to be segmented (s3s=©i991%=²97. Although we did not perform selected area electron dif- fraction on Friday, Dr. Langer has observed these patterns . from chrysotile fibers found in JOHNSON'S Baby Powder. Selected area diffraction patterns, though not necessarily specific for a mineral, do allow one to distinguish mineral fibers from non-crystalline artifact. It must again be stressed that Dr. Langer has, to my knowledge, made no particle counts with this technique either. Summary · 1. In the. uterus sample from chrysotile rather Tenovus, . than talc was found. . 2.. Chrysotile is identified in the electron microscope . by its characteriseic tubular appearance (at high magnification). JNJAZ55_000005747 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023 3....Light microscopy.of JOHNSON'S*.Baby Powder indicates . the presence of fibrous minerals of which, according . . to Dr. Langer, some.could be "asbestos'!. Neither true quantitative or qualitative analysis vas performed. 4. Electron microscopy at high magnification shows a few fibers to be present in JOHNSON'S* Powder which Baby can be identified with chrysotile asbestos according to Dr. Langer. No quantitation was performed. 4 JNJAZ55_000005748 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 07/10/2023 JNJAZ55_000005743 Metadata AttachCount 0 ORIGINAL BegAttach JNJAZ55_000005724 ORIGINAL Confidentiality Y ORIGINAL Custodian Legacy 1 ORIGINAL EndAttach JNJAZ55_000005809 ORIGINAL FileName K000123848.TIF - K000123853.TIF ORIGINAL FileSize 0.00 ORIGINAL