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. 122 RECEIVED NYSCEF: 07/10/2023
EXHIBIT 37
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 07/10/2023
Protected Document--Subject to Protective Order JNJAZ55_000005253
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM •. ~..,._fo.' _ _ .",,<'1
INDEX NO. 190002/2023
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•
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.....NYSCEF DOC. NO. 122 ' - - - - - - - - - - - - . -.......... ~..... ""'-:. .......- - , - - - - - - . -
. ..........._ .____....._ _ ...... _ .••. ..-.. _ _ -!'_. __
RECEIVED NYSCEF: 07/10/2023
• MOUNT SINAI SCHOOL OF MEDICINE
of TIlt City U"ivc/'sity of New York
FIPTH AVENUP. AND tOOTH STRl!flT'NI!W YORK, N.Y. 10029
, DIp;2r"~lnl (If Cornmllnlly ~ftdicint November 10, 1971
•
.' 0·· "
• ; 0,
Dr. Gavin Hildick~Smith,
Director tif tl inical Research
Johnson and Johnson
Research Division
New, Brunswick, New Jers~y
.'
I have in front of me a letter dated August 9, 1971 adcressed
to Dr.Selikbff indicating your wish to receive 'some informa-
e, tion on the Tenovus sampl~ that you so kindly lent to us.
Co have been putting off answering this letter not because I am
a feisty devil so much as the f~ct that I lost the letter on
my desk! I called your office last vJeek. You \'Jere out and
I feel that I would do as well to report to you in writing.
In respect to the Tenovus ~amples that were sent td us, we
made the follo\'v'ing observations. He did find some grains that
resembled talc with the usual e'lectron diffraction pattern
consistent for a sheet sit icate structure. Again, we have no
definitive means of identifying the particle on the basis of
I'·
I its electron diffraction pattern in that many sheet silicates
yield a similar array of spots. We assume that the particle~
were talc or, rather, were co~sistent with talc. We also got
a fe\.." su'rp r is es in tha t \'/e obse rved some ch ryso til e as bes tos
to be present in the tissue as well. We have been kicking
,',
this observation around the Laboratory for a' VJhi leand we
might consider a publication somewhere -- just a short note
'Indicating that we have observed these materials preserit in
the tissues.
We have also analyzed one of your talc samples in some ~etail.
-~'" 1
In addition to the nomlal platy talc present, we have observe~
\" .... many "fibrous tales" as \-Jel L This fibrous talc material
clo~cly resemblis ~ormal platy talc but appears with a greater
length aspect.' Its:,terminations are prism terminations and
"
Protected Document..Subject to Protective Order
JNJAZ55_000005254
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
...
NYSCEF DOC. NO. 122
, .. ~.:.-",.:.a.:.:;.:.~_ .... ,.... RECEIVED NYSCEF: 07/10/2023
,
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. Dr. GavIn Hlldick-Smith November 10,. 197J
,.\. .
'. 'C"'j" i·
,. : . Puge Two
• and the general characteristics under the electron microscope
do Indeedresemblen6rmal talc. Electron diffraction on
-th-sS-e--g-Hl-i..f.i-S-aga-L.I+-lj-U>"kj·s.these g ra i ns ilga in yi e 1ds a ta 1c .
pattern which is a very well-defined hexagonal array of spots.
We ~lso observed trace amount~ of chrysotile asbestos o~ly
when the ta1c \·/as sonified an'd markedly dispersed. The amounts
of chrysotile are relatively small, occurringin.amounts, we
estimate, at less than .01%. The J & J baby talc is of quite
high qual ity and as a matter of fact, in relation to the
'number of samples \'Je have examined thus far, it is the "purest".
We just thought that \'/e would pass this information along, to
. you as our colleagues in scientific research and you may use
".
"W
'(f~"
'.'
It as you VI.ish. Again, many thanks for giving us the samples
and a110\'/ing us to look them over. Incidentally, I am very
interested in obtaining some of your material called sodium
sesquicitrate which has been bandied about as possessing a.
structure that is not unlike chrysbtile. Do you think you
coGld have one of your research boys send me some of this?
"0'"
..
Again, many thanks, .and if.you need any further information,
please don't hesitute to call on me.
. ' . Sincerely,
. . :" .......
• '\.~~~v
Arthur ~1. Langer ' \
Associate Professor
M.ineralogy __
AML:lkh
.'. .
....... ...- .'
. ".
l..> . "; ' ~'
:'0 .
.,..
JNJAZ55_000005255
Protected Docu";'ent.-Subject to Protective Order
Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 37 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 07/10/2023 Protected Document--Subject to Protective Order JNJAZ55_000005253 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM •. ~..,._fo.' _ _ .",,<'1 INDEX NO. 190002/2023 ,•• _ . • . • • ' ....................... , .... ' .........,......"-._ ..... *- • -----_._-_.- .....NYSCEF DOC. NO. 122 ' - - - - - - - - - - - - . -.......... ~..... ""'-:. .......- - , - - - - - - . - . ..........._ .____....._ _ ...... _ .••. ..-.. _ _ -!'_. __ RECEIVED NYSCEF: 07/10/2023 • MOUNT SINAI SCHOOL OF MEDICINE of TIlt City U"ivc/'sity of New York FIPTH AVENUP. AND tOOTH STRl!flT'NI!W YORK, N.Y. 10029 , DIp;2r"~lnl (If Cornmllnlly ~ftdicint November 10, 1971 • .' 0·· " • ; 0, Dr. Gavin Hildick~Smith, Director tif tl inical Research Johnson and Johnson Research Division New, Brunswick, New Jers~y .' I have in front of me a letter dated August 9, 1971 adcressed to Dr.Selikbff indicating your wish to receive 'some informa- e, tion on the Tenovus sampl~ that you so kindly lent to us. Co have been putting off answering this letter not because I am a feisty devil so much as the f~ct that I lost the letter on my desk! I called your office last vJeek. You \'Jere out and I feel that I would do as well to report to you in writing. In respect to the Tenovus ~amples that were sent td us, we made the follo\'v'ing observations. He did find some grains that resembled talc with the usual e'lectron diffraction pattern consistent for a sheet sit icate structure. Again, we have no definitive means of identifying the particle on the basis of I'· I its electron diffraction pattern in that many sheet silicates yield a similar array of spots. We assume that the particle~ were talc or, rather, were co~sistent with talc. We also got a fe\.." su'rp r is es in tha t \'/e obse rved some ch ryso til e as bes tos to be present in the tissue as well. We have been kicking ,', this observation around the Laboratory for a' VJhi leand we might consider a publication somewhere -- just a short note 'Indicating that we have observed these materials preserit in the tissues. We have also analyzed one of your talc samples in some ~etail. -~'" 1 In addition to the nomlal platy talc present, we have observe~ \" .... many "fibrous tales" as \-Jel L This fibrous talc material clo~cly resemblis ~ormal platy talc but appears with a greater length aspect.' Its:,terminations are prism terminations and " Protected Document..Subject to Protective Order JNJAZ55_000005254 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 ... NYSCEF DOC. NO. 122 , .. ~.:.-",.:.a.:.:;.:.~_ .... ,.... RECEIVED NYSCEF: 07/10/2023 , -_-......-.----_._--- - __ ......'. _-------- ,' 'j ." • I,' '.: ....., ' .. ...... .. .. '.' I . . .'.. .,' .. - -'- ......- " -...-----------.......~:..-'--.-------.-- l .t . Dr. GavIn Hlldick-Smith November 10,. 197J ,.\. . '. 'C"'j" i· ,. : . Puge Two • and the general characteristics under the electron microscope do Indeedresemblen6rmal talc. Electron diffraction on -th-sS-e--g-Hl-i..f.i-S-aga-L.I+-lj-U>"kj·s.these g ra i ns ilga in yi e 1ds a ta 1c . pattern which is a very well-defined hexagonal array of spots. We ~lso observed trace amount~ of chrysotile asbestos o~ly when the ta1c \·/as sonified an'd markedly dispersed. The amounts of chrysotile are relatively small, occurringin.amounts, we estimate, at less than .01%. The J & J baby talc is of quite high qual ity and as a matter of fact, in relation to the 'number of samples \'Je have examined thus far, it is the "purest". We just thought that \'/e would pass this information along, to . you as our colleagues in scientific research and you may use ". "W '(f~" '.' It as you VI.ish. Again, many thanks for giving us the samples and a110\'/ing us to look them over. Incidentally, I am very interested in obtaining some of your material called sodium sesquicitrate which has been bandied about as possessing a. structure that is not unlike chrysbtile. Do you think you coGld have one of your research boys send me some of this? "0'" .. Again, many thanks, .and if.you need any further information, please don't hesitute to call on me. . ' . Sincerely, . . :" ....... • '\.~~~v Arthur ~1. Langer ' \ Associate Professor M.ineralogy __ AML:lkh .'. . ....... ...- .' . ". l..> . "; ' ~' :'0 . .,.. JNJAZ55_000005255 Protected Docu";'ent.-Subject to Protective Order