Preview
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
ALL COUNTIES WITHIN NEW YORK CITY
Re: NYCAL
IN RE: NEW YORK CITY ASBESTOS LITIGATION Index No.: 190302/2023
This Document Applies to:
PLAINTIFF’S ANSWERS
TO DEFENDANTS'
CARMEL H. MCLOUGHLIN, v. STANDARD SET OF
PFIZER INC, et al. INTERROGATORIES
AND REQUEST FOR
PRODUCTION OF
DOCUMENTS
PRELIMINARY STATEMENT AND OBJECTIONS
Plaintiffs, by and through their attorneys objects to Defendants' Standard Set Of
Interrogatories And Request For Production Of Documents, as well as the Explanation and
Definitions and Instructions contained therein (Interrogatories), to the extent that they seek to
impose upon plaintiff obligations or burdens which are greater than, or inconsistent with New York
law.
Plaintiffs further objects to these Interrogatories and to each individual request and/or
interrogatory, to the extent that they seek information or request the production of documents that
are protected from disclosure by the attorney-client privilege, the work product doctrine, and any
other applicable privilege or doctrine protecting such documents from disclosure. The production
of any document prepared by the plaintiffs’ attorneys is not a waiver of any privilege. The
inclusion of or reference to any attorneys name on any responses is not a waiver of any privilege.
Moreover, the documents produced are confidential and may not be disclosed other than to
counsel, a party, the court or an expert in this action without order of the Court. Plaintiff, by
providing documents in response to these Interrogatories specifically does not admit the
competency, relevancy, materiality, privilege and/or admissibility of such document or of the
information or subject matter. Should any such disclosure by Plaintiff occur, it is inadvertent and
shall not constitute a waiver of any privilege.
Plaintiffs have not completed investigating the facts relating to their case, have not
completed their discovery, and have not completed preparing their case. Therefore, these
responses are preliminary and without prejudice to plaintiffs’ right to discover and/or produce
evidence of additional facts and/or additional evidence of existing facts. Plaintiffs have made a
1 of 24
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024
good faith effort to respond to the Interrogatories, but reserves the right to object to, and to move
to have vacated, all of these Interrogatories.
Plaintiffs object to the Interrogatories, and to each individual request and/or interrogatory,
to the extent that they seek information that is not within plaintiffs own first-hand knowledge or
request the production of documents that are not within plaintiffs’ possession, custody or control.
Plaintiffs further object to the Interrogatories as overly broad and burdensome and
demanding an investigation into matters which are neither relevant to these proceeding nor
designed to lead to the discovery of evidence relevant to these proceedings.
Plaintiffs do not waive and specifically preserves the following objections:
1. Any and all objections to the competency, relevancy, materiality, privilege and admissibility of
the information or the subject matter thereof, as evidence for any purpose and any proceeding in
this action (including trial) and in other actions.
2. The right to object on any grounds at any time to demand for further responses or further
documents to these or any other discovery requests or other discovery proceedings involved or
related to the subject matter of the discovery to which information or documents are provided; and,
3. The right at any time to review, correct, add to, supplement or clarify any of these responses.
4. These objections are incorporated by reference into any amendment and/or supplement to these
interrogatories.
INTERROGATORIES
1. State the following:
(a) your full name, and all other names by which you have been known;
(b) age, and date and place of birth;
(c) whether you were an adopted child;
(d) present marital status, date of current marriage, spouse's maiden name, dates
of any prior marriages and the names of any prior spouses, if applicable;
(e) present home address; and
(f) social security number.
A.1. (a) Carmel H. McLoughlin
(b) 61; xx/xx/1962; Ireland
(c) Birth child;
(d) Single;
(e) 4333 Katonah Avenue Bronx, NY 10470;
(f) xxx-xx-9634.
2. State the following with regard to your father and mother:
(a) names;
(b) current address (if deceased, state last known address);
Page | 2
2 of 24
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024
(c) the current condition of each one's health, including any specific medical
problems. If either of your parents are deceased, please state for each
deceased parent:
i. specific physical problems;
ii. date and place of death;
iii. age and cause of death for each parent.
A.2. Plaintiff objects to this request as seeking information that is irrelevant or not
reasonably tailored to lead to the discovery of admissible evidence. Subject to
these objections, Plaintiff states as follows:
(a) Father – Patrick James McLoughlin, Deceased
i. Heart problems;
ii. Unsure;
iii. Age at death – 62; heart problems.
(b) Mother – Margaret Gaughan McLoughlin, Deceased
i. Blood clots, diabetes;
ii. March 2012, Ireland;
iii. Age at death – 86; Blood clot.
3. State the following with regard to each of your children:
(a) full name;
(b) the date of birth;
(c) sex;
(d) current address (if deceased, state the last known address);
(e) social security number;
(f) whether birth child or adopted child;
(g) current state of each one's health. If any of your children are deceased,
state for each deceased child:
i. specific physical problems;
ii. date and place of death; and
iii. age and cause of death for each child.
A.3. (a) Phillip Bannon;
(b) XX-XX-1987;
(c) Male;
(d) 4333 Katonah Avenue Bronx, NY 10470;
(e) xxx-xx-xxxx
(f) Birth child;
(g) Philip has some cognitive impairments due to a traumatic brain injury.
4. State the complete address of all places you have resided since birth giving the
inclusive dates of residence for each place named and as to each state:
(a) fuel use for heating and cooking;
(b) significant home improvements (e.g., additions, re-insulation, re-wiring,
etc.);
Page | 3
3 of 24
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024
(c) number of family units co-occupying said structure.
A.4.I. 1962 - Approximately 1980
Ireland- Gortogher, Ballina, County Mayo
(a) Open turf fire;
(b) None to Plaintiff’s recollection or knowledge;
(c) Single family house on a farm.
A.4.II. Approximately 1982 – Approximately 1983
Ireland- Ballanchardstown, Dublin,
(a) Investigation continues;
(b) None to Plaintiff’s recollection or knowledge;
(c) Hospital quarters.
A.4.III. Approximately 1984
London- Harlsden, Wimbley
(a) Gas for cooking and oil heating;
(b) None;
(c) Private House.
A.4.IV. Approximately 1985
61st Street, Roosevelt Avenue, Queens, NY 11377
(a) Gas for cooking and oil heating;
(b) None to Plaintiff’s recollection or knowledge;
(c) Apartment Building.
A.4.V. Approximately December 1985 - March 1986
Ireland
(a) Gas for cooking and oil heating;
(b) None to Plaintiff’s recollection or knowledge;
(c) Single Family Home.
A.4.VII. Approximately March 1986-1987
Riverdale, New York
(a) Gas cooking and oil heating;
(b) None to Plaintiff’s recollection or knowledge;
(c) Private House.
A.4.VIII. Approximately 1987
Mt. Vernon
(a) Gas cooking and oil heating;
(b) None to Plaintiff’s recollection;
(c) Apartment building.
A.4.IX. Approximately 1989 - Approximately 1990
135 236th Street Bronx, NY 10470
Page | 4
4 of 24
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024
(a) Gas cooking and oil heating;
(b) None to Plaintiff’s recollection or knowledge;
(c) Private House.
A.4.X. Approximately 1990 – Approximately 1999
237th Street Bronx , NY 10470
(a) Gas cooking and heating;
(b) None to Plaintiff’s recollection or knowledge;
(c) Private House.
A.4.XI. Approximately 1999 – Approximately 2010
135 236th Street Bronx , NY 10470
(a) Gas cooking and heating;
(b) Investigation Continues;
(c) Private House.
A.4.XII. Approximately 2010 – Present
4333 Katonah Avenue, Bronx, NY 10470
(a) Gas cooking and oil heating;
(b) None to Plaintiff’s recollection or knowledge;
(c) Private House.
5. For every physician or other health care provider who ever tested, treated, consulted
with or examined you up to and including the present date, for any reason
whatsoever, please state the following separately as to each:
(a) name and address of physician or health care provider and, if ongoing, the
approximate frequency of said treatment and services;
(b) date(s) of test, examination and/or treatment;
(c) symptoms complained of at the time, if any;
(d) any diagnosis made;
(e) treatment or examination given and reason for treatment or examination;
and
(f) any drugs or medications prescribed.
A.5. At the present time, although it is possible that Plaintiff consulted other
doctors, nurses and health care providers, Plaintiff generally recalls the
following names, dates and treatments:
A.5.I (a) Dr. Nirmala R. Tummalapenta, Tender Medical Care, 2550
Webb Avenue Bronx, NY 10468;
(b) Investigation continues. Plaintiff defers to her medical records
as the most complete source of this information. Plaintiff is still
presently receiving care and treatment from this physician;
(c) Investigation continues, see medical records;
(d) Investigation continues, see medical records;
(e) Investigation continues, see medical records;
Page | 5
5 of 24
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024
(f) Investigation continues, see medical records;
A.5.II (a) Dr. Daniel J. DaCosta, Montefiore Green Medical Arts Pavilion,
3400 Bainbridge Avenue Bronx, NY 10467;
(b) Investigation continues. Plaintiff defers to her medical records
as the most complete source of this information. Plaintiff is still
presently receiving care and treatment from this physician;
(c) Investigation continues, see medical records;
(d) Investigation continues, see medical records;
(e) Investigation continues, see medical records;
(f) Investigation continues, see medical records;
A.5.III (a) Dr. Avi S. Retter, New York Cancer & Blood Specialists
Eastchester Cancer Center, 2330 Eastchester Road Bronx, NY
10469;
(b) Investigation continues. Plaintiff defers to her medical records
as the most complete source of this information. Plaintiff is still
presently receiving care and treatment from this physician;
(c) Investigation continues, see medical records;
(d) Investigation continues, see medical records;
(e) Investigation continues, see medical records;
(f) Investigation continues, see medical records;
A.5.IV (a) Healthcare providers at Montefiore Hospital, 111 East 210th
Street Bronx, NY 10467;
(b) Investigation continues. Plaintiff defers to her medical records
as the most complete source of this information. Plaintiff is still
presently receiving care and treatment from this physician;
(c) Investigation continues, see medical records;
(d) Investigation continues, see medical records;
(e) Investigation continues, see medical records;
(f) Investigation continues, see medical records;
A.5.V (a) Healthcare providers at Memorial Sloan-Kettering Cancer
Center, 1275 York Avenue New York, NY 10065;
(b) Investigation continues. Plaintiff defers to her medical records
as the most complete source of this information. Plaintiff is still
presently receiving care and treatment from this physician;
(c) Investigation continues, see medical records;
(d) Investigation continues, see medical records;
(e) Investigation continues, see medical records;
(f) Investigation continues, see medical records;
Plaintiff Carmel H. McLoughlin has been seen by all of the above healthcare
providers on various dates since her diagnosis of malignant epithelioid
mesothelioma on December 16, 2022. Investigation is continuing and ongoing.
Plaintiff defers to her medical records, equally available to all parties, as the
best and most complete source for this information. Plaintiffs will provide
Page | 6
6 of 24
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024
medical records to Defendants as they become available. Authorizations have
also been provided to RecordTrak.
6. For every hospital, clinic or health care institution in which you have ever been
admitted, treated, tested, or examined, whether as an "in-patient" or as an "out-
patient," please state the following for each such visit:
(a) name and address of the facility;
(b) dates and description of test, treatment, examination or hospitalization
and, if ongoing, the approximate frequency of said treatment and services;
and
(c) reason for visit to the facility.
A.6.I. Although it is possible that Plaintiff was treated or examined in other
institutions, at the present time Plaintiff is aware of the following institutions
and treatment rendered:
(a) Montefiore Hospital, 111 East 210th Street Bronx, NY 10467;
(b) Investigation continues. Plaintiff defers to her medical records as the
most complete source of this information;
(c) Investigation continues, see medical records;
(a) Memorial Sloan-Kettering Cancer Center, 1275 York Avenue New
York, NY 10065;
(b) Investigation continues. Plaintiff defers to her medical records as the
most complete source of this information;
(b) Investigation continues, see medical records;
Plaintiff Carmel H. McLoughlin has been seen by all of the above healthcare
providers on various dates since her diagnosis of malignant epithelioid
mesothelioma on December 16, 2022. Investigation is continuing and ongoing.
Plaintiff defers to her medical records, equally available to all parties, as the
best and most complete source for this information. Plaintiffs will provide
medical records to Defendants as they become available. Authorizations have
also been provided to RecordTrak.
A.6.II. Additionally please see response A.5.II.
7. State each of your asbestos-related injuries and/or diseases, describe the nature of
those symptoms that you contend are related to your asbestos-related condition(s),
and state the date when you first experienced each such symptom and the date of
diagnosis and the name of any diagnosing physician and, if different, indicate the
date you first became aware of the diagnosis.
A.7. Plaintiff Carmel H. McLoughlin has experienced a variety of different and
differing symptoms to her asbestos-related injuries, including, but not limited
to pain and suffering, mental and emotional distress, shortness of breath,
Page | 7
7 of 24
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024
coughing, wheezing, nausea, loss of appetite, difficulty breathing, fatigue,
weight loss, respiratory discomfort, lethargy and severe pain. Plaintiff suffers
from mesothelioma and the progression of the disease.
8. Describe any pain, incapacity, inability to lead a normal life, inability to work, or
disability (including retirement) alleged to have resulted from your medical
conditions, including the date and basis therefore.
A.8. As a result of her mesothelioma Plaintiff Carmel H. McLoughlin experiences
significant pain and suffering, mental, and emotional distress. Her experiences
shortness of breath, coughing, wheezing, nausea, loss of appetite, difficulty
breathing, fatigue, weight loss, respiratory discomfort, lethargy and severe
pain. Plaintiff’s asbestos-related condition has completely and totally
disrupted her life and limited her in her everyday activities. Her ability to do
any tasks that require any physical exertion, including normal everyday
activities such as walking has been severely diminished. Plaintiff is no longer
able to pursue many of the activities which she enjoys, including hobbies and
spending time with family. Plaintiff’s asbestos-related mesothelioma has
caused her fear and has interfered with her ability to live a normal life.
9. Have you ever had any biopsies or tissue samples taken? If so, please state for each
such procedure:
(a) the name of the physician performing such procedure;
(b) the address where such procedure was performed;
(c) the date when such procedure was performed; and
(d) the results, conclusions, and/or diagnosis arising from such procedure.
A.9. (a) Dr. Daniel J. DaCosta;
(b) Montefiore Hospital;
(c) December 16, 2022;
(d) Malignant mesothelioma.
10. Have you ever had any chest x-rays, CT Scans and/or pulmonary function tests? If
so, state:
(a) the dates and places;
(b) the reasons;
(c) the results and/or diagnosis resulting therefrom;
(d) the location of all chest X-ray films and CT Scans; and
(e) provide appropriate authorization to obtain all X-rays, CT Scans and
pulmonary function tests.
A.10. Plaintiffs incorporate response to Interrogatory No. 9. For additional
information, Plaintiffs will make Carmel H. McLoughlin’s medical records
available to Defendants as they become available. Authorizations have also
been provided to RecordTrak.
Page | 8
8 of 24
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024
11. Have you ever been exposed to, used, inhaled or ingested any of the following
substances on a regular basis or at work. If so, state the date(s), place(s), and
circumstances thereof.
(a) acids
(b) aluminum
(c) arsenic
(d) barium
(e) beryllium
(f) butanol
(g) cadmium
(h) carborundum
(i) chloroethylene
(j) chlorine
(k) chromate
(l) chromite
(m) chromium
(n) coal dust (coal)
(o) coal tar
(p) cotton dust
(q) epoxy
(r) ethanol
(s) grinding dust
(t) iron
(u) isocyanates
(v) isopropanol
(w) lead
(x) live chickens
(y) manganese
(z) nickel
(aa) nitrogen dioxide
(ab) nuclear radiation
(ac) ozone
(ad) petroleum distillates
(ae) phosgene
(af) radiation
(ag) silica
(ah) titanium
(ai) toluene
(aj) welding smoke or fumes
(ak) zylene
(al) zinc.
A.11. Plaintiff Carmel H. McLoughlin objects to this interrogatory as vague,
overbroad, and irrelevant to this matter. At this time, Plaintiff is unaware of
specific exposure to the above substances. Discovery and investigation are
ongoing. Plaintiff will offer supplemental information as it becomes available.
Page | 9
9 of 24
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024
Plaintiff will be available to answer questions concerning any possible
exposures to these substances at the time of her deposition.
12. Do you use or have you ever used cigarettes, cigars, pipes, smokeless tobacco, of
any other tobacco substance, from birth to the present time? If so, state the
following:
(a) the brand and type of tobacco product(s) used (e.g., filter, non-filter,
chewing tobacco);
(b) the dates during which you used each such product;
(c) the amount of the product used per day, during each period of time (e.g.,
2 packs of cigarettes per day);
(d) whether you have ever been told by a physician that you are or were
suffering from any disease or illness caused by or contributed to by
tobacco; and
(e) whether you were ever advised by any physician or any other person that
use of tobacco products could adversely affect your health and whether you
were ever advised to stop using tobacco products, and if so, identify each
physician or person who gave you any such advice, the dates on which the
advice was given, and state exactly what, if anything, you did in
response to that advice.
A.12. Plaintiffs object to the relevance of this interrogatory. Plaintiff Carmel H.
McLoughlin smoked cigarettes from approximately 1980 to 2022, up to one
pack per day. Plaintiff has not been diagnosed with any tobacco-related illness.
13. For each spouse and member of your household, from your birth to the present time,
state whether they use or have ever used cigarettes, cigars, pipes, smokeless
tobacco, or any other tobacco substance, and if so, state the following:
(a) the brand and type of tobacco product(s) used (e.g., filter, non-filter,
chewing tobacco); and
(b) the dates during which they used each such product.
A.13. Plaintiffs object to the relevance of this interrogatory. Subject to and without
waiving the foregoing objections: Not applicable.
14. Do you presently consume or have you in the past consumed alcoholic beverages;
If so, state the following:
(a) the type of alcoholic beverages consumed;
(b) the dates during which you consumed each such alcoholic beverage;
(c) the amount of such beverage you consumed each day; and
(d) whether you have ever been treated for any illness or disease related to
your consumption of alcoholic beverages;
Page | 10
10 of 24
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024
A.14. Plaintiff objects to the relevance of this interrogatory. Subject to this
objection, Plaintiff drank alcoholic beverages socially. She has never been
treated for any illness or disease related to his alcohol consumption.
15. Have you ever been a member of the Armed Forces of the United States? If so,
state the following:
(a) the branch of the service, serial number, and highest rank held;
(b) the beginning and ending dates of your military service;
(c) the type of discharge that you received; and
(d) whether you sustained any injuries or incurred any illness during military
service.
(e) if you received a medical discharge, attach a copy hereto and set forth the
medical reasons.
A.15. (a-e) Plaintiff objects to the relevance of this interrogatory. Subject to and
without waiving the foregoing objections: Plaintiff Carmel H. McLoughlin has
not served in the Armed Forces of the United States.
16. As to each and every employer (including military service) you have had from the
time you were first employed to the present, set forth the following:
(Use attached Chart A)
Include on the Chart all employers where you have worked, and all job sites,
regardless of whether or not you believe you were exposed to asbestos during the
employment. Also, include the source of any product identification information
provided on Chart A.
A. 16. Plaintiffs object to this interrogatory as overly broad and unduly burdensome,
as well as premature. Plaintiffs reserve the right to supplement this Answer
as additional discovery and investigation is complete. Subject to and without
waiving the foregoing objections see Chart A and Plaintiff Carmel H.
McLoughlin’s social security records, which are being provided with these
responses.
17. Please state the following with respect to each asbestos-containing product
identified on Chart A:
(a) the color, dimensions, shape, form, texture, weight, appearance and
flexibility of each product;
(b) the appearance of the package or container indicating the manner of
packaging, size, dimensions, color and weight; and
(c) the name, logo, label, numerical and alphabetical markings and other
markings or words including warnings on the product and package or
container.
Page | 11
11 of 24
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024
A. 17. Plaintiffs object to this request as overly broad and unduly burdensome,
premature, and not reasonably tailored to lead to the discovery of admissible
evidence. Subject to these objections, Plaintiff Carmel H. McLoughlin is not
believed to have been exposed to asbestos-containing products at any worksite.
18. If you have retired from your employment, set forth the following:
(a) whether said retirement was voluntary or involuntary;
(b) the effective date of said retirement;
(c) the name of your employer at the time of retirement;
(d) the reason for your retirement;
(e) whether your retirement was related to any claimed asbestos-related
injury; and
(f) the amount of pension and/or retirement benefits you are receiving or
entitled to receive.
A.18. Plaintiffs object to the relevance of this interrogatory. Subject to and without
waiving the foregoing objections: Plaintiff has not yet retired.
19. State whether you were exposed (either directly, through a co-worker or
otherwise), to any Bankrupt Entity’s asbestos-containing materials, or products
either mined or manufactured, sold, or distributed by a Bankrupt Entity. If so, state
the following:
(a) As to each and every employer (including military service) you have had
from the time you were first employed to the present, set forth the following,
concerning Bankrupt Entities’ products only:
i. Name of Employer;
ii. Dates of employment;
iii. Asbestos-related job site and address where Bankrupt Entity’s
products were being used;
iv. Dates you were at the job site;
v. Job duties at the particular job site;
vi. Bankrupt Entity’s asbestos-containing materials or products to
which you were exposed.
vii. Other companies using Bankrupt Entity’s asbestos-containing
materials or products at the jobsite; and
viii. Whether you received any warnings with respect to the use of said
product and the nature of those warnings.
(b) If you were exposed to, used, ingested or inhaled any Bankrupt Entity’s
Asbestos-Containing Products at any time other than in the scope of your
employment, state for each such exposure:
i. the date, location and circumstances; and
ii. the type of product and the name of the manufacturer, distributor,
and miner.
Page | 12
12 of 24
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024
A.19. Plaintiff responds as follows: see Chart A, Plaintiff is not claiming exposure to
any Bankrupt Entity’s asbestos-containing materials at this time; however
investigation and discovery are ongoing and Plaintiff reserves the right to
amend Plaintiff’s response. Subject to ongoing investigation.
20. If you were exposed to, used, ingested or inhaled asbestos or asbestos-containing
products at any time other than in the scope of your employment, state for each
such exposure:
(a) the date, location and circumstances; and
(b) the type of product and the name of the manufacturer, distributor, and
miner.
A.20. Plaintiffs object to this request as overly broad and unduly burdensome,
premature, and not reasonably tailored to lead to the discovery of admissible
evidence. Subject to these objections, Plaintiff Carmel H. McLoughlin was
exposed to asbestos-containing products from her personal, mother’s, sons’s
and ex-partner’s usage of talcum powders, which were manufactured by
various companies, some of which the Plaintiff may identify at her deposition.
Plaintiff’s mother used L’Aimant dusting powder in her presence beginning
in approximately 1969 until approximately 1980. Plaintiff’s ex-partner used
Ammens foot powder and Johnson & Johnson baby powder in Plaintiff’s
presence from approximately 1985 to 1988. Plaintiff’s son also used Ammens
foot powder in Plaintiff’s presence from approximately 1999 to 2015. Plaintiff
used Johnson & Johnson baby powder on herself from approximately 1980
until 2022. Investigation is ongoing and Plaintiff reserves the right to
supplement this response.
21. Have you ever been a member of any labor union? If so, state:
(a) the name and address of each local, national and international labor
union;
(b) the inclusive dates of your membership; and
(c) any positions you have held with each such labor union, and the dates
during which you held such positions.
A.21. Not applicable.
22. State whether you have ever seen or received any information, instruction,
direction, warning, or directive, from any source whatsoever, concerning alleged
dangers of exposure to asbestos or asbestos-containing products, and if so, identify:
(a) each such warning, directive, notification, direction, instruction, or
information;
(b) the means by which such was given to you;
(c) the source and the date on which it was received by you; and
(d) your response or reaction, including any complaints made or changes in
work habits.
Page | 13
13 of 24
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024
A.22. Not applicable.
23. State whether you had available for use during any period of your employment,
respirators or masks or other dust inhalation inhibitor, or protective gear and, if so,
state the following:
(a) the period of time during which said items were available;
(b) what instructions were given with regard to the use of each of said items;
(c) whether you used said items and the dates of your use;
(d) whether you ever requested said items, and, if so, when, where and to
whom the request was made, and the response to the request.
A.23. Not applicable. However, Plaintiff does not recall being provided masks,
respirators, or other dust inhalation inhibitor, or protective gear during any
of her employment.
24. If you are making a claim for loss of earnings or impairment of earning power
because of your medical conditions, state the following:
(a) date of commencement of any loss or impairment;
(b) the name and address of your employer, your job title and your monthly
or weekly rate of pay at the time of the alleged commencement of any loss
or impairment;
(c) if you had more than one employer during the three year period prior to
the date of the commencement of any loss or impairment, as indicated on
Chart A, provide your monthly or weekly rate of pay and inclusive dates
of such employment during the three year period;
(d) your total earnings for the period of three years prior to the
commencement of any loss or impairment;
(e) the inclusive dates during which you allege that you were unable to work
as a result of any loss or impairment and the total amount of pay you
claim you lost because of this absence;
(f) the date on which any loss or impairment ended; and
(g) your monthly or weekly rate of pay which you have received, from the
date of any loss or impairment ended through the present time.
A.24. Not applicable.
25. Do you claim damages for loss of consortium, society, affection, services, or sexual
enjoyment? If so, please set forth in complete detail all facts on which this claim
is based, including a complete description of the loss suffered.
A.25. Not applicable.
26. For each person who is or was partially or totally dependent upon you for financial
support and assistance during the last ten years, state:
(a) the name, address, sex, age and relationship; and
Page | 14
14 of 24
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024
(b) the amounts you contributed during the last ten years for support and
assistance.
A.26. (a) Phillip Bannon, 4333 Katonah Avenue Bronx, NY 10470, Male, 36, son
(b) Unknown. Investigation is ongoing and Plaintiff reserves the right to
supplement this response.
27. State, in the form of an itemized list, all special damages alleged in this lawsuit
including, but not limited to, hospital charges, medical charges, medicines, lost
wages, etc., naming the person or organization to whom each item of expense was
paid or is due, and, if paid, by whom each item of expense was paid.
A.27 Expenses are continu
Preview
FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024 SUPREME COURT OF THE STATE OF NEW YORK ALL COUNTIES WITHIN NEW YORK CITY Re: NYCAL IN RE: NEW YORK CITY ASBESTOS LITIGATION Index No.: 190302/2023 This Document Applies to: PLAINTIFF’S ANSWERS TO DEFENDANTS' CARMEL H. MCLOUGHLIN, v. STANDARD SET OF PFIZER INC, et al. INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS PRELIMINARY STATEMENT AND OBJECTIONS Plaintiffs, by and through their attorneys objects to Defendants' Standard Set Of Interrogatories And Request For Production Of Documents, as well as the Explanation and Definitions and Instructions contained therein (Interrogatories), to the extent that they seek to impose upon plaintiff obligations or burdens which are greater than, or inconsistent with New York law. Plaintiffs further objects to these Interrogatories and to each individual request and/or interrogatory, to the extent that they seek information or request the production of documents that are protected from disclosure by the attorney-client privilege, the work product doctrine, and any other applicable privilege or doctrine protecting such documents from disclosure. The production of any document prepared by the plaintiffs’ attorneys is not a waiver of any privilege. The inclusion of or reference to any attorneys name on any responses is not a waiver of any privilege. Moreover, the documents produced are confidential and may not be disclosed other than to counsel, a party, the court or an expert in this action without order of the Court. Plaintiff, by providing documents in response to these Interrogatories specifically does not admit the competency, relevancy, materiality, privilege and/or admissibility of such document or of the information or subject matter. Should any such disclosure by Plaintiff occur, it is inadvertent and shall not constitute a waiver of any privilege. Plaintiffs have not completed investigating the facts relating to their case, have not completed their discovery, and have not completed preparing their case. Therefore, these responses are preliminary and without prejudice to plaintiffs’ right to discover and/or produce evidence of additional facts and/or additional evidence of existing facts. Plaintiffs have made a 1 of 24 FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024 good faith effort to respond to the Interrogatories, but reserves the right to object to, and to move to have vacated, all of these Interrogatories. Plaintiffs object to the Interrogatories, and to each individual request and/or interrogatory, to the extent that they seek information that is not within plaintiffs own first-hand knowledge or request the production of documents that are not within plaintiffs’ possession, custody or control. Plaintiffs further object to the Interrogatories as overly broad and burdensome and demanding an investigation into matters which are neither relevant to these proceeding nor designed to lead to the discovery of evidence relevant to these proceedings. Plaintiffs do not waive and specifically preserves the following objections: 1. Any and all objections to the competency, relevancy, materiality, privilege and admissibility of the information or the subject matter thereof, as evidence for any purpose and any proceeding in this action (including trial) and in other actions. 2. The right to object on any grounds at any time to demand for further responses or further documents to these or any other discovery requests or other discovery proceedings involved or related to the subject matter of the discovery to which information or documents are provided; and, 3. The right at any time to review, correct, add to, supplement or clarify any of these responses. 4. These objections are incorporated by reference into any amendment and/or supplement to these interrogatories. INTERROGATORIES 1. State the following: (a) your full name, and all other names by which you have been known; (b) age, and date and place of birth; (c) whether you were an adopted child; (d) present marital status, date of current marriage, spouse's maiden name, dates of any prior marriages and the names of any prior spouses, if applicable; (e) present home address; and (f) social security number. A.1. (a) Carmel H. McLoughlin (b) 61; xx/xx/1962; Ireland (c) Birth child; (d) Single; (e) 4333 Katonah Avenue Bronx, NY 10470; (f) xxx-xx-9634. 2. State the following with regard to your father and mother: (a) names; (b) current address (if deceased, state last known address); Page | 2 2 of 24 FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024 (c) the current condition of each one's health, including any specific medical problems. If either of your parents are deceased, please state for each deceased parent: i. specific physical problems; ii. date and place of death; iii. age and cause of death for each parent. A.2. Plaintiff objects to this request as seeking information that is irrelevant or not reasonably tailored to lead to the discovery of admissible evidence. Subject to these objections, Plaintiff states as follows: (a) Father – Patrick James McLoughlin, Deceased i. Heart problems; ii. Unsure; iii. Age at death – 62; heart problems. (b) Mother – Margaret Gaughan McLoughlin, Deceased i. Blood clots, diabetes; ii. March 2012, Ireland; iii. Age at death – 86; Blood clot. 3. State the following with regard to each of your children: (a) full name; (b) the date of birth; (c) sex; (d) current address (if deceased, state the last known address); (e) social security number; (f) whether birth child or adopted child; (g) current state of each one's health. If any of your children are deceased, state for each deceased child: i. specific physical problems; ii. date and place of death; and iii. age and cause of death for each child. A.3. (a) Phillip Bannon; (b) XX-XX-1987; (c) Male; (d) 4333 Katonah Avenue Bronx, NY 10470; (e) xxx-xx-xxxx (f) Birth child; (g) Philip has some cognitive impairments due to a traumatic brain injury. 4. State the complete address of all places you have resided since birth giving the inclusive dates of residence for each place named and as to each state: (a) fuel use for heating and cooking; (b) significant home improvements (e.g., additions, re-insulation, re-wiring, etc.); Page | 3 3 of 24 FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024 (c) number of family units co-occupying said structure. A.4.I. 1962 - Approximately 1980 Ireland- Gortogher, Ballina, County Mayo (a) Open turf fire; (b) None to Plaintiff’s recollection or knowledge; (c) Single family house on a farm. A.4.II. Approximately 1982 – Approximately 1983 Ireland- Ballanchardstown, Dublin, (a) Investigation continues; (b) None to Plaintiff’s recollection or knowledge; (c) Hospital quarters. A.4.III. Approximately 1984 London- Harlsden, Wimbley (a) Gas for cooking and oil heating; (b) None; (c) Private House. A.4.IV. Approximately 1985 61st Street, Roosevelt Avenue, Queens, NY 11377 (a) Gas for cooking and oil heating; (b) None to Plaintiff’s recollection or knowledge; (c) Apartment Building. A.4.V. Approximately December 1985 - March 1986 Ireland (a) Gas for cooking and oil heating; (b) None to Plaintiff’s recollection or knowledge; (c) Single Family Home. A.4.VII. Approximately March 1986-1987 Riverdale, New York (a) Gas cooking and oil heating; (b) None to Plaintiff’s recollection or knowledge; (c) Private House. A.4.VIII. Approximately 1987 Mt. Vernon (a) Gas cooking and oil heating; (b) None to Plaintiff’s recollection; (c) Apartment building. A.4.IX. Approximately 1989 - Approximately 1990 135 236th Street Bronx, NY 10470 Page | 4 4 of 24 FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024 (a) Gas cooking and oil heating; (b) None to Plaintiff’s recollection or knowledge; (c) Private House. A.4.X. Approximately 1990 – Approximately 1999 237th Street Bronx , NY 10470 (a) Gas cooking and heating; (b) None to Plaintiff’s recollection or knowledge; (c) Private House. A.4.XI. Approximately 1999 – Approximately 2010 135 236th Street Bronx , NY 10470 (a) Gas cooking and heating; (b) Investigation Continues; (c) Private House. A.4.XII. Approximately 2010 – Present 4333 Katonah Avenue, Bronx, NY 10470 (a) Gas cooking and oil heating; (b) None to Plaintiff’s recollection or knowledge; (c) Private House. 5. For every physician or other health care provider who ever tested, treated, consulted with or examined you up to and including the present date, for any reason whatsoever, please state the following separately as to each: (a) name and address of physician or health care provider and, if ongoing, the approximate frequency of said treatment and services; (b) date(s) of test, examination and/or treatment; (c) symptoms complained of at the time, if any; (d) any diagnosis made; (e) treatment or examination given and reason for treatment or examination; and (f) any drugs or medications prescribed. A.5. At the present time, although it is possible that Plaintiff consulted other doctors, nurses and health care providers, Plaintiff generally recalls the following names, dates and treatments: A.5.I (a) Dr. Nirmala R. Tummalapenta, Tender Medical Care, 2550 Webb Avenue Bronx, NY 10468; (b) Investigation continues. Plaintiff defers to her medical records as the most complete source of this information. Plaintiff is still presently receiving care and treatment from this physician; (c) Investigation continues, see medical records; (d) Investigation continues, see medical records; (e) Investigation continues, see medical records; Page | 5 5 of 24 FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024 (f) Investigation continues, see medical records; A.5.II (a) Dr. Daniel J. DaCosta, Montefiore Green Medical Arts Pavilion, 3400 Bainbridge Avenue Bronx, NY 10467; (b) Investigation continues. Plaintiff defers to her medical records as the most complete source of this information. Plaintiff is still presently receiving care and treatment from this physician; (c) Investigation continues, see medical records; (d) Investigation continues, see medical records; (e) Investigation continues, see medical records; (f) Investigation continues, see medical records; A.5.III (a) Dr. Avi S. Retter, New York Cancer & Blood Specialists Eastchester Cancer Center, 2330 Eastchester Road Bronx, NY 10469; (b) Investigation continues. Plaintiff defers to her medical records as the most complete source of this information. Plaintiff is still presently receiving care and treatment from this physician; (c) Investigation continues, see medical records; (d) Investigation continues, see medical records; (e) Investigation continues, see medical records; (f) Investigation continues, see medical records; A.5.IV (a) Healthcare providers at Montefiore Hospital, 111 East 210th Street Bronx, NY 10467; (b) Investigation continues. Plaintiff defers to her medical records as the most complete source of this information. Plaintiff is still presently receiving care and treatment from this physician; (c) Investigation continues, see medical records; (d) Investigation continues, see medical records; (e) Investigation continues, see medical records; (f) Investigation continues, see medical records; A.5.V (a) Healthcare providers at Memorial Sloan-Kettering Cancer Center, 1275 York Avenue New York, NY 10065; (b) Investigation continues. Plaintiff defers to her medical records as the most complete source of this information. Plaintiff is still presently receiving care and treatment from this physician; (c) Investigation continues, see medical records; (d) Investigation continues, see medical records; (e) Investigation continues, see medical records; (f) Investigation continues, see medical records; Plaintiff Carmel H. McLoughlin has been seen by all of the above healthcare providers on various dates since her diagnosis of malignant epithelioid mesothelioma on December 16, 2022. Investigation is continuing and ongoing. Plaintiff defers to her medical records, equally available to all parties, as the best and most complete source for this information. Plaintiffs will provide Page | 6 6 of 24 FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024 medical records to Defendants as they become available. Authorizations have also been provided to RecordTrak. 6. For every hospital, clinic or health care institution in which you have ever been admitted, treated, tested, or examined, whether as an "in-patient" or as an "out- patient," please state the following for each such visit: (a) name and address of the facility; (b) dates and description of test, treatment, examination or hospitalization and, if ongoing, the approximate frequency of said treatment and services; and (c) reason for visit to the facility. A.6.I. Although it is possible that Plaintiff was treated or examined in other institutions, at the present time Plaintiff is aware of the following institutions and treatment rendered: (a) Montefiore Hospital, 111 East 210th Street Bronx, NY 10467; (b) Investigation continues. Plaintiff defers to her medical records as the most complete source of this information; (c) Investigation continues, see medical records; (a) Memorial Sloan-Kettering Cancer Center, 1275 York Avenue New York, NY 10065; (b) Investigation continues. Plaintiff defers to her medical records as the most complete source of this information; (b) Investigation continues, see medical records; Plaintiff Carmel H. McLoughlin has been seen by all of the above healthcare providers on various dates since her diagnosis of malignant epithelioid mesothelioma on December 16, 2022. Investigation is continuing and ongoing. Plaintiff defers to her medical records, equally available to all parties, as the best and most complete source for this information. Plaintiffs will provide medical records to Defendants as they become available. Authorizations have also been provided to RecordTrak. A.6.II. Additionally please see response A.5.II. 7. State each of your asbestos-related injuries and/or diseases, describe the nature of those symptoms that you contend are related to your asbestos-related condition(s), and state the date when you first experienced each such symptom and the date of diagnosis and the name of any diagnosing physician and, if different, indicate the date you first became aware of the diagnosis. A.7. Plaintiff Carmel H. McLoughlin has experienced a variety of different and differing symptoms to her asbestos-related injuries, including, but not limited to pain and suffering, mental and emotional distress, shortness of breath, Page | 7 7 of 24 FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024 coughing, wheezing, nausea, loss of appetite, difficulty breathing, fatigue, weight loss, respiratory discomfort, lethargy and severe pain. Plaintiff suffers from mesothelioma and the progression of the disease. 8. Describe any pain, incapacity, inability to lead a normal life, inability to work, or disability (including retirement) alleged to have resulted from your medical conditions, including the date and basis therefore. A.8. As a result of her mesothelioma Plaintiff Carmel H. McLoughlin experiences significant pain and suffering, mental, and emotional distress. Her experiences shortness of breath, coughing, wheezing, nausea, loss of appetite, difficulty breathing, fatigue, weight loss, respiratory discomfort, lethargy and severe pain. Plaintiff’s asbestos-related condition has completely and totally disrupted her life and limited her in her everyday activities. Her ability to do any tasks that require any physical exertion, including normal everyday activities such as walking has been severely diminished. Plaintiff is no longer able to pursue many of the activities which she enjoys, including hobbies and spending time with family. Plaintiff’s asbestos-related mesothelioma has caused her fear and has interfered with her ability to live a normal life. 9. Have you ever had any biopsies or tissue samples taken? If so, please state for each such procedure: (a) the name of the physician performing such procedure; (b) the address where such procedure was performed; (c) the date when such procedure was performed; and (d) the results, conclusions, and/or diagnosis arising from such procedure. A.9. (a) Dr. Daniel J. DaCosta; (b) Montefiore Hospital; (c) December 16, 2022; (d) Malignant mesothelioma. 10. Have you ever had any chest x-rays, CT Scans and/or pulmonary function tests? If so, state: (a) the dates and places; (b) the reasons; (c) the results and/or diagnosis resulting therefrom; (d) the location of all chest X-ray films and CT Scans; and (e) provide appropriate authorization to obtain all X-rays, CT Scans and pulmonary function tests. A.10. Plaintiffs incorporate response to Interrogatory No. 9. For additional information, Plaintiffs will make Carmel H. McLoughlin’s medical records available to Defendants as they become available. Authorizations have also been provided to RecordTrak. Page | 8 8 of 24 FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024 11. Have you ever been exposed to, used, inhaled or ingested any of the following substances on a regular basis or at work. If so, state the date(s), place(s), and circumstances thereof. (a) acids (b) aluminum (c) arsenic (d) barium (e) beryllium (f) butanol (g) cadmium (h) carborundum (i) chloroethylene (j) chlorine (k) chromate (l) chromite (m) chromium (n) coal dust (coal) (o) coal tar (p) cotton dust (q) epoxy (r) ethanol (s) grinding dust (t) iron (u) isocyanates (v) isopropanol (w) lead (x) live chickens (y) manganese (z) nickel (aa) nitrogen dioxide (ab) nuclear radiation (ac) ozone (ad) petroleum distillates (ae) phosgene (af) radiation (ag) silica (ah) titanium (ai) toluene (aj) welding smoke or fumes (ak) zylene (al) zinc. A.11. Plaintiff Carmel H. McLoughlin objects to this interrogatory as vague, overbroad, and irrelevant to this matter. At this time, Plaintiff is unaware of specific exposure to the above substances. Discovery and investigation are ongoing. Plaintiff will offer supplemental information as it becomes available. Page | 9 9 of 24 FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024 Plaintiff will be available to answer questions concerning any possible exposures to these substances at the time of her deposition. 12. Do you use or have you ever used cigarettes, cigars, pipes, smokeless tobacco, of any other tobacco substance, from birth to the present time? If so, state the following: (a) the brand and type of tobacco product(s) used (e.g., filter, non-filter, chewing tobacco); (b) the dates during which you used each such product; (c) the amount of the product used per day, during each period of time (e.g., 2 packs of cigarettes per day); (d) whether you have ever been told by a physician that you are or were suffering from any disease or illness caused by or contributed to by tobacco; and (e) whether you were ever advised by any physician or any other person that use of tobacco products could adversely affect your health and whether you were ever advised to stop using tobacco products, and if so, identify each physician or person who gave you any such advice, the dates on which the advice was given, and state exactly what, if anything, you did in response to that advice. A.12. Plaintiffs object to the relevance of this interrogatory. Plaintiff Carmel H. McLoughlin smoked cigarettes from approximately 1980 to 2022, up to one pack per day. Plaintiff has not been diagnosed with any tobacco-related illness. 13. For each spouse and member of your household, from your birth to the present time, state whether they use or have ever used cigarettes, cigars, pipes, smokeless tobacco, or any other tobacco substance, and if so, state the following: (a) the brand and type of tobacco product(s) used (e.g., filter, non-filter, chewing tobacco); and (b) the dates during which they used each such product. A.13. Plaintiffs object to the relevance of this interrogatory. Subject to and without waiving the foregoing objections: Not applicable. 14. Do you presently consume or have you in the past consumed alcoholic beverages; If so, state the following: (a) the type of alcoholic beverages consumed; (b) the dates during which you consumed each such alcoholic beverage; (c) the amount of such beverage you consumed each day; and (d) whether you have ever been treated for any illness or disease related to your consumption of alcoholic beverages; Page | 10 10 of 24 FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024 A.14. Plaintiff objects to the relevance of this interrogatory. Subject to this objection, Plaintiff drank alcoholic beverages socially. She has never been treated for any illness or disease related to his alcohol consumption. 15. Have you ever been a member of the Armed Forces of the United States? If so, state the following: (a) the branch of the service, serial number, and highest rank held; (b) the beginning and ending dates of your military service; (c) the type of discharge that you received; and (d) whether you sustained any injuries or incurred any illness during military service. (e) if you received a medical discharge, attach a copy hereto and set forth the medical reasons. A.15. (a-e) Plaintiff objects to the relevance of this interrogatory. Subject to and without waiving the foregoing objections: Plaintiff Carmel H. McLoughlin has not served in the Armed Forces of the United States. 16. As to each and every employer (including military service) you have had from the time you were first employed to the present, set forth the following: (Use attached Chart A) Include on the Chart all employers where you have worked, and all job sites, regardless of whether or not you believe you were exposed to asbestos during the employment. Also, include the source of any product identification information provided on Chart A. A. 16. Plaintiffs object to this interrogatory as overly broad and unduly burdensome, as well as premature. Plaintiffs reserve the right to supplement this Answer as additional discovery and investigation is complete. Subject to and without waiving the foregoing objections see Chart A and Plaintiff Carmel H. McLoughlin’s social security records, which are being provided with these responses. 17. Please state the following with respect to each asbestos-containing product identified on Chart A: (a) the color, dimensions, shape, form, texture, weight, appearance and flexibility of each product; (b) the appearance of the package or container indicating the manner of packaging, size, dimensions, color and weight; and (c) the name, logo, label, numerical and alphabetical markings and other markings or words including warnings on the product and package or container. Page | 11 11 of 24 FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024 A. 17. Plaintiffs object to this request as overly broad and unduly burdensome, premature, and not reasonably tailored to lead to the discovery of admissible evidence. Subject to these objections, Plaintiff Carmel H. McLoughlin is not believed to have been exposed to asbestos-containing products at any worksite. 18. If you have retired from your employment, set forth the following: (a) whether said retirement was voluntary or involuntary; (b) the effective date of said retirement; (c) the name of your employer at the time of retirement; (d) the reason for your retirement; (e) whether your retirement was related to any claimed asbestos-related injury; and (f) the amount of pension and/or retirement benefits you are receiving or entitled to receive. A.18. Plaintiffs object to the relevance of this interrogatory. Subject to and without waiving the foregoing objections: Plaintiff has not yet retired. 19. State whether you were exposed (either directly, through a co-worker or otherwise), to any Bankrupt Entity’s asbestos-containing materials, or products either mined or manufactured, sold, or distributed by a Bankrupt Entity. If so, state the following: (a) As to each and every employer (including military service) you have had from the time you were first employed to the present, set forth the following, concerning Bankrupt Entities’ products only: i. Name of Employer; ii. Dates of employment; iii. Asbestos-related job site and address where Bankrupt Entity’s products were being used; iv. Dates you were at the job site; v. Job duties at the particular job site; vi. Bankrupt Entity’s asbestos-containing materials or products to which you were exposed. vii. Other companies using Bankrupt Entity’s asbestos-containing materials or products at the jobsite; and viii. Whether you received any warnings with respect to the use of said product and the nature of those warnings. (b) If you were exposed to, used, ingested or inhaled any Bankrupt Entity’s Asbestos-Containing Products at any time other than in the scope of your employment, state for each such exposure: i. the date, location and circumstances; and ii. the type of product and the name of the manufacturer, distributor, and miner. Page | 12 12 of 24 FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024 A.19. Plaintiff responds as follows: see Chart A, Plaintiff is not claiming exposure to any Bankrupt Entity’s asbestos-containing materials at this time; however investigation and discovery are ongoing and Plaintiff reserves the right to amend Plaintiff’s response. Subject to ongoing investigation. 20. If you were exposed to, used, ingested or inhaled asbestos or asbestos-containing products at any time other than in the scope of your employment, state for each such exposure: (a) the date, location and circumstances; and (b) the type of product and the name of the manufacturer, distributor, and miner. A.20. Plaintiffs object to this request as overly broad and unduly burdensome, premature, and not reasonably tailored to lead to the discovery of admissible evidence. Subject to these objections, Plaintiff Carmel H. McLoughlin was exposed to asbestos-containing products from her personal, mother’s, sons’s and ex-partner’s usage of talcum powders, which were manufactured by various companies, some of which the Plaintiff may identify at her deposition. Plaintiff’s mother used L’Aimant dusting powder in her presence beginning in approximately 1969 until approximately 1980. Plaintiff’s ex-partner used Ammens foot powder and Johnson & Johnson baby powder in Plaintiff’s presence from approximately 1985 to 1988. Plaintiff’s son also used Ammens foot powder in Plaintiff’s presence from approximately 1999 to 2015. Plaintiff used Johnson & Johnson baby powder on herself from approximately 1980 until 2022. Investigation is ongoing and Plaintiff reserves the right to supplement this response. 21. Have you ever been a member of any labor union? If so, state: (a) the name and address of each local, national and international labor union; (b) the inclusive dates of your membership; and (c) any positions you have held with each such labor union, and the dates during which you held such positions. A.21. Not applicable. 22. State whether you have ever seen or received any information, instruction, direction, warning, or directive, from any source whatsoever, concerning alleged dangers of exposure to asbestos or asbestos-containing products, and if so, identify: (a) each such warning, directive, notification, direction, instruction, or information; (b) the means by which such was given to you; (c) the source and the date on which it was received by you; and (d) your response or reaction, including any complaints made or changes in work habits. Page | 13 13 of 24 FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024 A.22. Not applicable. 23. State whether you had available for use during any period of your employment, respirators or masks or other dust inhalation inhibitor, or protective gear and, if so, state the following: (a) the period of time during which said items were available; (b) what instructions were given with regard to the use of each of said items; (c) whether you used said items and the dates of your use; (d) whether you ever requested said items, and, if so, when, where and to whom the request was made, and the response to the request. A.23. Not applicable. However, Plaintiff does not recall being provided masks, respirators, or other dust inhalation inhibitor, or protective gear during any of her employment. 24. If you are making a claim for loss of earnings or impairment of earning power because of your medical conditions, state the following: (a) date of commencement of any loss or impairment; (b) the name and address of your employer, your job title and your monthly or weekly rate of pay at the time of the alleged commencement of any loss or impairment; (c) if you had more than one employer during the three year period prior to the date of the commencement of any loss or impairment, as indicated on Chart A, provide your monthly or weekly rate of pay and inclusive dates of such employment during the three year period; (d) your total earnings for the period of three years prior to the commencement of any loss or impairment; (e) the inclusive dates during which you allege that you were unable to work as a result of any loss or impairment and the total amount of pay you claim you lost because of this absence; (f) the date on which any loss or impairment ended; and (g) your monthly or weekly rate of pay which you have received, from the date of any loss or impairment ended through the present time. A.24. Not applicable. 25. Do you claim damages for loss of consortium, society, affection, services, or sexual enjoyment? If so, please set forth in complete detail all facts on which this claim is based, including a complete description of the loss suffered. A.25. Not applicable. 26. For each person who is or was partially or totally dependent upon you for financial support and assistance during the last ten years, state: (a) the name, address, sex, age and relationship; and Page | 14 14 of 24 FILED: NEW YORK COUNTY CLERK 01/08/2024 10:12 AM INDEX NO. 190302/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/08/2024 (b) the amounts you contributed during the last ten years for support and assistance. A.26. (a) Phillip Bannon, 4333 Katonah Avenue Bronx, NY 10470, Male, 36, son (b) Unknown. Investigation is ongoing and Plaintiff reserves the right to supplement this response. 27. State, in the form of an itemized list, all special damages alleged in this lawsuit including, but not limited to, hospital charges, medical charges, medicines, lost wages, etc., naming the person or organization to whom each item of expense was paid or is due, and, if paid, by whom each item of expense was paid. A.27 Expenses are continu