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FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM INDEX NO. E2022002698
NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
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KUSH SHUKLA
1040 6th Avenue, Suite 12B Instrument: EXHIBIT(S)
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Control #: 202404121408
Index #: E2022002698
Date: 04/12/2024
JOHNSON-BRETT, LINDA Time: 2:40:19 PM
BRETT, BRADFORD
A.O. SMITH CORPORATION.,
AVON PRODUCTS, INC.,
BIRD INCORPORATED,
BRENNTAG NORTH AMERICA, INC., individually and as
successor in interest to MINERAL PIGMENT SOLUTIONS,
INC., as successor in interest to WHITTAKER, CLARK &
DANIELS, INC.,
BURNHAM, LLC, individually and as successor to BURNHAM
CORPORATION,
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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67243435
Jan 18 2022
07:10PM
January 12, 2022
Mr. Peter M. Mularczyk
Foley & Mansfield
181 W. Huntington Drive, Suite 210
Monrovia, CA 91016
Subject: Expert Report in the matter of Sherri Bryant and Mark Bryant v. Johnson & Johnson, et
al. (regarding Avon Products, Inc.)
Dear Mr. Mularczyk:
I have prepared the attached report in response to the request for my retention in the Bryant
matter made on September 28, 2021. The first set of case materials was received for my review
on October 13, 2021.
It is my understanding that I have been retained by counsel to offer my opinions concerning Ms.
Bryant’s potential for exposure to asbestos from consumer use of Avon Skin So Soft talcum
powder.
My opinions are reflected in the attached report. I have also provided a brief description of my
background and areas of expertise relating to this matter, including a discussion of my knowledge
and experience in the field of industrial hygiene.
Respectfully,
Jennifer Sahmel, PhD, CIH, CSP, FAIHA
Managing Principal Scientist
Attachments
1790 38th street, boulder, colorado 80301 jennifer.sahmel@insightrisk.com
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Expert Report of
Jennifer Sahmel, PhD, CIH, CSP, FAIHA
Expert Report in the matter of Sherri Bryant and Mark Bryant v. Johnson & Johnson, et al.
(regarding Avon Products, Inc.)
Prepared for:
Mr. Peter M. Mularczyk
Foley & Mansfield
181 W. Huntington Drive, Suite 210
Monrovia, CA 91016
Prepared by:
Jennifer Sahmel
Insight Exposure and Risk Sciences
1790 38th St., Suite 201
Boulder, CO 80301
January 12, 2022
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Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA
In the matter of Bryant
January 12, 2022
I. EXPERIENCE
I am a Certified Industrial Hygienist (CIH) [American Board of Industrial Hygiene (ABIH)] and a
Certified Safety Professional (CSP) [Board of Certified Safety Professionals (BCSP)] with 25 years
of experience in human health exposure, risk assessment, and workplace health and safety. I am
also a Fellow of the American Industrial Hygiene Association (FAIHA) and a Research Fellow of
the Exposure Science and Sustainability Institute at the University of Minnesota. I have
experience in exposure assessment methodologies, the history and state of the science for
industrial hygiene over time, health risk decision making, exposure monitoring, and safety
management systems. I have conducted chemical‐specific exposure assessments for a wide
range of substances, including asbestos, acrylamide, benzene, carbon monoxide, silica, diesel
exhaust, solvents, vinyl chloride, phthalates, talc, lead, and cadmium.
In my current position, I am a Managing Principal Scientist of Insight Exposure and Risk
Sciences. Insight is dedicated to addressing scientifically complex and technical questions related
to human health and safety, including exposure and risk assessment. I specialize in the disciplines
of industrial hygiene, exposure science, occupational and consumer exposure assessment, and
exposure reconstruction. This includes but is not limited to dermal, inhalation, and ingestion
exposure potential to agents found in consumer products, the ambient air, industrial materials
and other media.
My peer‐reviewed publications include an exposure and risk assessment associated with the
historical use of cosmetic talcum powder products (Burns et al. 2019), a review of ambient
asbestos fiber concentrations and pleural mesothelioma incidence in urban and rural areas in the
U.S. (Glynn et al. 2018), and a comprehensive review paper on exposure reconstruction methods
for human health risk assessment (Sahmel et al. 2010), as well as a review of the history and
evolution of knowledge of industrial hygienists regarding asbestos (Barlow et al. 2017). I have
also specifically published on the topics of asbestos bystander and take home exposure potential,
fiber settling, and the epidemiology of background exposures (Donovan et al. 2011; Sahmel et al.
2014a; Sahmel et al. 2016; Sahmel et al. 2015a; Glynn et al. 2018). I have published papers
addressing the use of industrial hygiene principles, exposure assessment, and exposure
reconstruction for vinyl chloride, benzene, carbon monoxide, lead, and a number of other
chemicals (Paustenbach et al. 2010; Sahmel et al. 2009b; Williams et al. 2011; Sahmel et al.
2014b; Sahmel et al. 2015c; Avens et al. 2018)
I am active in the industrial hygiene scientific community in the United States and internationally,
and have served on both International Standards Organization (ISO) and American National
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Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA
In the matter of Bryant
January 12, 2022
Standards Institute (ANSI) committees. I was elected to the American Industrial Hygiene
Association’s (AIHA’s) Board of Directors for 2014‐2017 and am the current Chair of the AIHA
Fellows Special Interest Group. I am also a past Chair of the AIHA’s Exposure Assessment
Strategies Committee, and the founder of the committee’s working group on dermal exposure
assessment. I am a co‐author for the committee’s text on exposure assessment strategies
(Ignacio et al. 2006; Sahmel et al. 2006a; Sahmel et al. 2006b; Sahmel et al. 2015b; Boeniger et
al. 2015) and the committee’s occupational exposure mathematical modeling textbook (Keil et
al. 2009; Sahmel et al. 2009a). Additionally, I have been an instructor for multiple professional
development courses on exposure assessment for the AIHA’s annual conference (AIHCE) for the
past nine years, including the topics of exposure assessment strategies, exposure assessment
modeling, dermal exposure assessment, and professional judgment in exposure assessment. I
was also an instructor for the committee’s Exposure Assessment Symposia in 2003, 2005, and
2009.
I have taught classes in exposure and risk assessment at the University of Minnesota, Johns
Hopkins University, the University of Illinois at Chicago, and Colorado State University. I have also
been invited to give presentations and workshops on exposure assessment for the U.S. EPA, the
American Conference of Governmental Hygienists (ACGIH), the International Society for
Exposure Science, NASA's annual Occupational Health Conference, the Navy and Marine Corps
Public Health Conference, the China‐U.S. Occupational Health Symposium, the National Institute
for Occupational Safety and Health (NIOSH), the Colombian Society for Occupational Hygiene,
the California Industrial Hygiene Council (CIHC), and multiple local geographic chapters of the
AIHA. I am a current Co‐Chair of the NIOSH‐facilitated National Occupational Research Agenda
(NORA) Cross‐Sector Council for Immune, Infectious, and Dermal Disease. NORA is a partnership
program to stimulate innovative research and improved workplace practices, in which diverse
parties collaborate to identify the most critical issues in workplace safety and health and then
make progress on those issues through information sharing, collaboration, and enhancing
dissemination and implementation of evidence‐based practices. I was also a member of the
NIOSH Expert Workgroup on Skin Notations and Dermal Exposure Issues (2005‐2009), which was
charged with assisting the agency in updating and expanding the NIOSH skin notations and
provided expert guidance to NIOSH on dermal exposure issues.
While working in the U.S. EPA’s Office of Pollution Prevention and Toxics (OPPT) in their Chemical
Engineering Branch, I reviewed and contributed to occupational health and exposure assessment
research and standards for the management of numerous national programs including the Toxics
Substances Control Act, the Pollution Prevention program, Green Engineering, Design for the
Environment, National Program Chemicals, Voluntary Children’s Chemical Evaluation Program
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Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA
In the matter of Bryant
January 12, 2022
(VCCEP), and counter‐terrorism activities. I worked with numerous EPA risk assessment models
to evaluate a wide variety of exposure scenarios.
My professional education, training, and background are consistent with the topics and areas of
scientific study about which I will testify. My curriculum vitae, which presents my background
and training, is included as Attachment A to this report.
II. MATERIALS REVIEWED IN FORMULATING OPINIONS
My opinions are based on my professional qualifications, work experiences, and knowledge of
industrial hygiene, exposure assessment, and related fields. My views are also based on
information that is related to this case. In the process of preparing this report, I have received
and relied upon the following case‐specific documents:
1. Plaintiff’s Complaint, dated February 12, 2021
2. Plaintiff’s Answers to Defendants’ First set of Interrogatories, dated March 23, 2021
3. Plaintiff’s Preliminary Discovery Brochure, dated March 23, 2021
4. Plaintiff’s First Supplemental Preliminary Discovery Brochure, dated June 28, 2021
5. Plaintiff’s Second Supplemental Preliminary Discovery Brochure, dated September 15,
2021
6. Plaintiff’s final Discovery Brochure, dated October 4, 2021
7. Plaintiff’s Amended Final Discovery Brochure, dated October 6, 2021
8. Videoconference Deposition of Sherri Bryant, dated March 30, 2021
9. Videoconference Deposition of Sherri Bryant, dated April 1, 2021
10. Deposition of Bethany Bryant, dated July 2, 2021
11. Deposition of Laura Bryant, dated July 2, 2021
12. Deposition of Sara Miller, dated July 2, 2021
13. Deposition of Rhonda Weaver, dated September 22, 2021
14. Plaintiff’s Responses to Standard Interrogatories in the Carl Weaver Matter, dated
March 8, 2021
15. Plaintiff’s Preliminary Discovery Brochure in the Carl Weaver Matter, dated May 6, 2021
16. Carl Weaver Asbestos Trust Claims
17. Expert Report of Alan M. Segrave, dated January 3, 2022
18. Medical Records from Henry Ford Hospital Detroit, Karmanos Cancer Inst, Mich.
Healthcare Professionals, and Clarkston Medical Group, Various Dates
19. Deposition Testimony of Ronald Morian, Dated April 26, 2004
20. Deposition Testimony of Rickey Bullis, dated November 17, 2014
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Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA
In the matter of Bryant
January 12, 2022
21. Rough Deposition of Mark Bryant, dated January 11, 2022
22. Deposition of Mark Bryant, dated January 11, 2022
Further, I have reviewed and relied upon published papers, reports, regulatory materials and
textbooks on industrial hygiene, toxicology, medicine, and standard practices associated with
asbestos use available in the open literature. Specific references cited in my opinions are listed
at the end of this report, as well as a list of documents that were also reviewed in forming my
opinions is provided in Attachment B to this report entitled “General Asbestos Reference List.”
My opinions and the basis for these opinions are provided in Sections IV and V of this report. I
express these to a reasonable degree of scientific certainty and reserve the right to supplement
the report in the event that additional information becomes available. My time spent in the
preparation of this opinion letter and reviewing documents to formulate my opinions as well as
for any deposition or trial testimony I may be called upon to give will be billed at a rate of $435
per hour.
III. CASE‐SPECIFIC INFORMATION
General Case Summary
Ms. Sherri Anne Bryant was born on March 15, 1962 (Complaint: p. 3; Int. #1; Bryant Vol I: p. 9‐
10, 13). She was reportedly diagnosed with pleural mesothelioma on November 13, 2020 at the
age of 58 (Complaint: p. 3; Int. #39; Exhibit C; Bryant Vol II: p. 14). It was reported that Ms. Bryant
was a lifelong non‐smoker (Int. #34; Bryant Vol I: p. 35)
According to the amended final discovery brochure, it was alleged that Ms. Bryant was exposed
to asbestos‐containing talcum products and cosmetic products from approximately 1962 to 2014
(Amd. Disc. Brochure). Ms. Bryant alleged non‐occupational exposure from talcum powder
products applied to her as an infant and child, her personal application of cosmetic and talcum
powder products as an adult, her application of talcum power products onto her children and
grandchildren, her family member’s use of talcum powder products, and the cleanup following
previously mentioned exposures (Amd. Disc. Brochure). It was reported that Ms. Bryant was
exposed to Johnson & Johnson, Coty, Estee Lauder, and Avon talcum powder products (Amd.
Disc. Brochure). According to her deposition testimony, Ms. Bryant used Johnson & Johnson,
Coty, Avon, and Estee Lauder products (Bryant Vol I: p. 56, 75, 80‐81, 83). No occupational
exposure was alleged.
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In the matter of Bryant
January 12, 2022
It was noted in Ms. Bryant’s medical records that she had asbestos exposure “potentially in her
house when she was a child”, from “asbestos in [her] basement”, or from “basement tile” (Henry
Ford Hospital: p. 029, 057; Karmanos Cancer Vol. 1: p. 12). It was noted in other medical records
that Ms. Bryant “does admit to asbestos exposure 15 years ago at the school that she was
teaching. She states that they were doing construction and everything was covered in white
powder” (Michigan Healthcare Professionals: p. 001). Additionally, her physicians reportedly
“recommend[ed] that she file a claim for a mesothelioma fund seeing as she notes asbestos
exposure 15 years ago at a school” (Clarkston Medical Group: p. 072).
Additional Deponents
Laura Bryant’s Testimony (daughter)
Ms. L. Bryant testified that she was born on December 21, 1986, and indicated that her mother
is Ms. Sherri Bryant (L. Bryant Depo: p. 6‐7, 10‐11). She did not recall if Ms. Bryant used baby
powder on her as a child (L. Bryant Depo: p. 10). She indicated that her son was born on
November 7, 2008 (L. Bryant Depo: p. 10). Ms. L. Bryant recalled that her mother applied baby
powder to her son in after bathing him and and “any time that he was wet. Any time she had to
clean him up. Any time she had to use wet wipes. Any time that he was wet or soiled” (L. Bryant
Depo: p. 13, l. 13‐15, p. 14). She estimated that Ms. Bryant stopped using baby powder on her
son when he was “[m]aybe two” years old or “[w]hen he was potty trained” (L. Bryant Depo: p.
13, l. 21, 23)
Bethany Bryant’s Testimony (daughter)
Ms. B. Bryant testified that she was born on October 15, 1988, and was the daughter of Ms. Sherri
Bryant (B. Bryant Depo: p. 7). She testified that her son was born in 2010 (B. Bryant Depo: p. 9).
She stated that her son visited Ms. Bryant’s home “[v]ery often” or approximately three days per
week (B. Bryant Depo: p. 10, l. 8, p. 14). She explained that Ms. Bryant changed her son’s diapers
“[v]ery often” (B. Bryant Depo: p. 10, l. 18). She indicated that her mother used Johnson &
Johnson baby powder when changing her son’s diapers(B. Bryant Depo: p. 10‐11). She estimated
that her son became potty trained around “[m]aybe two, three” years old, at which point Ms.
Bryant no longer used baby powder on him (B. Bryant Depo: p. 12, l. 21‐22, p. 13).
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Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA
In the matter of Bryant
January 12, 2022
Sara Miller’s Testimony (daughter)
Ms. Sara Miller testified that she was born on June 29, 1991, and was the daughter of Ms. Sherri
Bryant (Miller Depo: p. 7). She recalled that Ms. Bryant changed her two grandsons’ diapers using
Johnson & Johnson baby powder (Miller Depo: p. 9, 11, 13). She stated that Ms. Bryant only used
Johnson & Johnson baby powder on her grandchildren (Miller Depo: p. 9, 13).
Rhonda Weaver’s Testimony (mother)
Ms. Rhonda Weaver testified that she was born on June 21, 1937, and that Ms. Bryant was her
daughter (Weaver Depo: p. 9).
Mark Bryant’s Testimony (husband)
Mr. Mark Bryant testified that he was married to Ms. Sherri Bryant (M. Bryant Depo: p. 10). He
testified that he met Ms. Bryant in 1981 or 1982, and they were married in 1984 (M. Bryant Depo:
p. 41‐42). He testified that he was not aware of her usage of talcum powder products prior to
when he met her (M. Bryant Depo: p. 42‐43). He stated that Ms. Bryant used talcum powder by
Johnson & Johnson, including baby powder (M. Bryant Depo: p. 43). He stated that he was not
able to identify the manufacturers of any other products Ms. Bryant used (M. Bryant Depo: p. 43‐
44).
Ms. Bryant’s Work History
[Occupational exposure to asbestos was not alleged.]
Venus Cleaners, “Grand River and Mark Twain” locations, unreported state
(approximately 1978‐early 1980s [Attachment] or 1978‐1980 [Bryant]) – as a “counter
girl” (Attachment A; Bryant Vol I: p. 131, p. 132, l. 17)
National Bank of Detroit, Detroit, MI (approximately 1980‐1984) – as a bank teller and
working “in their computer room” ‐ (Bryant Vol I: p. 25, l. 22‐23)
NBD Bank, Detroit, MI (approximately 1990s) – (Attachment A)
Various private high schools, various locations in Michigan (1995‐present) – as a
schoolteacher and tech manager “off and on” (Attachment A; Amd. Disc. Brochure;
Bryant Vol I: p. 12, l. 9, p. 27, 30‐33)
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Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA
In the matter of Bryant
January 12, 2022
Ms. Bryant’s Non‐Occupational Exposure Potential
Ms. Bryant recalled that she lived in her childhood home until she was “[t]wenty‐one years” old,
in approximately 1983 (Bryant Vol I: p. 23, l. 24). She did not recall what year the house was built
(Bryant Vol I: p. 24). She stated that renovations were “[n]ever” performed at the home (Bryant
Vol I: p. 24, l. 6). She recalled that the home had insulation in the attic (Bryant Vol I: p. 147).
Talcum Powder Exposure Potential
Ms. Bryant testified that over the course of her lifetime she used talcum powder products
including “Johnson’s Baby Powder products”, “Shower to Shower powder products”, and “some
makeup powder products as well” (Bryant Vol II: p. 15, l. 12‐14).
Application of Powder to Ms. Bryant as an Infant
Ms. Bryant alleged non‐occupational exposure from talcum powder products applied onto her as
an infant and child (Amd. Disc. Brochure). However, in deposition testimony, Ms. Bryant testified
that she did not know whether her mother applied baby powder on her as an infant (Bryant Vol
I: p. 62).
Ms. Weaver stated that she used “Johnson & Johnson Baby Powder” on Ms. Bryant “continuously
for five years” after she was born in 1962 (Weaver Depo: p. 10, l. 13, 20). She explained that she
applied baby powder to her daughter when changing her diaper and after she was two years old
would “shake it on her body”, in her underwear, and in her bed (Weaver Depo: p. 11, p. 12, l. 6,
p. 14). She described that after the five years of daily application to Ms. Bryant, she continued to
apply the powder on her daughter “in the summertime if it was extremely hot in the house” by
“shak[ing] it in her bed to keep her cool and dry” (Weaver Depo: p. 10, l. 23‐25). She also
described that when Ms. Bryant was between the ages of two and six, she applied the powder to
Ms. Bryant in the morning and at night after bathing her (Weaver Depo: p. 29‐30). She testified
that this was the only baby powder she applied to Ms. Bryant (Weaver Depo: p. 15).
Ms. Bryant’s Mother’s (Ms. Weaver’s) Body Powder Self‐Application
Ms. Weaver testified that she used body powder on herself when Ms. Bryant was present
(Weaver Depo: p. 15‐16). Ms. Weaver stated that she “used an Avon product and [she] used
Estee Lauder products” while Ms. Bryant was living in the family home (Weaver Depo: p. 16, l. 7‐
8). She recalled that she used “three” of the Estee Lauder lines, including “Estee … White Linen
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In the matter of Bryant
January 12, 2022
and the Youth Dew, the perfumes and the powders”, from approximately the early 1960s until
the early 1980s (Weaver Depo: p. 16, l. 13‐15, p. 81). She later described that “[a]ll three” Estee
products were “in the house from mid to late ‘60s and all during the ‘70s and during the ‘80s”
(Weaver Depo: p. 50, l. 24 – p. 51, l. 1).
Ms. Weaver noted that she used the three Estee Lauder powders and the Avon Skin So Soft
powder “interchangeably because it would depend when [she] got up in the morning exactly how
[she] felt” (Weaver Depo: p. 20, l. 15‐16). She explained that she applied body powders “at least
five days a week” before going to work, and “sometimes” also used the powder products at night
before going to bed (Weaver Depo: p. 20, l. 7, 9, 15). She later testified that she applied the
powder products “[e]very night or two” (Weaver Depo: p. 81, l. 25). She stated that she used the
four products at “about the same” frequency, and “[m]aybe [used] the Avon a little bit less but
about the same” (Weaver Depo: p. 20, l. 22‐23).
Ms. Weaver recalled that beginning when Ms. Bryant was “five or six” her daughter would
“sometimes be in the bathroom also because [they] might be getting ready at the same time”
when she applied the body powder products (Weaver Depo: p. 21, l. 7, p. 64, l. 18). She described
that one of her daughters (including Ms. Bryant) “would be in [the bathroom] for a few minutes
and then the other one would go in … because we all had to get together and leave at the same
time” (Weaver Depo: p. 64, l. 25 – p. 65, l. 3). She testified that she did not recall how often Ms.
Bryant was present when she applied the powder products (Weaver Depo: p. 63‐64). She testified
that as an infant and toddler Ms. Bryant “was not around these powders at all” (Weaver Depo:
p. 64, l. 20).
Ms. Weaver testified that Ms. Bryant became “responsible for cleaning that bathroom” in the
family home at “around ten” years of age (Weaver Depo: p. 20, p. 21, l. 1, 3). She estimated that
Ms. Bryant performed “a general cleaning” of the bathroom “once a week”, which included
cleaning the tub, mirror, sink, floor, and toilet (Weaver Depo: p. 49, l. 13). She stated that the
home’s bathroom was “very small” with one window that was “[s]ometimes” opened in the
summer months (Weaver Depo: p. 45, l. 17, p. 46, l. 7).
Avon‐Specific Testimony
Ms. Weaver testified that she used Avon “Skin So Soft … the body oil and also the powder” from
approximately the “middle to late 1960’s” through the 1970s, and “[m]aybe to the early ‘80s”
(Weaver Depo: p. 17, l. 10‐11, 18‐19, p. 81, l. 11). She noted that to use the Skin So Soft powder
she would “shake it on [herself]” (Weaver Depo: p. 19, l. 7). She stated that she applied the
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Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA
In the matter of Bryant
January 12, 2022
powder to herself in the bathroom (Weaver Depo: p. 20). She later agreed when asked by counsel
that she sometimes applied Avon powder in her bedroom in addition to the bathroom (Weaver
Depo: p. 44). Ms. Weaver explained that when using Skin So Soft, she applied “a couple shakes,
two, three shakes but not a lot” onto her chest and stomach (Weaver Depo: p. 43, l. 14‐15). She
testified that during application of the Skin So Soft powder “most of it would land on [her] but it
also could land anywhere in that bathroom when [she was] shaking it. It could be airborne”
(Weaver Depo: p. 19, l. 10‐13).
Ms. Weaver described that Skin So Soft powder product came in a “cylinder‐type container”
shaped like “a bottle of water” with a “twist top” (Weaver Depo: p. 17, 15‐16, p. 43, l. 2). She
recalled that the product container was a “light creamy” color “with maybe green on it” and said
Skin So Soft (Weaver Depo: p. 42, l. 19‐20, p. 46‐47). She also testified that she was “sure the
name Avon was on it also, but [she] cannot recall” (Weaver Depo: p. 47, l. 3‐4). She noted that
Skin So Soft was stored either on her bedroom dresser or on a shelf in the bathroom (Weaver
Depo: p. 44‐45).
Ms. Weaver recalled that she purchased Avon products from multiple “Avon ladies” (Weaver
Depo: p. 23, p. 48, l. 5). She did not recall how often she purchased Skin So Soft or how frequently
she finished a container (Weaver Depo: p. 48).
Ms. Bryant’s Application of Powder to Herself
Ms. Bryant testified that she applied powder products to herself from as early as 15 years old to
as late at 1981 (Bryant Vol I: p. 56‐57, 65‐66; Bryant Vol II: p. 16). Ms. Bryant testified that she
used “Johnson & Johnson” products on herself “for many years”, including “Johnson & Johnson
Baby Powder and Johnson & Johnson Shower to Shower Powder” (Bryant Vol I: p. 56, l. 10‐11,
17‐18). She recalled that she used Johnson & Johnson baby powder “[i]n [her] teens” “[a]fter a
nice bath…as part of [her] maintenance routine” or from approximately ages 15 to 18 (Bryant Vol
I: p. 56, l. 22, 24, p. 57, l. 1; Bryant Vol II: p. 16). She recalled that she “would shake powder into
[her] hand and then [she] would apply it to [her] body by hand” (Bryant Vol II: p. 16, l. 15‐16).
She explained that she applied the baby powder to her torso and arms “[o]nce per day” (Bryant
Vol I: p. 57, p. 58, l. 2). She estimated that she applied “two shakes” onto her hands and that it
took “between one and two minutes” to apply the power to her body (Bryant Vol I: p. 223, l. 9;
Bryant Vol II: p. 17, l. 8).
Ms. Bryant explained that as a teenager she applied the baby powder in a “[s]mall bathroom,
nine by nine feet maybe” in her family residence with the door closed (Bryant Vol I: p. 62, p. 63,
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In the matter of Bryant
January 12, 2022
l. 1‐2, p. 64). She stated that the bathroom contained a window that did not open and did not
have a ventilation fan (Bryant Vol I: p. 63). Ms. Bryant described that during this process she
“would see dust in the air” that she breathed and was deposited on the bathroom counter and
floor (Bryant Vol II: p. 17, l. 17, p. 18). She estimated that she performed “major cleanup” in the
bathroom “once a week” with a broom and “[her] mess that [she] made with that powder, daily”
using a towel (Bryant Vol I: p. 57, p. 64, l. 7‐8; Bryant Vol II: p. 18‐19). For her daily clean‐up, she
noted that if her mother “was watching”, she swept the floor instead (Bryant Vol I: p. 64, l. 11).
Ms. Bryant estimated that she “ceased to use the baby powder on [herself]… in the late ‘70s, so
later teens” and “transitioned over to something better, Shower to Shower” (Bryant Vol I: p. 57,
l. 15‐16, 21‐22; Bryant Vol II: p. 35). She testified that she ceased using Johnson & Johnson baby
powder on her body after transitioning to Shower to Shower (Bryant Vol I: p. 67). She estimated
that she used Shower to Shower daily “until about 1980, ’81 at most” (Bryant Vol I: p. 65, p. 66,
l. 7). She recalled that after bathing she would “apply the fresh scenting powder prior to putting
on her clothes” (Bryant Vol II: p. 36, l. 15‐16). She agreed with Counsel that she used Shower to
Shower in the same bathroom and in the same manner on her body (Bryant Vol I: p. 64‐65, 67,
p. 223; Bryant Vol II: p. 36‐37). She additionally indicated that she performed the same cleaning
process following application of Shower to Shower, as was performed following baby powder
application (Bryant Vol I: p. 67; Bryant Vol II: p. 38‐39).
Ms. Bryant additionally testified to using her mother’s Estee Lauder body powder in the late
1960s and early 1970s with her sister and aunt (Bryant Vol I: p. 83‐85; Bryant Vol II: p. 60). Ms.
Bryant recalled using Estee Lauder body powder once a month “[o]n [her] chest and [her] arms
and [she] would spread it over with [her] hands” (Bryant Vol I: p. 85, p. 86, l. 10‐11; Bryant Vol II:
p. 60). Ms. Bryant additionally recalled applying her mother’s Estee Lauder body powder “three
to five times” between approximately 1973 and 1976 (Bryant Vol I: p. 94, l. 11). Ms. Bryant
testified that she was not in her mother’s presence when she applied the Estee Lauder product
(Bryant Vol I: p. 233).
Avon‐Specific Testimony
Ms. Bryant testified that “Skin So Soft” was the only product she associated with Avon (Bryant
Vol I: p. 80, l. 23, p. 81). She described that Skin So Soft was “an oil product that [her] mom used
to kill bugs” (Bryant Vol I: p. 80, p. 81, l. 2). She confirmed when asked by counsel that Skin So
Soft was a clear solution and did not contain powder (Bryant Vol I: p. 82). She testified that she
first used Skin So Soft “[d]uring the ‘60’s” (Bryant Vol I: p. 80, l. 20). She also indicated that her
mother spread the product onto her skin to help repel bugs or mosquitos (Bryant Vol I: p. 81).
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Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA
In the matter of Bryant
January 12, 2022
She recalled that she personally purchased and used Skin So Soft on herself “[l]ater on” in the
“early, mid ‘80s but very sporadically” (Bryant Vol I: p. 81, l. 16, 20). She stated that she did not
recall using any other products associated with Avon (Bryant Vol I: p. 81).
Powder Application to Linens
Ms. Bryant additionally recalled using Johnson & Johnson baby powder once per week “in [her]
bed to refresh the sheets at changing time” from approximately 1975 to 1978 and from 1984 to
1986 (Bryant Vol I: p. 58, l. 4‐5; Bryant Vol II: p. 30‐31). She explained that she “squeeze[d]” the
bottle “three times, at the foot, at the middle and … at the head of the bed”, and estimated that
each squeeze was “double in volume” the amount she used when she shook the powder out
during a diaper change (Bryant Vol II: p. 31, p. 32, l. 1). She estimated that applying the baby
powder to the sheets took “20 seconds” (Bryant Vol I: p. 223, l. 12). She testified to using Johnson
and Johnson Shower to Shower in the same manner and frequency on her bedsheets as the
Johnson & Johnson baby powder, after she switched products (Bryant Vol II: p. 36‐37). In
addition, she recalled that when she visited her aunt’s residence once per month, her aunt
applied Estee Lauder body powder onto the bed in which Ms. Bryant slept (Bryant Vol I: p. 87;
Bryant Vol II: p. 57, 59).
Cosmetic Make up
Ms. Bryant testified that she began wearing cosmetic makeup “in [her] late teens” to present
day, at various times (Bryant Vol I: p. 75, l. 3, p. 76). As a teen she recalled using a variety of
makeup products, including Revlon lipstick and foundation, Coty powder, Mary Kay powder, and
Lancome face powder (Bryant Vol I: p. 75‐76, p. 157, 175‐176, 179‐180; Bryant Vol II: p. 64).
Talcum Powder Application on Ms. Bryant’s Children and Grandchildren
Ms. Bryant testified that she applied “baby powder products on [her] children and … on her
grandchildren” (Bryant Vo II: p. 15, p. 16, l. 2‐4). She testified to using “Johnson’s Baby Powder”
on her three daughters from approximately 1986 to 1993, during diapering and after bathing
(Bryant Vol I: p. 67, p. 68, l. 4, p. 69‐71; Bryant Vol II: p. 20). Ms. Bryant recalled that she stopped
using baby powder on her daughters when they were each approximately two years old (Bryant
Vol I: p. 70‐71; Bryant Vol II: p. 20).
Ms. Bryant testified that her grandsons were born in in 2008 and 2009 (Bryant Vol II: p. 24). She
reported using Johnson’s Baby Powder on her grandchildren (Bryant Vol I: p. 158, p. 227). She
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In the matter of Bryant
January 12, 2022
testified to applying baby powder on her grandsons during diapering, in the same home and in
the same manner as on her daughters (Bryant Vol I: p. 197‐198, 224, 227; Bryant Vol II: p. 28).
My Bryant agreed with Counsel that she did not use Johnson & Johnson Baby Powder on her
grandsons after they were out of diapers in approximately 2012 or 2013 (Bryant Vol I: p. 197,
228; Bryant Vol II: p. 25‐26).
Ms. Bryant’s Father’s Work History
Ms. Bryant testified that her father, Mr. Bennie Grant, worked “at one of the factories in General
Motors for a … very short period of time”; she stated that she did not recall which factory he
worked in (Bryant Vol I: p. 19, l. 17‐18, p. 20). She stated that her father moved out of the family
house prior to when she was one years old, and her parents divorced when she was one years
old (Bryant Vol I: p. 20, 151, 229). Ms. Weaver testified that she separated from Ms. Bryant’s
father, Mr. Bennie Grant, “in the spring” or in January or February of 1965 “before [Ms. Bryant]
turned three” (Weaver Depo: p. 66, l. 17‐18). She testified that when she and Ms. Bryant lived
with Mr. Grant, he worked at a Chevrolet automotive plant in Spring and Bumper (Weaver Depo:
p. 66‐67, 73‐74). She described that he worked in the kitchen and that she “thought he was like
a cook in the kitchen, but [she was] not positive of that” (Weaver Depo: p. 68, l. 4‐5). She also
described that “either he worked in the kitchen or he worked on the assembly line” (Weaver
Depo: p. 68, l. 9‐10).
Ms. Bryant’s Stepfather’s Work History
Ms. Bryant testified that her mother was married to her stepfather, Mr. Carl Weaver, for five or
six years (Bryant Vol I: p. 20‐21, 152). She recalled that her stepfather worked for an automobile
company, but she did not recall which company or what his job was (Bryant Vol I: p. 21).
Ms. Weaver testified that she was married to Mr. Carl Weaver from 1971 to 1980 (Weaver Depo:
p. 68‐69). She stated that she and Ms. Bryant lived with Mr. Weaver during these years (Weaver
Depo: p. 69). She described that during her marriage, Mr. Weaver worked on the assembly line
at the General Motors plant in Ypsilanti (Weaver Depo: p. 69, 74). She described that Mr. Weaver
wore his regular clothes to work, but noted that he did not appear dusty or dirty when he
returned home (Weaver Depo: p. 69‐70).
According to Mr. Carl Weaver’s discovery brochure and answers to interrogatories, Mr. Carl
Weaver was born in 1946, and worked as a welder at the General Motors Hydramatic Plant in
Willow Run, Michigan from 1964 to 1996 (Carl Weaver Int. #1; Carl Weaver Discovery Brochure).
Mr. Carl Weaver was reportedly diagnosed with lung cancer and bilateral interstitial fibrosis due
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Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA
In the matter of Bryant
January 12, 2022
to asbestosis, and passed away on July 26, 2020 (Carl Weaver Int.: Death Certificate, Expert
Report of Dr. Spitz, Chest Radiograph Reading of Dr. Rao).
According to the Expert Report of Dr. Spitz, “Mr. Weaver had direct and indirect exposure to
asbestos on a regular and routine basis throughout his employment career” (Carl Weaver Int.:
Expert Report of Dr. Spitz). According to Mr. Weaver’s discover
Preview
FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM INDEX NO. E2022002698 NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3822332 Book Page CIVIL Return To: No. Pages: 151 KUSH SHUKLA 1040 6th Avenue, Suite 12B Instrument: EXHIBIT(S) New York, NY 10018 Control #: 202404121408 Index #: E2022002698 Date: 04/12/2024 JOHNSON-BRETT, LINDA Time: 2:40:19 PM BRETT, BRADFORD A.O. SMITH CORPORATION., AVON PRODUCTS, INC., BIRD INCORPORATED, BRENNTAG NORTH AMERICA, INC., individually and as successor in interest to MINERAL PIGMENT SOLUTIONS, INC., as successor in interest to WHITTAKER, CLARK & DANIELS, INC., BURNHAM, LLC, individually and as successor to BURNHAM CORPORATION, Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 202404121408 Index # INDEX : E2022002698 NO. E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 EXHIBIT 27 202404121408 IndexNO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 67243435 Jan 18 2022 07:10PM January 12, 2022 Mr. Peter M. Mularczyk Foley & Mansfield 181 W. Huntington Drive, Suite 210 Monrovia, CA 91016 Subject: Expert Report in the matter of Sherri Bryant and Mark Bryant v. Johnson & Johnson, et al. (regarding Avon Products, Inc.) Dear Mr. Mularczyk: I have prepared the attached report in response to the request for my retention in the Bryant matter made on September 28, 2021. The first set of case materials was received for my review on October 13, 2021. It is my understanding that I have been retained by counsel to offer my opinions concerning Ms. Bryant’s potential for exposure to asbestos from consumer use of Avon Skin So Soft talcum powder. My opinions are reflected in the attached report. I have also provided a brief description of my background and areas of expertise relating to this matter, including a discussion of my knowledge and experience in the field of industrial hygiene. Respectfully, Jennifer Sahmel, PhD, CIH, CSP, FAIHA Managing Principal Scientist Attachments 1790 38th street, boulder, colorado 80301 jennifer.sahmel@insightrisk.com 202404121408 IndexNO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA Expert Report in the matter of Sherri Bryant and Mark Bryant v. Johnson & Johnson, et al. (regarding Avon Products, Inc.) Prepared for: Mr. Peter M. Mularczyk Foley & Mansfield 181 W. Huntington Drive, Suite 210 Monrovia, CA 91016 Prepared by: Jennifer Sahmel Insight Exposure and Risk Sciences 1790 38th St., Suite 201 Boulder, CO 80301 January 12, 2022 2 202404121408 IndexNO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA In the matter of Bryant January 12, 2022 I. EXPERIENCE I am a Certified Industrial Hygienist (CIH) [American Board of Industrial Hygiene (ABIH)] and a Certified Safety Professional (CSP) [Board of Certified Safety Professionals (BCSP)] with 25 years of experience in human health exposure, risk assessment, and workplace health and safety. I am also a Fellow of the American Industrial Hygiene Association (FAIHA) and a Research Fellow of the Exposure Science and Sustainability Institute at the University of Minnesota. I have experience in exposure assessment methodologies, the history and state of the science for industrial hygiene over time, health risk decision making, exposure monitoring, and safety management systems. I have conducted chemical‐specific exposure assessments for a wide range of substances, including asbestos, acrylamide, benzene, carbon monoxide, silica, diesel exhaust, solvents, vinyl chloride, phthalates, talc, lead, and cadmium. In my current position, I am a Managing Principal Scientist of Insight Exposure and Risk Sciences. Insight is dedicated to addressing scientifically complex and technical questions related to human health and safety, including exposure and risk assessment. I specialize in the disciplines of industrial hygiene, exposure science, occupational and consumer exposure assessment, and exposure reconstruction. This includes but is not limited to dermal, inhalation, and ingestion exposure potential to agents found in consumer products, the ambient air, industrial materials and other media. My peer‐reviewed publications include an exposure and risk assessment associated with the historical use of cosmetic talcum powder products (Burns et al. 2019), a review of ambient asbestos fiber concentrations and pleural mesothelioma incidence in urban and rural areas in the U.S. (Glynn et al. 2018), and a comprehensive review paper on exposure reconstruction methods for human health risk assessment (Sahmel et al. 2010), as well as a review of the history and evolution of knowledge of industrial hygienists regarding asbestos (Barlow et al. 2017). I have also specifically published on the topics of asbestos bystander and take home exposure potential, fiber settling, and the epidemiology of background exposures (Donovan et al. 2011; Sahmel et al. 2014a; Sahmel et al. 2016; Sahmel et al. 2015a; Glynn et al. 2018). I have published papers addressing the use of industrial hygiene principles, exposure assessment, and exposure reconstruction for vinyl chloride, benzene, carbon monoxide, lead, and a number of other chemicals (Paustenbach et al. 2010; Sahmel et al. 2009b; Williams et al. 2011; Sahmel et al. 2014b; Sahmel et al. 2015c; Avens et al. 2018) I am active in the industrial hygiene scientific community in the United States and internationally, and have served on both International Standards Organization (ISO) and American National 3 202404121408 IndexNO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA In the matter of Bryant January 12, 2022 Standards Institute (ANSI) committees. I was elected to the American Industrial Hygiene Association’s (AIHA’s) Board of Directors for 2014‐2017 and am the current Chair of the AIHA Fellows Special Interest Group. I am also a past Chair of the AIHA’s Exposure Assessment Strategies Committee, and the founder of the committee’s working group on dermal exposure assessment. I am a co‐author for the committee’s text on exposure assessment strategies (Ignacio et al. 2006; Sahmel et al. 2006a; Sahmel et al. 2006b; Sahmel et al. 2015b; Boeniger et al. 2015) and the committee’s occupational exposure mathematical modeling textbook (Keil et al. 2009; Sahmel et al. 2009a). Additionally, I have been an instructor for multiple professional development courses on exposure assessment for the AIHA’s annual conference (AIHCE) for the past nine years, including the topics of exposure assessment strategies, exposure assessment modeling, dermal exposure assessment, and professional judgment in exposure assessment. I was also an instructor for the committee’s Exposure Assessment Symposia in 2003, 2005, and 2009. I have taught classes in exposure and risk assessment at the University of Minnesota, Johns Hopkins University, the University of Illinois at Chicago, and Colorado State University. I have also been invited to give presentations and workshops on exposure assessment for the U.S. EPA, the American Conference of Governmental Hygienists (ACGIH), the International Society for Exposure Science, NASA's annual Occupational Health Conference, the Navy and Marine Corps Public Health Conference, the China‐U.S. Occupational Health Symposium, the National Institute for Occupational Safety and Health (NIOSH), the Colombian Society for Occupational Hygiene, the California Industrial Hygiene Council (CIHC), and multiple local geographic chapters of the AIHA. I am a current Co‐Chair of the NIOSH‐facilitated National Occupational Research Agenda (NORA) Cross‐Sector Council for Immune, Infectious, and Dermal Disease. NORA is a partnership program to stimulate innovative research and improved workplace practices, in which diverse parties collaborate to identify the most critical issues in workplace safety and health and then make progress on those issues through information sharing, collaboration, and enhancing dissemination and implementation of evidence‐based practices. I was also a member of the NIOSH Expert Workgroup on Skin Notations and Dermal Exposure Issues (2005‐2009), which was charged with assisting the agency in updating and expanding the NIOSH skin notations and provided expert guidance to NIOSH on dermal exposure issues. While working in the U.S. EPA’s Office of Pollution Prevention and Toxics (OPPT) in their Chemical Engineering Branch, I reviewed and contributed to occupational health and exposure assessment research and standards for the management of numerous national programs including the Toxics Substances Control Act, the Pollution Prevention program, Green Engineering, Design for the Environment, National Program Chemicals, Voluntary Children’s Chemical Evaluation Program 4 202404121408 IndexNO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA In the matter of Bryant January 12, 2022 (VCCEP), and counter‐terrorism activities. I worked with numerous EPA risk assessment models to evaluate a wide variety of exposure scenarios. My professional education, training, and background are consistent with the topics and areas of scientific study about which I will testify. My curriculum vitae, which presents my background and training, is included as Attachment A to this report. II. MATERIALS REVIEWED IN FORMULATING OPINIONS My opinions are based on my professional qualifications, work experiences, and knowledge of industrial hygiene, exposure assessment, and related fields. My views are also based on information that is related to this case. In the process of preparing this report, I have received and relied upon the following case‐specific documents: 1. Plaintiff’s Complaint, dated February 12, 2021 2. Plaintiff’s Answers to Defendants’ First set of Interrogatories, dated March 23, 2021 3. Plaintiff’s Preliminary Discovery Brochure, dated March 23, 2021 4. Plaintiff’s First Supplemental Preliminary Discovery Brochure, dated June 28, 2021 5. Plaintiff’s Second Supplemental Preliminary Discovery Brochure, dated September 15, 2021 6. Plaintiff’s final Discovery Brochure, dated October 4, 2021 7. Plaintiff’s Amended Final Discovery Brochure, dated October 6, 2021 8. Videoconference Deposition of Sherri Bryant, dated March 30, 2021 9. Videoconference Deposition of Sherri Bryant, dated April 1, 2021 10. Deposition of Bethany Bryant, dated July 2, 2021 11. Deposition of Laura Bryant, dated July 2, 2021 12. Deposition of Sara Miller, dated July 2, 2021 13. Deposition of Rhonda Weaver, dated September 22, 2021 14. Plaintiff’s Responses to Standard Interrogatories in the Carl Weaver Matter, dated March 8, 2021 15. Plaintiff’s Preliminary Discovery Brochure in the Carl Weaver Matter, dated May 6, 2021 16. Carl Weaver Asbestos Trust Claims 17. Expert Report of Alan M. Segrave, dated January 3, 2022 18. Medical Records from Henry Ford Hospital Detroit, Karmanos Cancer Inst, Mich. Healthcare Professionals, and Clarkston Medical Group, Various Dates 19. Deposition Testimony of Ronald Morian, Dated April 26, 2004 20. Deposition Testimony of Rickey Bullis, dated November 17, 2014 5 202404121408 IndexNO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA In the matter of Bryant January 12, 2022 21. Rough Deposition of Mark Bryant, dated January 11, 2022 22. Deposition of Mark Bryant, dated January 11, 2022 Further, I have reviewed and relied upon published papers, reports, regulatory materials and textbooks on industrial hygiene, toxicology, medicine, and standard practices associated with asbestos use available in the open literature. Specific references cited in my opinions are listed at the end of this report, as well as a list of documents that were also reviewed in forming my opinions is provided in Attachment B to this report entitled “General Asbestos Reference List.” My opinions and the basis for these opinions are provided in Sections IV and V of this report. I express these to a reasonable degree of scientific certainty and reserve the right to supplement the report in the event that additional information becomes available. My time spent in the preparation of this opinion letter and reviewing documents to formulate my opinions as well as for any deposition or trial testimony I may be called upon to give will be billed at a rate of $435 per hour. III. CASE‐SPECIFIC INFORMATION General Case Summary Ms. Sherri Anne Bryant was born on March 15, 1962 (Complaint: p. 3; Int. #1; Bryant Vol I: p. 9‐ 10, 13). She was reportedly diagnosed with pleural mesothelioma on November 13, 2020 at the age of 58 (Complaint: p. 3; Int. #39; Exhibit C; Bryant Vol II: p. 14). It was reported that Ms. Bryant was a lifelong non‐smoker (Int. #34; Bryant Vol I: p. 35) According to the amended final discovery brochure, it was alleged that Ms. Bryant was exposed to asbestos‐containing talcum products and cosmetic products from approximately 1962 to 2014 (Amd. Disc. Brochure). Ms. Bryant alleged non‐occupational exposure from talcum powder products applied to her as an infant and child, her personal application of cosmetic and talcum powder products as an adult, her application of talcum power products onto her children and grandchildren, her family member’s use of talcum powder products, and the cleanup following previously mentioned exposures (Amd. Disc. Brochure). It was reported that Ms. Bryant was exposed to Johnson & Johnson, Coty, Estee Lauder, and Avon talcum powder products (Amd. Disc. Brochure). According to her deposition testimony, Ms. Bryant used Johnson & Johnson, Coty, Avon, and Estee Lauder products (Bryant Vol I: p. 56, 75, 80‐81, 83). No occupational exposure was alleged. 6 202404121408 IndexNO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA In the matter of Bryant January 12, 2022 It was noted in Ms. Bryant’s medical records that she had asbestos exposure “potentially in her house when she was a child”, from “asbestos in [her] basement”, or from “basement tile” (Henry Ford Hospital: p. 029, 057; Karmanos Cancer Vol. 1: p. 12). It was noted in other medical records that Ms. Bryant “does admit to asbestos exposure 15 years ago at the school that she was teaching. She states that they were doing construction and everything was covered in white powder” (Michigan Healthcare Professionals: p. 001). Additionally, her physicians reportedly “recommend[ed] that she file a claim for a mesothelioma fund seeing as she notes asbestos exposure 15 years ago at a school” (Clarkston Medical Group: p. 072). Additional Deponents Laura Bryant’s Testimony (daughter) Ms. L. Bryant testified that she was born on December 21, 1986, and indicated that her mother is Ms. Sherri Bryant (L. Bryant Depo: p. 6‐7, 10‐11). She did not recall if Ms. Bryant used baby powder on her as a child (L. Bryant Depo: p. 10). She indicated that her son was born on November 7, 2008 (L. Bryant Depo: p. 10). Ms. L. Bryant recalled that her mother applied baby powder to her son in after bathing him and and “any time that he was wet. Any time she had to clean him up. Any time she had to use wet wipes. Any time that he was wet or soiled” (L. Bryant Depo: p. 13, l. 13‐15, p. 14). She estimated that Ms. Bryant stopped using baby powder on her son when he was “[m]aybe two” years old or “[w]hen he was potty trained” (L. Bryant Depo: p. 13, l. 21, 23) Bethany Bryant’s Testimony (daughter) Ms. B. Bryant testified that she was born on October 15, 1988, and was the daughter of Ms. Sherri Bryant (B. Bryant Depo: p. 7). She testified that her son was born in 2010 (B. Bryant Depo: p. 9). She stated that her son visited Ms. Bryant’s home “[v]ery often” or approximately three days per week (B. Bryant Depo: p. 10, l. 8, p. 14). She explained that Ms. Bryant changed her son’s diapers “[v]ery often” (B. Bryant Depo: p. 10, l. 18). She indicated that her mother used Johnson & Johnson baby powder when changing her son’s diapers(B. Bryant Depo: p. 10‐11). She estimated that her son became potty trained around “[m]aybe two, three” years old, at which point Ms. Bryant no longer used baby powder on him (B. Bryant Depo: p. 12, l. 21‐22, p. 13). 7 202404121408 IndexNO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA In the matter of Bryant January 12, 2022 Sara Miller’s Testimony (daughter) Ms. Sara Miller testified that she was born on June 29, 1991, and was the daughter of Ms. Sherri Bryant (Miller Depo: p. 7). She recalled that Ms. Bryant changed her two grandsons’ diapers using Johnson & Johnson baby powder (Miller Depo: p. 9, 11, 13). She stated that Ms. Bryant only used Johnson & Johnson baby powder on her grandchildren (Miller Depo: p. 9, 13). Rhonda Weaver’s Testimony (mother) Ms. Rhonda Weaver testified that she was born on June 21, 1937, and that Ms. Bryant was her daughter (Weaver Depo: p. 9). Mark Bryant’s Testimony (husband) Mr. Mark Bryant testified that he was married to Ms. Sherri Bryant (M. Bryant Depo: p. 10). He testified that he met Ms. Bryant in 1981 or 1982, and they were married in 1984 (M. Bryant Depo: p. 41‐42). He testified that he was not aware of her usage of talcum powder products prior to when he met her (M. Bryant Depo: p. 42‐43). He stated that Ms. Bryant used talcum powder by Johnson & Johnson, including baby powder (M. Bryant Depo: p. 43). He stated that he was not able to identify the manufacturers of any other products Ms. Bryant used (M. Bryant Depo: p. 43‐ 44). Ms. Bryant’s Work History [Occupational exposure to asbestos was not alleged.] Venus Cleaners, “Grand River and Mark Twain” locations, unreported state (approximately 1978‐early 1980s [Attachment] or 1978‐1980 [Bryant]) – as a “counter girl” (Attachment A; Bryant Vol I: p. 131, p. 132, l. 17) National Bank of Detroit, Detroit, MI (approximately 1980‐1984) – as a bank teller and working “in their computer room” ‐ (Bryant Vol I: p. 25, l. 22‐23) NBD Bank, Detroit, MI (approximately 1990s) – (Attachment A) Various private high schools, various locations in Michigan (1995‐present) – as a schoolteacher and tech manager “off and on” (Attachment A; Amd. Disc. Brochure; Bryant Vol I: p. 12, l. 9, p. 27, 30‐33) 8 202404121408 IndexNO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA In the matter of Bryant January 12, 2022 Ms. Bryant’s Non‐Occupational Exposure Potential Ms. Bryant recalled that she lived in her childhood home until she was “[t]wenty‐one years” old, in approximately 1983 (Bryant Vol I: p. 23, l. 24). She did not recall what year the house was built (Bryant Vol I: p. 24). She stated that renovations were “[n]ever” performed at the home (Bryant Vol I: p. 24, l. 6). She recalled that the home had insulation in the attic (Bryant Vol I: p. 147). Talcum Powder Exposure Potential Ms. Bryant testified that over the course of her lifetime she used talcum powder products including “Johnson’s Baby Powder products”, “Shower to Shower powder products”, and “some makeup powder products as well” (Bryant Vol II: p. 15, l. 12‐14). Application of Powder to Ms. Bryant as an Infant Ms. Bryant alleged non‐occupational exposure from talcum powder products applied onto her as an infant and child (Amd. Disc. Brochure). However, in deposition testimony, Ms. Bryant testified that she did not know whether her mother applied baby powder on her as an infant (Bryant Vol I: p. 62). Ms. Weaver stated that she used “Johnson & Johnson Baby Powder” on Ms. Bryant “continuously for five years” after she was born in 1962 (Weaver Depo: p. 10, l. 13, 20). She explained that she applied baby powder to her daughter when changing her diaper and after she was two years old would “shake it on her body”, in her underwear, and in her bed (Weaver Depo: p. 11, p. 12, l. 6, p. 14). She described that after the five years of daily application to Ms. Bryant, she continued to apply the powder on her daughter “in the summertime if it was extremely hot in the house” by “shak[ing] it in her bed to keep her cool and dry” (Weaver Depo: p. 10, l. 23‐25). She also described that when Ms. Bryant was between the ages of two and six, she applied the powder to Ms. Bryant in the morning and at night after bathing her (Weaver Depo: p. 29‐30). She testified that this was the only baby powder she applied to Ms. Bryant (Weaver Depo: p. 15). Ms. Bryant’s Mother’s (Ms. Weaver’s) Body Powder Self‐Application Ms. Weaver testified that she used body powder on herself when Ms. Bryant was present (Weaver Depo: p. 15‐16). Ms. Weaver stated that she “used an Avon product and [she] used Estee Lauder products” while Ms. Bryant was living in the family home (Weaver Depo: p. 16, l. 7‐ 8). She recalled that she used “three” of the Estee Lauder lines, including “Estee … White Linen 9 202404121408 IndexNO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA In the matter of Bryant January 12, 2022 and the Youth Dew, the perfumes and the powders”, from approximately the early 1960s until the early 1980s (Weaver Depo: p. 16, l. 13‐15, p. 81). She later described that “[a]ll three” Estee products were “in the house from mid to late ‘60s and all during the ‘70s and during the ‘80s” (Weaver Depo: p. 50, l. 24 – p. 51, l. 1). Ms. Weaver noted that she used the three Estee Lauder powders and the Avon Skin So Soft powder “interchangeably because it would depend when [she] got up in the morning exactly how [she] felt” (Weaver Depo: p. 20, l. 15‐16). She explained that she applied body powders “at least five days a week” before going to work, and “sometimes” also used the powder products at night before going to bed (Weaver Depo: p. 20, l. 7, 9, 15). She later testified that she applied the powder products “[e]very night or two” (Weaver Depo: p. 81, l. 25). She stated that she used the four products at “about the same” frequency, and “[m]aybe [used] the Avon a little bit less but about the same” (Weaver Depo: p. 20, l. 22‐23). Ms. Weaver recalled that beginning when Ms. Bryant was “five or six” her daughter would “sometimes be in the bathroom also because [they] might be getting ready at the same time” when she applied the body powder products (Weaver Depo: p. 21, l. 7, p. 64, l. 18). She described that one of her daughters (including Ms. Bryant) “would be in [the bathroom] for a few minutes and then the other one would go in … because we all had to get together and leave at the same time” (Weaver Depo: p. 64, l. 25 – p. 65, l. 3). She testified that she did not recall how often Ms. Bryant was present when she applied the powder products (Weaver Depo: p. 63‐64). She testified that as an infant and toddler Ms. Bryant “was not around these powders at all” (Weaver Depo: p. 64, l. 20). Ms. Weaver testified that Ms. Bryant became “responsible for cleaning that bathroom” in the family home at “around ten” years of age (Weaver Depo: p. 20, p. 21, l. 1, 3). She estimated that Ms. Bryant performed “a general cleaning” of the bathroom “once a week”, which included cleaning the tub, mirror, sink, floor, and toilet (Weaver Depo: p. 49, l. 13). She stated that the home’s bathroom was “very small” with one window that was “[s]ometimes” opened in the summer months (Weaver Depo: p. 45, l. 17, p. 46, l. 7). Avon‐Specific Testimony Ms. Weaver testified that she used Avon “Skin So Soft … the body oil and also the powder” from approximately the “middle to late 1960’s” through the 1970s, and “[m]aybe to the early ‘80s” (Weaver Depo: p. 17, l. 10‐11, 18‐19, p. 81, l. 11). She noted that to use the Skin So Soft powder she would “shake it on [herself]” (Weaver Depo: p. 19, l. 7). She stated that she applied the 10 202404121408 IndexNO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA In the matter of Bryant January 12, 2022 powder to herself in the bathroom (Weaver Depo: p. 20). She later agreed when asked by counsel that she sometimes applied Avon powder in her bedroom in addition to the bathroom (Weaver Depo: p. 44). Ms. Weaver explained that when using Skin So Soft, she applied “a couple shakes, two, three shakes but not a lot” onto her chest and stomach (Weaver Depo: p. 43, l. 14‐15). She testified that during application of the Skin So Soft powder “most of it would land on [her] but it also could land anywhere in that bathroom when [she was] shaking it. It could be airborne” (Weaver Depo: p. 19, l. 10‐13). Ms. Weaver described that Skin So Soft powder product came in a “cylinder‐type container” shaped like “a bottle of water” with a “twist top” (Weaver Depo: p. 17, 15‐16, p. 43, l. 2). She recalled that the product container was a “light creamy” color “with maybe green on it” and said Skin So Soft (Weaver Depo: p. 42, l. 19‐20, p. 46‐47). She also testified that she was “sure the name Avon was on it also, but [she] cannot recall” (Weaver Depo: p. 47, l. 3‐4). She noted that Skin So Soft was stored either on her bedroom dresser or on a shelf in the bathroom (Weaver Depo: p. 44‐45). Ms. Weaver recalled that she purchased Avon products from multiple “Avon ladies” (Weaver Depo: p. 23, p. 48, l. 5). She did not recall how often she purchased Skin So Soft or how frequently she finished a container (Weaver Depo: p. 48). Ms. Bryant’s Application of Powder to Herself Ms. Bryant testified that she applied powder products to herself from as early as 15 years old to as late at 1981 (Bryant Vol I: p. 56‐57, 65‐66; Bryant Vol II: p. 16). Ms. Bryant testified that she used “Johnson & Johnson” products on herself “for many years”, including “Johnson & Johnson Baby Powder and Johnson & Johnson Shower to Shower Powder” (Bryant Vol I: p. 56, l. 10‐11, 17‐18). She recalled that she used Johnson & Johnson baby powder “[i]n [her] teens” “[a]fter a nice bath…as part of [her] maintenance routine” or from approximately ages 15 to 18 (Bryant Vol I: p. 56, l. 22, 24, p. 57, l. 1; Bryant Vol II: p. 16). She recalled that she “would shake powder into [her] hand and then [she] would apply it to [her] body by hand” (Bryant Vol II: p. 16, l. 15‐16). She explained that she applied the baby powder to her torso and arms “[o]nce per day” (Bryant Vol I: p. 57, p. 58, l. 2). She estimated that she applied “two shakes” onto her hands and that it took “between one and two minutes” to apply the power to her body (Bryant Vol I: p. 223, l. 9; Bryant Vol II: p. 17, l. 8). Ms. Bryant explained that as a teenager she applied the baby powder in a “[s]mall bathroom, nine by nine feet maybe” in her family residence with the door closed (Bryant Vol I: p. 62, p. 63, 11 202404121408 IndexNO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA In the matter of Bryant January 12, 2022 l. 1‐2, p. 64). She stated that the bathroom contained a window that did not open and did not have a ventilation fan (Bryant Vol I: p. 63). Ms. Bryant described that during this process she “would see dust in the air” that she breathed and was deposited on the bathroom counter and floor (Bryant Vol II: p. 17, l. 17, p. 18). She estimated that she performed “major cleanup” in the bathroom “once a week” with a broom and “[her] mess that [she] made with that powder, daily” using a towel (Bryant Vol I: p. 57, p. 64, l. 7‐8; Bryant Vol II: p. 18‐19). For her daily clean‐up, she noted that if her mother “was watching”, she swept the floor instead (Bryant Vol I: p. 64, l. 11). Ms. Bryant estimated that she “ceased to use the baby powder on [herself]… in the late ‘70s, so later teens” and “transitioned over to something better, Shower to Shower” (Bryant Vol I: p. 57, l. 15‐16, 21‐22; Bryant Vol II: p. 35). She testified that she ceased using Johnson & Johnson baby powder on her body after transitioning to Shower to Shower (Bryant Vol I: p. 67). She estimated that she used Shower to Shower daily “until about 1980, ’81 at most” (Bryant Vol I: p. 65, p. 66, l. 7). She recalled that after bathing she would “apply the fresh scenting powder prior to putting on her clothes” (Bryant Vol II: p. 36, l. 15‐16). She agreed with Counsel that she used Shower to Shower in the same bathroom and in the same manner on her body (Bryant Vol I: p. 64‐65, 67, p. 223; Bryant Vol II: p. 36‐37). She additionally indicated that she performed the same cleaning process following application of Shower to Shower, as was performed following baby powder application (Bryant Vol I: p. 67; Bryant Vol II: p. 38‐39). Ms. Bryant additionally testified to using her mother’s Estee Lauder body powder in the late 1960s and early 1970s with her sister and aunt (Bryant Vol I: p. 83‐85; Bryant Vol II: p. 60). Ms. Bryant recalled using Estee Lauder body powder once a month “[o]n [her] chest and [her] arms and [she] would spread it over with [her] hands” (Bryant Vol I: p. 85, p. 86, l. 10‐11; Bryant Vol II: p. 60). Ms. Bryant additionally recalled applying her mother’s Estee Lauder body powder “three to five times” between approximately 1973 and 1976 (Bryant Vol I: p. 94, l. 11). Ms. Bryant testified that she was not in her mother’s presence when she applied the Estee Lauder product (Bryant Vol I: p. 233). Avon‐Specific Testimony Ms. Bryant testified that “Skin So Soft” was the only product she associated with Avon (Bryant Vol I: p. 80, l. 23, p. 81). She described that Skin So Soft was “an oil product that [her] mom used to kill bugs” (Bryant Vol I: p. 80, p. 81, l. 2). She confirmed when asked by counsel that Skin So Soft was a clear solution and did not contain powder (Bryant Vol I: p. 82). She testified that she first used Skin So Soft “[d]uring the ‘60’s” (Bryant Vol I: p. 80, l. 20). She also indicated that her mother spread the product onto her skin to help repel bugs or mosquitos (Bryant Vol I: p. 81). 12 202404121408 IndexNO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA In the matter of Bryant January 12, 2022 She recalled that she personally purchased and used Skin So Soft on herself “[l]ater on” in the “early, mid ‘80s but very sporadically” (Bryant Vol I: p. 81, l. 16, 20). She stated that she did not recall using any other products associated with Avon (Bryant Vol I: p. 81). Powder Application to Linens Ms. Bryant additionally recalled using Johnson & Johnson baby powder once per week “in [her] bed to refresh the sheets at changing time” from approximately 1975 to 1978 and from 1984 to 1986 (Bryant Vol I: p. 58, l. 4‐5; Bryant Vol II: p. 30‐31). She explained that she “squeeze[d]” the bottle “three times, at the foot, at the middle and … at the head of the bed”, and estimated that each squeeze was “double in volume” the amount she used when she shook the powder out during a diaper change (Bryant Vol II: p. 31, p. 32, l. 1). She estimated that applying the baby powder to the sheets took “20 seconds” (Bryant Vol I: p. 223, l. 12). She testified to using Johnson and Johnson Shower to Shower in the same manner and frequency on her bedsheets as the Johnson & Johnson baby powder, after she switched products (Bryant Vol II: p. 36‐37). In addition, she recalled that when she visited her aunt’s residence once per month, her aunt applied Estee Lauder body powder onto the bed in which Ms. Bryant slept (Bryant Vol I: p. 87; Bryant Vol II: p. 57, 59). Cosmetic Make up Ms. Bryant testified that she began wearing cosmetic makeup “in [her] late teens” to present day, at various times (Bryant Vol I: p. 75, l. 3, p. 76). As a teen she recalled using a variety of makeup products, including Revlon lipstick and foundation, Coty powder, Mary Kay powder, and Lancome face powder (Bryant Vol I: p. 75‐76, p. 157, 175‐176, 179‐180; Bryant Vol II: p. 64). Talcum Powder Application on Ms. Bryant’s Children and Grandchildren Ms. Bryant testified that she applied “baby powder products on [her] children and … on her grandchildren” (Bryant Vo II: p. 15, p. 16, l. 2‐4). She testified to using “Johnson’s Baby Powder” on her three daughters from approximately 1986 to 1993, during diapering and after bathing (Bryant Vol I: p. 67, p. 68, l. 4, p. 69‐71; Bryant Vol II: p. 20). Ms. Bryant recalled that she stopped using baby powder on her daughters when they were each approximately two years old (Bryant Vol I: p. 70‐71; Bryant Vol II: p. 20). Ms. Bryant testified that her grandsons were born in in 2008 and 2009 (Bryant Vol II: p. 24). She reported using Johnson’s Baby Powder on her grandchildren (Bryant Vol I: p. 158, p. 227). She 13 202404121408 IndexNO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA In the matter of Bryant January 12, 2022 testified to applying baby powder on her grandsons during diapering, in the same home and in the same manner as on her daughters (Bryant Vol I: p. 197‐198, 224, 227; Bryant Vol II: p. 28). My Bryant agreed with Counsel that she did not use Johnson & Johnson Baby Powder on her grandsons after they were out of diapers in approximately 2012 or 2013 (Bryant Vol I: p. 197, 228; Bryant Vol II: p. 25‐26). Ms. Bryant’s Father’s Work History Ms. Bryant testified that her father, Mr. Bennie Grant, worked “at one of the factories in General Motors for a … very short period of time”; she stated that she did not recall which factory he worked in (Bryant Vol I: p. 19, l. 17‐18, p. 20). She stated that her father moved out of the family house prior to when she was one years old, and her parents divorced when she was one years old (Bryant Vol I: p. 20, 151, 229). Ms. Weaver testified that she separated from Ms. Bryant’s father, Mr. Bennie Grant, “in the spring” or in January or February of 1965 “before [Ms. Bryant] turned three” (Weaver Depo: p. 66, l. 17‐18). She testified that when she and Ms. Bryant lived with Mr. Grant, he worked at a Chevrolet automotive plant in Spring and Bumper (Weaver Depo: p. 66‐67, 73‐74). She described that he worked in the kitchen and that she “thought he was like a cook in the kitchen, but [she was] not positive of that” (Weaver Depo: p. 68, l. 4‐5). She also described that “either he worked in the kitchen or he worked on the assembly line” (Weaver Depo: p. 68, l. 9‐10). Ms. Bryant’s Stepfather’s Work History Ms. Bryant testified that her mother was married to her stepfather, Mr. Carl Weaver, for five or six years (Bryant Vol I: p. 20‐21, 152). She recalled that her stepfather worked for an automobile company, but she did not recall which company or what his job was (Bryant Vol I: p. 21). Ms. Weaver testified that she was married to Mr. Carl Weaver from 1971 to 1980 (Weaver Depo: p. 68‐69). She stated that she and Ms. Bryant lived with Mr. Weaver during these years (Weaver Depo: p. 69). She described that during her marriage, Mr. Weaver worked on the assembly line at the General Motors plant in Ypsilanti (Weaver Depo: p. 69, 74). She described that Mr. Weaver wore his regular clothes to work, but noted that he did not appear dusty or dirty when he returned home (Weaver Depo: p. 69‐70). According to Mr. Carl Weaver’s discovery brochure and answers to interrogatories, Mr. Carl Weaver was born in 1946, and worked as a welder at the General Motors Hydramatic Plant in Willow Run, Michigan from 1964 to 1996 (Carl Weaver Int. #1; Carl Weaver Discovery Brochure). Mr. Carl Weaver was reportedly diagnosed with lung cancer and bilateral interstitial fibrosis due 14 202404121408 IndexNO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 04/12/2024 02:31 PM NYSCEF DOC. NO. 748 RECEIVED NYSCEF: 04/12/2024 Expert Report of Jennifer Sahmel, PhD, CIH, CSP, FAIHA In the matter of Bryant January 12, 2022 to asbestosis, and passed away on July 26, 2020 (Carl Weaver Int.: Death Certificate, Expert Report of Dr. Spitz, Chest Radiograph Reading of Dr. Rao). According to the Expert Report of Dr. Spitz, “Mr. Weaver had direct and indirect exposure to asbestos on a regular and routine basis throughout his employment career” (Carl Weaver Int.: Expert Report of Dr. Spitz). According to Mr. Weaver’s discover