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Exhibit D From: Kennedy C 11/28/2018 Case Number: AC 17-0694 Exhibit D From: Kennedy C. Ramos To: "Allan McGarvey"; "Dustin Leftridge" Cc: Edward Longosz ([email protected]); ([email protected]) Subject: Dr. Sicilia Date: Wednesday, November 28, 2018 5:24:02 PM Attachments: ZURICH-HUTT - SICILIA EXPERT REPORT HUTT (11-20-2018) (N0307325xA35AA).pdf Allan and Dustin, Plaintiff is aware of Dr. Sicilia’s general opinions as they relate to the use of, requirements surrounding, and dissemination of information about asbestos in twentieth century America. We have provided multiple dates for Dr. Sicilia’s deposition, including November 6, 13, 15, and 16. Those dates have passed and we have still not heard from Plaintiff whether Plaintiff intends to depose him. Since there has been no response to the deposition dates, and after recently deposing plaintiff’s experts, Dr. Spear and Dr. Hart, Dr. Sicilia’s opinions are reflected in the attached report, with a supplement to follow if necessary when Dr. Hart’s deposition is received. We are providing this report in lieu of the deposition such that Plaintiff will adequately have a complete understanding of the opinions that Dr. Sicilia intends to provide at trial. As before, he remains available for deposition. Please let us know if you would like us to obtain additional dates. Regards, Kennedy C. Ramos, Esq. | Associate **Admitted in Alabama, Virginia and DC ECKERT SEAMANS CHERIN & MELLOTT, LLC 1717 Pennsylvania Avenue, N.W. • 12th Floor • Washington, DC 20006 (202) 659.6675 [email protected] eckertseamans.com Expert Report of David B. Sicilia November 20, 2018 I am an Associate Professor of History and hold the Henry Kaufman Chair of Financial History at the University of Maryland, College Park, MD. My areas of specialization include business, economic and technology history and modern U.S. history. I was awarded a Ph.D. in history from Brandeis University in 1991, and have taught at the University of Maryland since 1994. My curriculum vitae is attached for further reference. This report summarizes my research and opinions – based on my background and training and on extensive topic‐specific research – about: 1) the use of asbestos in twentieth century America; 2) local, state and federal requirements for the use of asbestos‐containing materials; 3) medical and scientific, governmental, and labor union research on the potential health effects of asbestos; and 4) dissemination of information about the uses and potential health effects of asbestos through newspapers, periodicals, specialized non‐medical journals, and broadcast media. In researching these matters, I utilized (in addition to my background and training) libraries, archives, and electronic finding aids and databases that hold articles from newspapers, general periodical literature, books, and government sources, and from the trades and industries that used asbestos. I was able to locate and review, among other sources, approximately 82,000 documents from these sources. The main categories of documents are: books, newspapers, government documents, industry codes and regulations, industry trade journals, medical literature, magazine articles, and union documents. If I were to produce an itemized list of these documents with approximately 20 citations per page, the index alone would be about 5,000 pages long. In the newspapers, government documents, union records, and periodicals (both industry trade journals and popular magazine articles) I retrieved a pdf copy of every item in which the word asbestos appeared. I then reviewed each of these items in order to determine whether health effects from asbestos production, distribution, or use were published or publicized in any manner, and if so, how. In order to insure the materials I had retrieved were properly categorized, I conducted several reviews of the entire data set by querying search terms such as asbestosis, health, hazard, dust, illness, lung, cancer, and mesothelioma, among others. Using these methods and by reading each article for context, I am able to conclude that I have determined the degree to which health concerns relating to the use of asbestos products were publicized to the American public and to several relevant subgroups. This methodology allowed me to reach the conclusions expressed below within a reasonable 1 degree of historical and scientific certainty as to what was known or reasonably knowable by industry, governments, unions, and – especially – the general public about asbestos in the United States in the twentieth century. It is also worth noting that the methods and research described above are substantially different from the methodologies used by some individuals whose reports and research I have reviewed as part of my efforts. Specifically, major shortcomings of their research and reports include: relying heavily or exclusively on materials published for a small segment of the medical community; failing to employ currently available search tools to determine whether medical research reached industry or the general public; and failing to determine the degree to which newspapers, magazines, and other mass media delivered contrary non‐health‐related messages or their proportion to health‐related messages concerning asbestos. 1. Between 1900 and 1980, asbestos was widely used in thousands of commercial and military applications in the United States, where it was highly regarded for its fire prevention, insulation, and durability properties. Federal, state, and local governments continued to require or recommend asbestos in building and fire codes and other applications throughout this period. By 1900, asbestos had for decades enjoyed a reputation as a “miracle” material, especially for its heat and chemical resistant properties. As the U.S. economy industrialized, technicians discovered more and more special and useful properties of asbestos. Asbestos was used as an insulator against heat, cold, moisture, and electricity. It was also prized because it is inert when exposed to chemicals, including acids. Because it bonds easily with many other materials, asbestos was used widely for fire prevention – in roofing, siding, flooring, and other construction materials (often in combination with vinyl or cement). It was widely used in theater curtains and fire doors in public venues, and was credited with saving thousands of lives a year.1 With the emergence of the automobile industry in the early twentieth century, asbestos was used for car and truck brake linings, clutch facings, and gaskets. As an insulator, asbestos often was used in high temperature applications powered by furnaces and boilers, and to insulate chimneys, pipes, and electric and marine equipment. During the Second World War, the U.S. Navy used asbestos liberally in ship construction. Local, state, and federal authorities required the use of asbestos in many construction 1 For a comprehensive treatment of the evidence focusing on fire prevention but also hundreds of other asbestos applications, see Rachael Maines, Asbestos and Fire: Technological Trade‐Offs and the Body at Risk (New Brunswick: Rutgers University Press, 2005), esp. pp. 173‐9 (Appendix A: Some Asbestos End‐Uses in the United States, 1850‐1990. See also “Asbestos Long Identified with Magic and Mystery,” New York Times (May 8, 1927), p. X‐14. 2 applications for residential, commercial, and industrial facilities including homes, schools, hospitals, offices, stores, theaters, and factories.2 By the 1950s, asbestos was used in approximately 3,000 applications and sprayed asbestos (commercialized in the 1930s) was gaining widespread use as a fast and economical way to insulate steel beams in buildings and other structural components.3 In the 1960s, the mining, milling, and manufacturing of asbestos continued on an increasing trajectory, with new applications introduced each year.4 Local, state, and federal governments continued to specify asbestos in many building codes and for some military applications. Asbestos was recommended, for example, as a durable fireproof material for medical schools.5 Public schools were commonly insulated and fireproofed with asbestos, and asbestos composites (such as vinyl‐asbestos) were a staple in home construction for interior flooring and exterior shingles. 2. Medical, government, and labor union research on the potential health effects of asbestos did not reach the general American public to any significant degree until the 1970s. 2.a Medical Research and Knowledge. Early in the twentieth century, a small number of medical researchers in Great Britain, Germany, France, and Canada began to document what appeared to be asbestos‐related illnesses among asbestos textile factory workers with heavy 2 Examples are: New York State, State Building Code Commission, Code Manual for the State Building Construction Code (June 1, 1954); American Society for Testing Materials, ASTM Standards in Building Codes (Philadelphia, April 1955); National Board of Fire Underwriters, National Building Code (New York, 1955); U.S. Department of Health, Education, and Welfare, Public Health Service, General Hospital Planning and Design [PHS pub. 930‐G‐6] (Washington, D.C., Jan. 1963. 3 See Plant Management and Engineering, “Sprayed Asbestos on Building Columns … Cuts Fire Insurance Premiums $9,000 Annually” Dec. 1960): 43. 4 See The Economist, “Changing Face of Asbestos” (Nov. 4, 1961): 477‐8; Modern Plastics, “Nylon + Asbestos + Strength” (June 1964): 94‐5; The Oil and Gas Journal, “Water‐Asbestos Drilling Fluid Saves
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