Bell v. Foster Wheeler Energy Corporation, et alMOTION for Summary JudgmentE.D. La.August 17, 2016 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA WILLIAM C. BELL * CASE NO. 15-6394 Plaintiff * * vs. * JUDGE: Lance M. Africk * FOSTER WHEELER ENERGY * CORPORATION, et al. * MAGISTRATE: Daniel E. Knowles, III Defendants * * ****************************************************************************** IMO INDUSTRIES, INC.’S MOTION FOR SUMMARY JUDGMENT NOW INTO COURT, through undersigned counsel, comes Defendant, IMO Industries, Inc. (“IMO”), and respectfully moves this Honorable Court for entry of summary judgment, pursuant to Fed. R. Civ. Pro. 56, dismissing all of Plaintiffs’ claims against IMO, with prejudice and at Plaintiffs’ costs. At more fully set forth in the accompanying Memorandum in Support and Statement of Uncontested Facts, IMO is entitled to summary judgment because there are no genuine issues of material fact as to the following essential elements of Plaintiffs’ claims: 1. Plaintiffs cannot meet their burden of proving Decedent sustained any exposure to asbestos resulting from work on Warren pumps; 2. Plaintiffs cannot meet their burden of proving that work on IMO equipment resulted in asbestos exposures that were a substantial factor in causing Decedent’s mesothelioma; and Case 2:15-cv-06394-LMA-DEK Document 229 Filed 08/17/16 Page 1 of 3 2 3. IMO manufactured its pumps per strict military specifications and, thus, IMO is entitled to Government Contractor Immunity barring the claims asserted by Plaintiffs.1 Each of these grounds is sufficient for the granting of summary judgment and dismissal of Plaintiffs’ claims against IMO. Proof of both actual exposure and specific causation are each essential elements of Plaintiffs’ claims.2 Immunity is a complete bar to Plaintiffs’ claims.3 By reference, IMO hereby incorporates the entirety of its Memorandum in Support, its Statement of Uncontested Facts, and the supporting evidence into this Motion and further incorporates the arguments and evidence of any other Defendants’ Motions for Summary Judgment to the extent consistent herewith. WHEREFORE, IMO respectfully prays that this Motion for Summary Judgment be deemed good and sufficient and, after due proceedings are had, that judgment be granted, dismissing all claims of Plaintiffs, John Bell and Vicky Campos, in all capacities in which they are joined, against IMO Industries, Inc., with prejudice and at Plaintiffs’ costs. 1 Fed. R. Civ. Pro. 56 (West 2016). 2 See, e.g., Vedros v. Northrop Grumman Shipbuilding, Inc., 2014 WL 1093678 (E.D. La. 3/14/2014), attached as Exhibit 1. 3 See, e.g., Stout v. Borg-Warner Corp., 933 F.2d 331, 337 (5th Cir. 6/13/1991) (“In sum, because the Army approved reasonably precise specifications, because the air conditioning unit indisputably conformed to those specifications, and because the Army had knowledge of the risk involved in repairing the unit in the manner which resulted in Stout’s injuries, the district court’s summary judgment award holding that Fairchild was entitled to immunity under the government contractor defense was not erroneous.”) Case 2:15-cv-06394-LMA-DEK Document 229 Filed 08/17/16 Page 2 of 3 3 Respectfully submitted: KUCHLER POLK SCHELL WEINER & RICHESON, LLC /s/Joseph H. Hart, IV LEIGH ANN SCHELL (#19811) JOSEPH H. HART, IV (#21434) THOMAS A. PORTEOUS (#27039) LORI A. WATERS (#29636) MAGALI A. PUENTE (#27279) 1615 Poydras Street, Suite 1300 New Orleans, Louisiana 70112 Telephone: (504)-592-0691 Facsimile: (504)-592-0696 Email: lschell@kuchlerpolk.com jhart@kuchlerpolk.com tporteous@kuchlerpolk.com lwaters@kuchlerpolk.com mpuente@kuchlerpolk.com Counsel for IMO Industries, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have on this 15th day of August, 2016, served the foregoing on all counsel of record via the EDLa’s ECF system. /s/Joseph H. Hart, IV JOSEPH H. HART, IV Case 2:15-cv-06394-LMA-DEK Document 229 Filed 08/17/16 Page 3 of 3 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA WILLIAM C. BELL * CASE NO. 15-6394 Plaintiff * * vs. * JUDGE: Lance M. Africk * FOSTER WHEELER ENERGY * CORPORATION, et al. * MAGISTRATE: Daniel E. Knowles, III Defendants * * ****************************************************************************** MEMORANDUM IN SUPPORT OF IMO INDUSTRIES, INC.’S MOTION FOR SUMMARY JUDGMENT MAY IT PLEASE THE COURT: I. INTRODUCTION For the reasons set forth more fully below, IMO Industries, Inc. (“IMO”) respectfully moves for summary judgment on the following grounds on which there are no genuine issues of material fact: 1. Plaintiffs cannot meet their burden of proving Decedent sustained any exposure to asbestos resulting from work on or around IMO pumps, and therefore, Plaintiffs cannot meet their burden of proving that work on IMO pumps resulted in asbestos exposures that were a substantial factor in causing Decedent’s mesothelioma; 2. IMO manufactured its pumps per strict military specifications and, thus, IMO is entitled to Government Contractor Immunity barring the claims asserted by Plaintiffs; and Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 1 of 24 2 3. Mr. Bell’s employer, the United States Navy, was a sophisticated user of asbestos, aware of the potential inherent hazards of asbestos, and therefore any warning by IMO was unnecessary.1 Each of these grounds is sufficient for the granting of summary judgment and dismissal of Plaintiffs’ claims against IMO. Proof of both actual exposure and specific causation are each essential elements of Plaintiffs’ claims.2 The government contractor defense and the sophisticated user defense are complete bars to Plaintiffs’ claims.3 By reference, IMO hereby incorporates the entirety of its Statement of Uncontested Facts and supporting evidence into this Memorandum and further incorporates the arguments and evidence of any other Defendants’ Motions for Summary Judgment to the extent consistent herewith. II. SUMMARY OF THE CASE Decedent, William Bell, filed this action alleging he contracted mesothelioma resulting from exposure to asbestos while serving in the United States Navy from 1960 through 1968.4 His deposition testimony revealed that he actually alleges asbestos exposure for the lesser period of 1962 through 1968 while serving on four ships-the USS Noble, USS Grapple, USS Bainbridge, and USS Samuel N. Moore-and during training at the Naval Reactor Testing Center 1 Fed. R. Civ. Pro. 56 (West 2016). 2 See, e.g., Vedros v. Northrop Grumman Shipbuilding, Inc., 2014 WL 1093678 (E.D. La. 3/14/2014), attached as Exhibit 1. 3 See, e.g., Stout v. Borg-Warner Corp., 933 F.2d 331, 337 (5th Cir. 6/13/1991) (“In sum, because the Army approved reasonably precise specifications, because the air conditioning unit indisputably conformed to those specifications, and because the Army had knowledge of the risk involved in repairing the unit in the manner which resulted in Stout’s injuries, the district court’s summary judgment award holding that Fairchild was entitled to immunity under the government contractor defense was not erroneous.”); 4 William Bell’s original Petition for Damages, filed in state court and removed to this court, Rec.Doc. 1-1, p. 4, ¶3. Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 2 of 24 3 in Idaho Falls, Idaho.5 Mr. Bell joined Westinghouse as the operator of the NRTC and joined Westinghouse and various other Defendants, including IMO, as manufacturers/suppliers of alleged asbestos-containing equipment used on certain of the four vessels on which he served.6 Mr. Bell testified that he could not recall any specific work performed by him, or performed by others in his vicinity, and could provide no specific testimony other than his recollection that IMO pumps-along with other brands of pumps-were on some of the ships on which he served and that he worked on pumps as part of his general duties.7 Decedent could not testify regarding the number of IMO pumps on any ships on which he served,8 nor could he provide substantive testimony regarding the frequency, duration, or proximity of any work on IMO pumps that he alleged to have contributed to his mesothelioma.9 Mr. Bell died on February 24, 2016.10 His personal representative, Vicky G. Campos, and his brother, John Bell, substituted as party plaintiffs and asserted an additional claim for wrongful death.11 Plaintiffs have neither identified, nor offered for deposition, any fact witness other than Decedent to provide testimony at trial as to work performed by or around Mr. Bell while he served in the Navy. 5 Perpetuation Deposition of William Bell, p. 16, lines 7-11; p. 16, line 19 - p. 19, line 7, attached as Exhibit 2; Discovery Deposition of William Bell, p. 13, lines 9-16; p. 22, lines 2-7, attached as Exhibit 3. 6 William Bell’s original Petition for Damages, Rec.Doc. 1-1, generally. 7 Discovery Deposition of William Bell, p. 229, lines 3-16 & p. 232, line 19 - p. 233, line 19, attached as Exhibit 3. 8 Id. at p. 241, lines 16-18. 9 Id.at p. 242, lines 13-21. 10 Plaintiffs’ Third Supplemental and Amending Complaint, p. 2, ¶3, Rec.Doc. 111. 11 Id. The claims asserted by John Bell, individual claims asserted by Vicky Campos, and all claims for non-pecuniary wrongful death damages are the subjects of a separate Motion for Partial Summary Judgment filed contemporaneously herewith. Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 3 of 24 4 Plaintiffs have retained Drs. Richard Kradin and Stephen Terry Kraus to provide expert medical testimony regarding specific causation at trial.12 Both doctors rely on the “every exposure” theory that has been previously rejected by this and many other Courts.13 Neither doctor can offer any quantitative exposure testimony14 and neither doctor knows how many times Mr. Bell may have been around work on IMO pumps, how close he was to any such work, what work was performed, how long the work lasted, the concentration of any asbestos that may have been in the air, or the background concentration of asbestos in the air at the time.15 In fact, neither expert offers any causation opinions specific to IMO in their respective reports.16 Rather, Plaintiffs’ medical experts reach their conclusions on specific causation by opining that (1) Mr. Bell’s cumulative exposure to asbestos caused his mesothelioma,17 (2) medical science has not demonstrated a safe threshold dose of asbestos,18 and (3) therefore, every exposure above background sustained by Mr. Bell contributed to his cumulative exposure to asbestos.19 Despite the lack of evidence of proximity, duration, intensity, or frequency of any particular exposure or cumulative exposures to any Defendant’s products, they assume exposure above background. As this Court and others have held in prior cases and as further addressed 12 Plaintiffs’ Expert Disclosures, too voluminous to attach. 13 Report of Richard Kradin, M.D., generally, attached as Exhibit 4; Report of Stephen Terry Kraus, generally, attached as Exhibit 5; see, e.g., Comardelle v. Pennsylvania General Insurance Co., 76 F.Supp.3d 628 (E.D.La. 1/5/2015) & Vedros v. Northrup Grumman Shipbuilding, Inc., 119 F.Supp.3d 556 (E.D.La. 8/4/2015) and cases cited in each. 14 Report of Richard Kradin, M.D., generally, attached as Exhibit 4; Report of Stephen Terry Kraus, generally, attached as Exhibit 5. 15 Id. 16 Id. 17 Report of Richard Kradin, M.D., p. 18, attached as Exhibit 4; Deposition of Stephen Terry Kraus, M.D., p. 99, lines 3-14, attached as Exhibit 6. 18 Report of Richard Kradin, M.D., p. 6, attached as Exhibit 4; Deposition of Stephen Terry Kraus, M.D., p. 126, lines 14-25, attached as Exhibit 6. 19 Report of Richard Kradin, M.D., p. 10, attached as Exhibit 4; Deposition of Stephen Terry Kraus, M.D., p. 99, lines 3-14, attached as Exhibit 6. Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 4 of 24 5 below, this methodology is unreliable and conclusions based on this methodology are inadmissible to prove specific causation against IMO. III. SUMMARY JUDGMENT STANDARD “[S]ummary judgment is proper when, viewed in the light most favorable to the non- moving party, ‘the pleadings depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact.’”20 Should the moving party carry its burden of showing the absence of a genuine issue of material fact, the burden shifts to the party opposing the motion to demonstrate through affidavits or other competent evidence that a genuine issue of material fact exists for trial.21 “Mere allegations or affidavits setting forth ultimate or conclusory facts and conclusions of law are not enough.”22 A non-movant will not avoid summary judgment by presenting “speculation, improbable inferences, or unsubstantiated assertions.”23 IV. ARGUMENT a. Plaintiffs Have Failed to Show That Exposure to Asbestos From an IMO Pump Was a Substantial Factor in the Development of His Alleged Disease. IMO acknowledges that there may be some dispute as to what substantive law applies to this case.24 However, regardless of which law applies, Plaintiffs are required to prove causation. IMO submits that Plaintiffs cannot show that Mr. Bell was exposed to asbestos in such a manner to become a substantial factor in causing his disease. 20 Bynum v. F.M.C. Corp., 770 F.2d 556, 576 (5th Cir.1985); Fed.R.Civ.P. 56(c). 21 Bynum, 770 F.2d at 576. 22 Id.; Fed.R.Civ.P. 56(e). 23 Lawrence v. Fed. Home Loan Mortgage Corp., 808 F.3d 670, 673 (5th Cir. 2015), citing Likens v. Hartford Life & Accident Ins. Co., 688 F.3d 197, 202 (5th Cir.2012). 24 Although Mr. Bell lived in Louisiana at the time of his diagnosis, his alleged exposure to asbestos from IMO pumps occurred while he served in the US Navy aboard vessels on navigable waters, and therefore, maritime law may apply. See, e.g., Conner v. Alfa Laval, Inc., 799 F.Supp.2d 455 (E.D.Pa. 2011) Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 5 of 24 6 Louisiana law and maritime law have similar causation standards. Under both standards, Plaintiffs must show that (1) he was exposed to asbestos from the defendant’s products, and (2) that the product was a substantial factor in causing the injury he suffered.25 In Louisiana, to prove that a defendant’s product was a substantial factor, a plaintiff must show “frequent and regular exposures of sufficient intensity to a particular manufacturer’s product constituting a significant contributing case.26 Maritime law similarly requires “evidence of substantial exposure for a substantial period of time to provide a basis for the inference that the product was a substantial factor in causing the injury.27 Importantly, “minimal exposure” to a defendant’s product is not sufficient.28 Finally, a mere showing that the defendant’s product was present somewhere at plaintiff’s jobsite is insufficient.29 Plaintiffs’ claims further fail under maritime law because a manufacturer is not liable for harm caused by asbestos products that it did not manufacture or distribute. See Conner v. Alfa Laval, Inc., 842 F.Supp.2d 791 (E.D. Pa. 2012). Here, there is no evidence that IMO manufactured or distributed any asbestos components to which Mr. Bell was allegedly exposed, and thus Plaintiffs’ claims fail as a matter of law. Indeed, as discussed more fully above, Plaintiffs have provided no virtually no evidence about any particular work whatsoever performed by Mr. Bell (or even others in his vicinity) on IMO pumps, let alone any evidence establishing that such work involved exposure to asbestos component parts actually provided by IMO. 25 Lindstrom v. AC Products Liability Trust, 424 F.3d 488, 492 (6th Cir. 2005) (maritime law); Vodanovich v. A.P. Green Indus., Inc., 869 So.2d 930, 932-933 26 Quick v. Murphy Oil Company, 643 So.2d 1291, 1295. 27 Lindstrom, 424 F.3d at 492. 28 Lindstrom, 424 F.3d at 492 (maritime); Quick v. Murphy Oil Company, 643 So.2d at 1295 (Louisiana). 29 Lindstrom, 424 F.3d at 492 (maritime); Lucas v. Hopeman Brothers, Inc., 60 So.3d at 701 (Louisiana); see also Booth v. AC and S, 2003-0511 (La.App. 4 Cir. 8/22/03) 854 So.2d 979 (granting summary judgment where plaintiffs could only show that the defendant’s product was present at the plaintiff’s worksite). Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 6 of 24 7 i. Plaintiffs Have Provided No Evidence That Mr. Bell Performed Any Work on an IMO Pump, Let Alone an Asbestos-Containing Component of an IMO Pump. Plaintiffs’ case against IMO is built on improper speculation at every level. Mr. Bell does not recall the specific work performed by himself and others during his Navy service and Plaintiffs cannot meet their prima facie burden in this case to show that IMO was a substantial contributing cause of Mr. Bell’s injury, as there is no evidence that Mr. Bell was ever exposed to asbestos from a component of an IMO pump. Mr. Bell was deposed in this case, and he is the only witness to testify about his work in the US Navy. Mr. Bell testified that as a machinist’s mate in the US Navy, he worked on equipment, including pumps, in the engine rooms of the USS Bainbridge and USS Samuel N. Moore from 1965 to 1968.30 He testified that he recalled there were five brands of pumps that he recalled working on during his Navy service: DeLaval, Goulds, Buffalo, Aurora, and Warren. However, when pressed for details on what work he performed on what pump, Mr. Bell admitted he could only “recall the names of the pump manufacturers.”31 Indeed, when pressed about his work on IMO pumps, Mr. Bell acknowledged that he had no specific recollection of performing any work on IMO pumps aboard any ship.32 30 It is uncontested that IMO supplied pumps for the USS Bainbridge and USS Samuel N. Moore, but not for the USS Grapple. A search of records also revealed a repair order card for the USS Noble for one pump. See Deposition of Richard Salzmann at pages 40: 2-19; 81: 12-15; 83: 15-22, attached hereto as Exhibit 7; Deposition of Plaintiffs’ Expert William Lowell, p. 260:24-261:5, attached hereto as Exhibit 8. 31 See Exhibit 3 at p. 84:1-2. 32 Id. at p. 239: 14 - 241: 24. In fact, both Mr. Bell and IMO’s expert Commander Jim Delaney agreed that little to no work of any kind would have been performed on equipment aboard the USS Bainbridge, since it was a relatively newer ship. Discovery Deposition of William Bell, p. 159:19-23; Commander Jim Delaney Expert Report, ¶21. Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 7 of 24 8 Even assuming Mr. Bell performed work on an IMO pump, there is no evidence that Mr. Bell performed work on an asbestos-containing component of an IMO pump. Mr. Bell testified that he only recalled performing two maintenance procedures on pumps: changing wearing rings and changing packing on pumps. Although he initially testified that the procedures were “mostly” replacing wearing rings on the pumps,33 later he testified that 50% of his work on pumps was changing wearing rings, and 50% of his work on pumps was changing packing.34 However, he also admitted that wearing rings were brass.35 Further, IMO’s expert Commander Jim Delaney has indicated that machinist’s mates would perform other work on pumps, including starting and shutting down pumps, as well as “routine operational checks such as monitoring suction and discharge pressures, temperatures, sump levels and motor temperatures,” none of which required the use or handling of asbestos components.36 Since Mr. Bell testified that he could not identify any particular maintenance he performed on any particular brand of pump and given that some “work” on pumps did not require manipulating asbestos components, a factfinder would have to improperly speculate to determine that the work on IMO pumps involved manipulation of an asbestos component for which IMO has liability. Indeed, even Plaintiffs’ expert Captain William Lowell admitted that he had no knowledge as to what work was performed on any IMO pump.37 Without any evidence regarding whether Mr. Bell even manipulated an asbestos component of an IMO pump, it goes without saying that Plaintiffs cannot show that Mr. Bell had any frequent, regular, or proximate exposure to asbestos from a component of an IMO pump. 33 See Exhibit 2 at p. 46:10-11. 34 See Exhibit 3 at p. 227:17-228:16. 35 Id. at p. 86:1-4. 36 Commander Jim Delaney Expert Report at ¶21, attached hereto as Exhibit 9. 37 See Exhibit 8 at p. 262:1-7; 263: 6-15. Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 8 of 24 9 Essentially all Plaintiffs can show is that IMO pumps were present aboard the USS Noble, USS Bainbridge and USS Samuel N. Moore, which IMO does not contest. However, the mere presence of IMO pumps on board those ships is not sufficient to prove that IMO was a substantial factor in the development of Mr. Bell’s disease.38 Without evidence that Mr. Bell performed work on an IMO pump was around others working on an IMO pump, that released asbestos fibers from an asbestos component attributable to an IMO pump, Plaintiffs’ claims fail. ii. Plaintiffs Cannot Show that IMO Was a Substantial Factor in the Causation of Mr. Bell’s Disease. Plaintiffs have retained Drs. Richard Kradin and Stephen Terry Kraus to provide expert medical testimony regarding specific causation at trial.39 Both doctors rely on the “every exposure” theory that has been previously rejected by this and many other Courts.40 Neither doctor can offer any quantitative exposure testimony41 and neither doctor knows how many times Mr. Bell may have been around work on IMO pumps, how close he was to any such work, what work was performed, how long the work lasted, the concentration of any asbestos that may 38 Lindstrom, 424 F.3d at 492 (maritime); Lucas v. Hopeman Brothers, Inc., 60 So.3d at 701 (Louisiana); see also Booth v. AC and S, 2003-0511 (La.App. 4 Cir. 8/22/03) 854 So.2d 979. 39 Plaintiffs’ Expert Disclosures, too voluminous to attach. 40 Report of Richard Kradin, M.D., generally, attached as Exhibit 4; Report of Stephen Terry Kraus, generally, attached as Exhibit 5; see, e.g., Comardelle v. Pennsylvania General Insurance Co., 76 F.Supp.3d 628 (E.D.La. 1/5/2015) & Vedros v. Northrup Grumman Shipbuilding, Inc., 119 F.Supp.3d 556 (E.D.La. 8/4/2015) (specifically rejecting Dr. Kraus’s opinion) and cases cited in each. 41 Report of Richard Kradin, M.D., generally, attached as Exhibit 4; Report of Stephen Terry Kraus, generally, attached as Exhibit 5. Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 9 of 24 10 have been in the air, or the background concentration of asbestos in the air at the time.42 In fact, neither expert offers any causation opinions specific to IMO in their respective reports.43 Rather, Plaintiffs’ medical experts reach their conclusions on specific causation by opining that (1) Mr. Bell’s cumulative exposure to asbestos caused his mesothelioma,44 (2) medical science has not demonstrated a safe threshold dose of asbestos,45 and (3) therefore, every exposure above background sustained by Mr. Bell contributed to his cumulative exposure to asbestos.46 Despite the lack of evidence of proximity, duration, intensity, or frequency of any particular exposure or cumulative exposures to any Defendant’s products, they assume exposure above background. As this Court and others have held in prior cases and as further addressed below, this methodology is unreliable and conclusions based on this methodology are inadmissible to prove specific causation against IMO.47 Accordingly, since Plaintiffs cannot establish that IMO was a specific cause of Mr. Bell’s disease, IMO submits that is entitled to summary judgment.48 b. IMO is Entitled to Summary Judgment Because it was Acting as a Government Contractor When it Supplied the Products to the Navy to Which Exposure is Alleged. Pursuant to the decisions of both the U.S. Supreme Court and the U.S. Court of Appeals for the Fifth Circuit, the government contractor defense shields suppliers of military equipment, 42 Id. 43 Id. 44 Report of Richard Kradin, M.D., p. 18, attached as Exhibit 4; Deposition of Stephen Terry Kraus, M.D., p. 99, lines 3-14, attached as Exhibit 6. 45 Report of Richard Kradin, M.D., p. 6, attached as Exhibit 4; Deposition of Stephen Terry Kraus, M.D., p. 126, lines 14-25, attached as Exhibit 6. 46 Report of Richard Kradin, M.D., p. 10, attached as Exhibit 4; Deposition of Stephen Terry Kraus, M.D., p. 99, lines 3-14, attached as Exhibit 6. 47 Comardelle v. Pennsylvania General Insurance Company, 76 F.Supp.3d 628 (E.D.La. 2015) & Vedros v. Northrup Grumman Shipbuilding, Inc., 119 F.Supp.3d 556 (E.D.La. 8/4/2015). 48 IMO has filed a Daubert motion to exclude Dr. Kraus’s and Dr. Kradin’s “each and every exposure” opinions, and refers the Court to this motion for further analysis. Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 10 of 24 11 such as IMO, from liability for alleged defects in such equipment.49 Indeed, the Supreme Court has noted that “the selection of the appropriate design for military equipment to be used by our Armed Forces is assuredly a discretionary function.”50 The government contractor defense is appropriate for adjudication at summary judgment.51 As the Supreme Court explained in Boyle, government contractors are immune from state law tort claims when: “(1) the United States approved reasonably precise specifications; (2) the equipment conformed to those specifications; and (3) the supplier warned the United States about the dangers in the use of the equipment that were known to the supplier but not to the United States.”52 It is well-established that the government contractor defense may be asserted to defeat both design defect and failure-to-warn claims.53 In this case, IMO is entitled to summary judgment as a matter of law because there can be no reasonable dispute that the military pumps supplied by IMO for use aboard Navy warships, 49 See, generally, Boyle v. United Techs. Corp., 487 U.S. 500 (1988); Kerstetter v. Pac. Sci. Co., 210 F.3d 431 (5th Cir. 2000); Smith v. Xerox Corporation, 866 F.2d 135 (5th Cir. 1989); Stout v. Borg- Warner Co., 933 F.2d 331 (5th Cir. 1991). As a government contractor, IMO is immune from suit and liability under federal common law to the same extent and applicability as the U.S. Navy is immune from suit and liability under the Federal Tort Claims Act for: Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused. 28 U.S.C. § 2680(a). The Supreme Court noted in Boyle that “there is obviously implicated the same interest in getting the Government's work done” in a “case [that] involves an independent contractor performing its obligation under a procurement contract [as in a case that involves] an official performing his duty as a federal employee . . . .” 487 U.S. at 504-505. 50 See Boyle, 487 U.S. 500, 511. 51 Kerstetter v. Pac. Sci. Co., 210 F.3d 431 (5th Cir. 2000) (affirming grant of summary judgment for defendant on government contract defense); Stout v. Borg-Warner Co., 933 F.2d 331 (5th Cir. 1991) (same); In re Air Disaster at Ramstein Air Base, Germany, 81 F.3d 570, 574 (5th Cir. 1996) (same). 52 Boyle, 487 U.S. at 512. 53 See, e.g., Kerstetter v. Pac. Sci. Co., 210 F.3d 431 (5th Cir. 2000); Garner v. Santoro, 865 F.2d 629, 635 (5th Cir. 1989); Jowers v. Lincoln Elec. Co., 617 F.3d 346, 352 (5th Cir. 2010). Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 11 of 24 12 and any related documentation, were manufactured and supplied pursuant to reasonably precise specifications prepared by the U.S. Navy and that IMO’s equipment and related documentation conformed to those specifications. Moreover, the Navy had extensive knowledge during the relevant time period concerning potential hazards associated with asbestos it specified for use aboard its ships. i. The Navy Approved Reasonably Precise Specifications, Including Those Relating to Warnings. The purpose of the first prong of the Boyle test, i.e. whether the government approved reasonably precise specifications, is to determine whether the government exercised its discretion when obtaining the military equipment from the equipment manufacturer. It is the government’s exercise of discretion that invokes the discretionary functions exemption in the Federal Tort Claims Act, thereby absolving the government contractor from liability. In considering the first element of the Boyle defense, the court will determine whether the government has exercised or delegated to the contractor discretion over the product design. The government need not prepare the specifications to be considered to have approved them.54 To determine whether “substantive review” occurred, a court must take into consideration a number of factors. The factors involve examining drawings, evaluation from time to time, criticism and extensive government testing - a “continuous back and forth” between the contractor and the government.55 The specifications need not address the specific defect alleged; the government 54 See Trevino v. General Dynamics, 865 F.2d 1474, 1480 (5th Cir. 1989) (holding that “substantive review” is adequate). 55 See In re Air Disaster at Ramstein Air Base, Germany, 81 F.3d 570, 574 (5th Cir. 1996). Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 12 of 24 13 need only evaluate the design feature in question.56 “Approval” under the Boyle defense requires more than a rubber stamp.57 Where the defect alleged is a failure to warn, the prevailing view of most federal courts, including the Fifth Circuit, is that Boyle does not require a government contractor to demonstrate an express government prohibition as to a specific warning; rather, the contractor need only establish that the government “exercised its discretion” regarding warnings to be placed on the defendant’s product.58 Therefore, the relevant issue for a failure to warn claim is whether the Navy exercised its discretion in approving reasonably precise specifications for materials accompanying IMO’s pumps and then ultimately accepted the materials placed on or otherwise supplied with IMO’s pumps in accordance with those specifications. In this case, it is clear that the Navy remained the agent of decision with respect to the pumps supplied by IMO for installation aboard the Navy ships allegedly at issue, as well as any 56 See Boyle, 487 U.S. at 512, 108 S.Ct. 2510; Trevino, 865 F.2d at 1486 (“The government contractor defense as reformulated in Boyle protects government contractors from liability for defective designs if discretion over the feature in question was exercised by the government.”) 57 Trevino v. Gen. Dynamics Corp., 865 F.2d 1474, 1480 (5th Cir. 1989). 58 See, e.g., Kerstetter v. Pacific Scientific Co., 210 F.3d 431, 437 (5th Cir. 2000) (“Although the manual contained no express evaluation of a warning of the specific hazard of inadvertent seat release, the government contractor defense applies because the Navy exercised discretion in approving warnings in the flight manual.”); Leite v. Crane Co., 749 F.3d 1117, 1123 (“Contrary to plaintiffs' assumption, [the defendant equipment manufacturer] need not prove that the Navy would have forbidden it to issue asbestos warnings had [it] requested the Navy's approval”); Getz, 654 F.3d at 867 (“We are not persuaded by Plaintiffs’ suggestion that our decisions in Butler and Hawaii Federal Asbestos limit the defense to cases in which the government specifically forbids warnings altogether or to instances where the government explicitly dictates the content of the warnings adopted. . . . To read these cases as limiting preemption to those instances where the government forbids additional warning or dictates the precise contents of a warning would be inconsistent with the [Supreme] Court’s decision in Boyle,” which provides that “government discretion, rather than dictation is required.”); Oliver v. Oshkosh Truck Corp., 96 F.3d 992, 1004 n.8 (“We cannot accept as consistent with Boyle the suggestion that there is any strict requirement that the government ‘prohibit’ warnings altogether or ‘dictate’ the contents of the warnings actually incorporated.”); Tate v. Boeing Helicopters, 55 F.3d 1150, 1158 (6th Cir. 1995) (“Government discretion is required, not dictation or prohibition of warnings. Where a contractor proposes warnings that the government substantively approves, and satisfies the second and third conditions, the defense displaces state law-even if the government did not ‘prohibit’ the contractor from proposing more alarming warnings.”). Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 13 of 24 14 documentation that accompanied those pumps. The evidence plainly shows that the Navy not only “approved” the particular specifications to which IMO’s pumps were manufactured and to which any accompanying documentation was provided, but the Navy itself actually developed those specifications in order to ensure that its ships would operate effectively in very harsh and hostile environments, survive battle damage, and meet demanding speed and maneuvering requirements.59 The Navy made the considered military decision to use asbestos in association with its ships and the equipment it required for use aboard those ships.60 For instance, through specifications developed by the Navy-not by equipment manufacturers-the Navy required the use of asbestos thermal insulation with equipment intended for installation on Navy ships.61 Navy specifications also governed internal equipment components such as sealing materials, which the Navy at times required to contain asbestos pursuant to the Navy’s needs.62 The Navy developed specifications describing in detail the content to be included in all written materials supplied by equipment manufacturers with the equipment. Equipment manufacturers, such as IMO, were required to supply drawings and plans, and, at times, draft technical manuals for their equipment.63 The applicable specifications included strict instructions regarding labeling and packaging of the equipment itself and for all written documentation procured by the Navy with the equipment.64 Equipment manufacturers would not be permitted, under the specifications, regulations and procedures, nor under the actual practice as it evolved in the field, to vary or deviate in any respect from the Navy specifications in 59 Declaration of RADM Sargent, pp. 3-13, attached as Exhibit 10; Captain Jim Delaney’s Report, ¶¶30-31, attached as Exhibit 9. 60 Id. 61 Id. 62 Id. 63 Declaration of RADM Sargent, pp. 14-18, attached as Exhibit 10. 64 Id. at p. 15 Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 14 of 24 15 supplying equipment.65 As such, equipment manufacturers, such as IMO, were not permitted to affix any type of warning or caution statement to equipment intended for installation aboard a Navy ship, nor to technical manuals for such equipment, beyond those specifically required by the Navy without prior discussion and approval.66 The Navy did not require a warning for a potential hazard, such as asbestos, that was ubiquitous throughout a Navy ship or shipyard shop.67 The Navy and its shipyards had both the ability to identify potential hazards and the means and methods to control them.68 In fact, the Navy maintained complete autonomy over health hazard recognition and control, and exercised its discretion as to how to combat health issues, including how it chose to communicate such hazards to its personnel.69 The Navy chose to address hazards that were not unique to individual equipment, but were instead pervasive throughout ships and shipyards, through its own policies and procedures, not through warnings by equipment manufacturers.70 The Navy undertook to protect its sailors through its Bureau of Medicine and Surgery by creating a comprehensive 65 Id. at pp. 15-16. 66 Id. at pp. 15-18, 38-39; Report of Samuel A. Forman, ¶¶32-34, 66-68, 113-115, attached as Exhibit 11. 67 Declaration of RADM Sargent, pp. 14-18, 38-39, attached as Exhibit 10; Report of Samuel A. Forman, ¶¶32-34, 66-68, 81-85, 113-115, attached as Exhibit 11. 68 Report of Samuel A. Forman, ¶¶21-23, 27, 29-31, 36-57, 105-106, 113-115, attached as Exhibit 11; Excerpts of the November 1922 United States Navy Medical Bulletin, attached as Exhibit 12; Excerpts of the 1939 Handbook of the Hospital Corps - United States Navy, p. 520, attached as Exhibit 13; Excerpts of the 1939 Annual Report of the Surgeon General - U.S. Navy, p. 24, attached as Exhibit 14; Excerpts of Ernest W. Brown, M.D, “Industrial Hygiene and the Navy in National Defense,” pp. 3-15, attached as Exhibit 15; see also U.S. Navy Dept. and U.S. Maritime Commission, 1943, “Minimum Requirements for Safety and Industrial Health in Contract Shipyards,” attached as Exhibit 16; see also General Safety Rules Manual, Puget Sound Naval Shipyard, 1940, attached as Exhibit 17; see also “Safety Rules, Part II, Shops 56, 25 & 27,” Puget Sound Naval Shipyard, First Edition - 1954, p. 3, attached as Exhibit 18; see also U.S. Department of the Navy Memorandum RE “Hazards of Asbestos, December 9, 1968, pp. 1-5, attached as Exhibit 19. 69 Id 70 Declaration of RADM Sargent, pp. 14-18, 36-39, attached as Exhibit 10; Sworn Declaration of Samuel Forman, ¶¶21-23, 32-34, 53-88, 113-115, attached as Exhibit 11; Commander Jim Delaney Expert Report, p. 16, attached as Exhibit 9; Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 15 of 24 16 system aimed at identifying and evaluating potential threats to the long-term well-being of its personnel and by developing appropriate training and procedures to mitigate those threats.71 The Navy also chose to utilize technical manuals for equipment as reference material to be consulted in the operation, maintenance and repair of equipment and systems-not to address shipboard health issues.72 The Navy intended for equipment manuals to provide information specific to the operation of the equipment to which they relate, including the avoidance of injuries or accidents that might occur during such operation.73 In order to ensure consistency with its overall training and procedure to Navy personnel worldwide, the Navy only accepted manuals that conformed to its specifications.74 Particularly when viewed from the larger perspective of how the Navy decided to address shipboard and shipyard health hazards, it is evident that the Navy did not merely “rubber stamp” equipment manufacturers’ decisions, but was instead intimately involved both in the design and packaging of the military equipment it procured and in any warning statements to be included therewith. As Admiral Horne attests in his affidavit for joinder, oversight of technical manuals and instructions by the Department of the Navy was detailed and exacting. The Navy controlled 71 Sworn Declaration of Samuel Forman, ¶¶27, 29-31, 36-57, 105-106, attached as Exhibit 11; Excerpts of the November 1922 United States Navy Medical Bulletin, attached as Exhibit 12; Excerpts of the 1939 Handbook of the Hospital Corps - United States Navy, p. 520, attached as Exhibit 13; Excerpts of the 1939 Annual Report of the Surgeon General - U.S. Navy, p. 24, attached as Exhibit 14; Excerpts of Ernest W. Brown, M.D, “Industrial Hygiene and the Navy in National Defense,” pp. 3-15, attached as Exhibit 15; see also U.S. Navy Dept. and U.S. Maritime Commission, 1943, “Minimum Requirements for Safety and Industrial Health in Contract Shipyards,” attached as Exhibit 16; see also General Safety Rules Manual, Puget Sound Naval Shipyard, 1940, attached as Exhibit 17; see also “Safety Rules, Part II, Shops 56, 25 & 27,” Puget Sound Naval Shipyard, First Edition - 1954, p. 3, attached as Exhibit 18; see also U.S. Department of the Navy Memorandum RE “Hazards of Asbestos, December 9, 1968, pp. 1-5, attached as Exhibit 19. 72 Declaration of RADM Sargent, pp. 15-18, 36-39, attached as Exhibit 10; Sworn Declaration of Samuel Forman, ¶¶32-34, 53-88, 113-115, attached as Exhibit 11; Commander Jim Delaney Expert Report, p. 16, attached as Exhibit 9. 73 Declaration of RADM Sargent, pp. 14-16, 36-39, attached as Exhibit 10; Sworn Declaration of Samuel Forman, ¶¶81-85, attached as Exhibit 11. 74 Declaration of RADM Sargent, pp. 15-16, attached as Exhibit 9. Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 16 of 24 17 the form, format, and content of all equipment technical manuals. This oversight included but was not limited to the material of the manual cover, the language used, the manual’s structure, the punctuation, and any descriptions of specific maintenance procedures, not to mention any safety and health advisories.75 As further explained by IMO’s Navy expert, retired Rear Admiral David P. Sargent, Jr., “Navy personnel or those of the Navy’s Design Agents participated intimately in the preparation and review of [the] . . . technical manuals in a standardized format used by the Navy.”76 “The Navy dictated and . . . reviewed and approved the contents of all technical manuals, including any cautionary language or emphasis. [It] approached this process . . . in an exacting manner [and] often created lengthy memoranda detailing word-by-word line edits to the content of technical manuals submitted for approval, including the wording of instructional material and warnings.”77 Thus, the evidence in this case clearly establishes that IMO had to comply with a reasonably precise set of specifications created and approved by the Navy as to pumps to be utilized aboard Navy ships and as to the content of any written materials to be provided with those pumps. Accordingly, as IMO has shown that the government exercised its discretion in this case, the first prong of the Boyle test is met. ii. The Equipment Provided by IMO Conformed to the Navy’s Specifications. Turning to the second element of the government contractor defense, for the product to not conform to a specification, the “alleged defect must exist independently on the design itself, 75 See generally Affidavit of Roger B. Horne, Jr., attached hereto as Exhibit 6 and incorporated by reference herein. 76 Commander Jim Delaney Expert Report, p. 16, attached as Exhibit 9. 77 Declaration of RADM Sargent, p. 16, attached as Exhibit 10. Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 17 of 24 18 and must result from a deviation from the required military specifications.”78 A military contractor can establish conformity with reasonably precise specifications by showing “[e]xtensive government involvement in the design, review, development and testing of a product” and by demonstrating “extensive acceptance and use of the product following production.”79 The evidence in this case establishes that the Navy actively monitored and scrutinized equipment manufacturers’ compliance with its specifications, and the Navy’s installation of the equipment aboard its ships demonstrates the equipment manufacturers’ conformity with those specifications. As explained by Admiral Sargent, who himself was often called upon to determine whether equipment vendors had conformed to the Navy’s specifications prior to the Navy’s acceptance of the equipment: Compliance with the standards and specifications issued for equipment supplied for ultimate use aboard Navy ships was directly monitored by Naval Machinery Inspectors under both of the following divisions: (a) Machinery Inspectors under the Bureau of Supplies and Accounts worked on-site at vendor facilities, such as IMO’s manufacturing facilities; and (b) Machinery Inspectors under BUSHIPS/NAVSEA carried out their responsibilities at the shipbuilding yards. . . These Inspectors, exercised primary, front line control and direction over the work performed for the Navy by original equipment . . . manufacturers. . . . . IMO equipment could not have been installed aboard Navy ships unless that equipment was first determined by the Navy to be in conformity with all applicable Navy specifications.80 IMO’s compliance with the Navy’s specifications and requirements governing any written communications to be supplied with its pumps is demonstrated by the Navy’s acceptance of such written materials. Admiral Sargent explained that “draft manuals were required to be submitted to the Navy for detailed review and feedback [and] [o]nce the draft manuals were 78 Kerstetter, 210 F.3d 431, 435-436. 79 Kerstetter, 210 F.3d at 435-36. 80 Admiral Sargent Report, p. 7. Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 18 of 24 19 found to be acceptable to the Navy, a BUSHIPS number was assigned and the manual became an official BUSHIPS document the contents of which were controlled by the Navy.”81 Accordingly, as IMO has shown in this case that its pumps and any accompanying documentation conformed to the reasonably precise specifications approved by the Navy, the second prong of the Boyle test is met. iii. The Navy Had Greater Knowledge of the Potential Hazards of Asbestos than IMO. Boyle’s third prong requires an equipment manufacturer to warn the government only “‘about the dangers in the use of the equipment that were known to the contractor but not to the government.’”82 Moreover, “a government contractor is only responsible for warning the government of dangers about which it has actual knowledge.”83 Thus, a contractor is not required to warn of dangers about which it “should have” known.84 In this case, there is evidence illustrating the depth and breadth of the Navy’s state-of- the-art knowledge regarding asbestos-related hazards during the relevant time period. As noted by former Navy occupational medicine physician Dr. Samuel A. Forman, “[t]he Navy’s knowledge in the areas of asbestos and associated health conditions has been quite complete when compared to available knowledge over time, and at least by the early 1940s, the Navy had become a leader in the field of occupational medicine relating to, among other things, asbestos 81 Admiral Sargent Report, p. 16. 82 Kerstetter, 210 F.3d at 435-436, quoting Boyle, 487 U.S. at 512. 83 Trevino, 856 F.2d at 1487. 84 See Kerstetter, 210 F.3d at 435-436; see also In re Agent Orange, 517 F.3d at 99 (“The defendants can demonstrate a fully informed government decision by showing . . . that the government did not need the warnings because it already possessed that information.”); Ramey v. Martin-Baker Aircraft, 874 F.2d 946, 951 n.10 (4th Cir. 1989) (“Because we conclude the Navy was already aware of the risk at issue, we need not consider whether [defendant] would otherwise have been required to warn the Navy directly of the risk in order to assert successfully the military contractor defense.”) Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 19 of 24 20 dust inhalation exposure.”85 “Consistent with the Navy’s interpretation of the importance of industrial hygiene and occupational health, the Navy’s programs in these areas have paralleled, and at times led, the development of occupational medicine and industrial hygiene in general, and asbestos-related issues in particular.”86 In fact, beginning at least as early as 1922 - two full decades before the construction of any of the vessels at issue in this case - the Navy recognized asbestos work as hazardous and prescribed the use of various protective measures, including the use of water to dampen dust, exhaust systems to remove dust, enclosed chambers to prevent escape of dust and respirators.87 This knowledge of both the potential hazards of asbestos and the appropriate steps to protect personnel were discussed extensively and consistently within the Navy over the ensuing decades.88 Moreover, during the 1950s, the Navy continued to develop and prescribe safe work practices aimed at addressing asbestos-related hazards.89 For example, a 1950 General Safety Rules Manual issued by Puget Sound Naval Shipyard instructed workers to “[w]ear dust type or air-fed respirators for . . . handling amosite [asbestos] insulating materials,” and a 1954 Safety Manual for Norfolk Naval Shipyard listed pipe covering as a “hazardous occupation” due to “asbestos exposure.”90 It is clear that the Navy had a sophisticated awareness of a wide range of information and issues relating to asbestos hazard recognition and controls.91 In making its decisions with 85 Sworn Declaration of Samuel Forman, ¶26, attached as Exhibit 11. 86 Id. 87 Id. at ¶27. 88 Sworn Declaration of Samuel Forman, ¶39-57, attached as Exhibit 11; see also General Safety Rules Manual, Puget Sound Naval Shipyard, 1940, attached as Exhibit 17; see also “Safety Rules, Part II, Shops 56, 25 & 27,” Puget Sound Naval Shipyard, First Edition - 1954, p. 3, attached as Exhibit 18; see also U.S. Department of the Navy Memorandum RE “Hazards of Asbestos, December 9, 1968, pp. 1-5, attached as Exhibit 19. 89 Id. at ¶ 27-31, 36-57, 105-106. 90 Id. 91 Report of Samuel A. Forman, ¶¶21-23, 27, 29-31, 36-57, 105-106, 113-115, attached as Exhibit 11; Excerpts of the November 1922 United States Navy Medical Bulletin, attached as Exhibit 12; Excerpts of the 1939 Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 20 of 24 21 respect to the use of asbestos in accordance with Navy operating requirements and in furtherance of Navy missions, the Navy weighed its extensive and evolving knowledge of asbestos-related hazards against the benefits provided by its use.92 Thus, there was no place for independent or unsolicited action by equipment manufacturers in educating, training or protecting Navy personnel regarding asbestos-related health issues.93 Indeed, given the Navy’s state-of-the-art knowledge concerning asbestos-related hazards and its robust safety and health program, it would be unreasonable to assume that the Navy would have accepted any advice pertaining to asbestos related safety precautions from a manufacturer of equipment.94 Accordingly, as IMO has shown that there is no information IMO could have provided to the Navy about the potential hazards of asbestos that the Navy did not already possess, the third prong of the Boyle test is met. As IMO has provided ample evidence that the Navy approved reasonably precise specifications to which IMO conformed and that the Navy had greater knowledge than IMO of potential asbestos hazards, IMO is entitled to summary judgment as a matter of law because the government contractor defense prevents IMO from being found liable for defects alleged in products it supplied to the Navy Handbook of the Hospital Corps - United States Navy, p. 520, attached as Exhibit 13; Excerpts of the 1939 Annual Report of the Surgeon General - U.S. Navy, p. 24, attached as Exhibit 14; Excerpts of Ernest W. Brown, M.D, “Industrial Hygiene and the Navy in National Defense,” pp. 3-15, attached as Exhibit 15; see also U.S. Navy Dept. and U.S. Maritime Commission, 1943, “Minimum Requirements for Safety and Industrial Health in Contract Shipyards,” attached as Exhibit 16; see also General Safety Rules Manual, Puget Sound Naval Shipyard, 1940, attached as Exhibit 17; see also “Safety Rules, Part II, Shops 56, 25 & 27,” Puget Sound Naval Shipyard, First Edition - 1954, p. 3, attached as Exhibit 18; see also U.S. Department of the Navy Memorandum RE “Hazards of Asbestos, December 9, 1968, pp. 1-5, attached as Exhibit 19. 92 Report of Samuel A. Forman, ¶¶21-23, 113-115, attached as Exhibit 11. 93 Declaration of RADM Sargent, pp. 16-18, 38-39, attached as Exhibit 10; Report of Samuel A. Forman, ¶¶32-34, 66-88, 113-115, attached as Exhibit 11. 94 Id. Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 21 of 24 22 iv. To the Extent Louisiana Law Applies to This Case the Plaintiffs claims are Barred by the Sophisticated User Defense Because the Navy was a Sophisticated User of Asbestos. A sophisticated user/purchaser is one who by experience and expertise is aware of the possible hazards associated with the use of the product, and who has an obligation to inform end users of such potential hazards.95 The manufacturer “need not prove that the sophisticated user had actual knowledge of the danger; it is sufficient that the manufacturer prove that the user should have known of the danger.”96 A manufacturer is not required to warn “sophisticated users” of the dangers, “which they may be presumed to know about because of their familiarity with the product.97 A manufacturer is relieved of its duty to provide an adequate warning if the user’s employer knows or should know of the dangers.98 Where the employer knows of the dangers, it is “vain and useless” to require additional notification.99 The manufacturer’s failure to warn the user/employee is not a contributing cause of the user’s damage where the employer knows of the dangers but does not inform the user/employee of the dangers.100 The United States Fifth Circuit Court of Appeals, in Davis v. Avondale Indust. Inc., observed that “under Louisiana law, a manufacturer has no duty to warn a sophisticated user . . . Similarly, a manufacturer has no duty to warn a sophisticated purchaser.”101 The court, in its application of Louisiana law, held that although no Louisiana court had clearly addressed the 95 See Davis v. Avondale Industries, 975 F.2d 169 (5th Cir. 1992). 96 Home Ins. Co. of Illinois v. Natl. Tea Co., 577 So.2d 65 (La.App. 1 Cir. 1990) (citing Ducote v. Liberty Mutual Ins. Co., 451 So.2d 1211 (La.App 4 Cir.), writ denied, 457 So.2d 15 (La.1984)). 97 Home Ins. Co. of Illinois v. Natl. Tea Co., 577 So.2d 65 (La.App. 1 Cir. 1990) (citing Duncan v. Louisiana Power & Light Company, 532 So2d 1211 (La.App. 5 Cir 1988)) 98 West v. Hydro-test, Inc., 196 So.2d 598, 606; see also Washington v. Dept. of Transp., 8 F.3d 300, 301 (La.App. 5 Cir. 1993) 99 Greer v. Gen. Motors Corp., 293 So.2d 228, 231 (La.App. 3 Cir. 1974) 100 Id. 101 Id. (citations omitted) Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 22 of 24 23 issue, “we conclude that Louisiana courts would likely hold that in a setting such as this, the product manufacturer owes no duty to the employee of a purchaser, if the manufacturer provides an adequate warning of any inherent dangers to the purchaser, or if the purchaser has knowledge of those dangers and the duty to warn its employees thereof.”102 In this case, as described above, there is no question that the Navy, as Mr. Bell’s employer, had the expertise, sophistication, and awareness to warn its employees of the hazards of asbestos. Therefore, because any warning by IMO was unnecessary, IMO respectfully requests that this Court grant its motion for summary judgment. V. CONCLUSION There is no genuine issue of fact. Plaintiffs cannot fulfill their burden of proving substantial exposure to asbestos resulting from work with IMO pumps and cannot fulfill their burden of proving that exposure to asbestos from work on IMO pumps was a significant factor in Decedent’s contraction of mesothelioma. Both are essential elements of Plaintiffs claim against IMO. Failure to prove either is fatal to their claims. But Plaintiffs cannot offer proof of either and, therefore, IMO is entitled to dismissal, with prejudice, of all claims pending against it. Likewise, there is no genuine issue of fact as to the existence of all three requisite elements for IMO to qualify as a government contractor entitled to immunity. IMO produced custom pumps to strict Navy specifications, those pumps complied with the Navy specifications, and IMO had no knowledge of any asbestos hazards that were unknown to the Navy at the time of the pumps’ manufacture or at any time since. Further, under Louisiana law, the United States 102 Davis v. Avondale Industries, Inc., 975 F.2d 169 (5th Cir. 1992) at 173 (citing Mozeke v. International Paper Co., 933 F.2d 1293, 1297, n. 2 (5th Cir. 1991) and West v. Hydro-test, Inc., 196 So.2d 598, 606 (La.App. 1 Cir. 1967); See also, Fernandez v. Tamko Bldg. Products, Inc., 2 F.Supp.3d 854, 864 (M.D. La. 2014) (“manufacturers have no duty to warn an end-user of a product’s dangers when the product is initially purchased by a sophisticated user that would have a duty to warn the end-user”). Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 23 of 24 24 Navy was a sophisticated user of asbestos at all times, and therefore any asbestos warning by IMO would have been unnecessary and superfluous. Under any of these grounds, IMO is entitled to, and hereby prays for, summary judgment dismissing all of Plaintiffs’ claims, with prejudice, and at Plaintiffs’ costs. Respectfully submitted: KUCHLER POLK SCHELL WEINER & RICHESON, LLC /s/Joseph H. Hart, IV LEIGH ANN SCHELL (#19811) JOSEPH H. HART, IV (#21434) THOMAS A. PORTEOUS (#27039) LORI A. WATERS (#29636) MAGALI A. PUENTE (#27279) 1615 Poydras Street, Suite 1300 New Orleans, Louisiana 70112 Telephone: (504)-592-0691 Facsimile: (504)-592-0696 Email: lschell@kuchlerpolk.com jhart@kuchlerpolk.com tporteous@kuchlerpolk.com lwaters@kuchlerpolk.com mpuente@kuchlerpolk.com Counsel for IMO Industries, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have on this 15th day of August, 2016, served the foregoing on all counsel of record via the EDLa’s ECF system. /s/Joseph H. Hart, IV JOSEPH H. HART, IV Case 2:15-cv-06394-LMA-DEK Document 229-1 Filed 08/17/16 Page 24 of 24 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA WILLIAM C. BELL * CASE NO. 15-6394 Plaintiff * * vs. * JUDGE: Lance M. Africk * FOSTER WHEELER ENERGY * CORPORATION, et al. * MAGISTRATE: Daniel E. Knowles, III Defendants * * ****************************************************************************** DEFENDANT IMO INDUSTRIES, INC.’S SEPARATE STATEMENT OF FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT Pursuant to Federal Rule of Civil Procedure 56, IMO Industries, Inc. (“IMO”) submits the following Statement of Facts in Support of its Motion for Summary Judgment: William Bell’s Service in the US Navy 1. Plaintiff’s decedent William Bell (“Mr. Bell”) served in the United States Navy from 1962 to 1968 aboard four vessels: the USS Noble, USS Grapple, USS Bainbridge, and USS Samuel N. Moore. 2. IMO manufactured pumps for installation aboard the USS Noble, USS Bainbridge and USS Samuel N. Moore, but not the USS Grapple. (See Deposition of Richard Salzmann, attached hereto as Exhibit 7 at pages 40: 2-19; 81: 12-15; 83: 15-22; Deposition of Plaintiffs’ Expert William Lowell, attached hereto as Exhibit “8” p. 260:24-261:5.) 3. Mr. Bell testified that as a machinist’s mate in the US Navy, he stood watch or worked on equipment, including pumps, in the engine rooms of the USS Noble, USS Bainbridge and USS Samuel N. Moore from 1965 to 1968. Case 2:15-cv-06394-LMA-DEK Document 229-2 Filed 08/17/16 Page 1 of 14 2 4. He testified that he recalled there were five brands of pumps that he recalled working on during his Navy service: DeLaval, Goulds, Buffalo, Aurora, and Warren. 5. Mr. Bell testified that he only recalled performing two maintenance procedures on pumps: changing wearing rings and changing packing on pumps. 6. Mr. Bell initially testified that the procedures were “mostly” replacing wearing rings on the pumps. (Perpetuation Deposition of William Bell, attached hereto as Exhibit 2, at p. 46:10-11.) 7. Mr. Bell later testified that 50% of his work on pumps was changing wearing rings, and 50% of his work on pumps was changing packing. (Discovery Deposition of William Bell, attached hereto as Exhibit 3, at p. 227:17-228:16.) 8. Mr. Bell testified that the wearing rings were made of brass. (Id. at p. 86:1-4.) 9. Further, IMO’s expert Commander Jim Delaney has indicated that machinist’s mates would perform other work on pumps, including starting and shutting down pumps, as well as “routine operational checks such as monitoring suction and discharge pressures, temperatures, sump levels and motor temperatures,” none of which required the use or handling of asbestos components. (Commander Jim Delaney Expert Report, attached hereto as Exhibit 9, and fully incorporated herein by reference, at ¶21.) 10. When pressed for details on what work he performed on what pump, Mr. Bell admitted he could only “recall the names of the pump manufacturers.” (Exhibit 3, at p. 84:1-2.) 11. Mr. Bell admitted that he had no specific recollection of performing any work on IMO pumps aboard any ship. (Id. at p. 239:14-241:24.) 12. Plaintiff’s expert Captain William Lowell admitted that he had no knowledge as to what work was performed on any Warren pump. (Exhibit 8 at p. 262:1-7; 263: 6-15.) Case 2:15-cv-06394-LMA-DEK Document 229-2 Filed 08/17/16 Page 2 of 14 3 13. Mr. Bell admitted that sometimes when he removed packing, depending on the pump model, he could just unbolt the packing gland, and “pull the packing right out” easily. In others, he had to pry the packing out. 14. He did not recall which model or brands pumps which the packing was easily removed from and which pumps he had to pry the packing out of. The Navy’s Approval of Reasonably Precise Specifications 15. Navy warships are designed to meet very demanding performance requirements and thus, are some of the most complex machines ever designed and constructed. They must be designed to operate effectively in very harsh and hostile environments, to survive battle damage and fight again, and to meet demanding speed and maneuvering requirements. (Sworn Report of Retired U.S Navy Rear Admiral David P. Sargent, Jr., attached hereto as Exhibit 10, and fully incorporated herein by reference, at pp. 3-4). 16. Since there was no U.S. industry that either designed or assembled complete warships or high performance steam propulsion plants, the Navy itself had to undertake the design and technical documentation of these complex and state-of-the-art warships and included systems. To accomplish this, the Navy maintained an engineering establishment with many different engineering specialties. The Navy’s engineering workforce was the most diverse and advanced in the nation. (Id., at p. 4). 17. Following the Navy’s development of the preliminary design package for a warship, which was comprised of a myriad of individual mechanical and electrical components connected together in intricate ways, the Navy undertook to design the procurement contract. (Id., at pp. 5-6). As there was no one source from which the Navy could obtain the complex warship systems and subsystems, Navy engineers had to identify sources Case 2:15-cv-06394-LMA-DEK Document 229-2 Filed 08/17/16 Page 3 of 14 4 from which they could procure individual components, such as pumps, which would later be assembled into the Navy’s complete systems. (Id., at p. 6). 18. The detailed designs of all equipment had to fully comply with the plethora of Navy design guidance developed from previous experience. (Id., at pp. 6). The contract design package involved multiple government decisions which were subject to various Navy and other federal guidance and regulations, such as Federal Specifications, Federal Acquisition Regulations and Defense Federal Acquisition Regulations. (Id.) 19. A design contract for a Navy destroyer typically took at least two years to complete, with thousands of man-years of effort from engineers, logisticians, contract and legal specialists. (Id., at p. 8). 20. The Navy developed thousands of specifications called, since the 1950s, Military Specifications (MILSPECs) for use in the contract design package. (Id., at p. 6). Those MILSPECs were developed for various specific materials, equipment, components, books, manuals, and label plates. (Id.) 21. The MILSPECs presented very detailed descriptions of the government’s requirements for procured items, including requirements relating to chemical composition, dimensions, testing and performance demonstration, labeling, and packing and shipping. (Id., at p. 6- 7) An acquisition contract typically invoked many different MILSPECs and various technical documents, such as drawings, prepared by the Navy’s Bureau of Ships (“BUSHIPs”); taken together the contract and the incorporated materials presented all details of what the Navy required from its vendors. (Id., at 7-8). Case 2:15-cv-06394-LMA-DEK Document 229-2 Filed 08/17/16 Page 4 of 14 5 22. The Navy drafted, approved and maintained MILSPECs for any equipment, such as pumps, intended for use aboard Navy ships, and, once promulgated, only the Navy could modify those specifications. (Id., at p. 7). 23. Manufacturers of system components, such as pumps, procured by the Navy were required to fully comply with technical specifications in order for the Navy to accept the equipment being manufactured, tested, and shipped. (Id.) 24. The incredible level of detail contained in the MILSPECs was necessary to ensure commonality across systems with similar components and to ensure that replacement parts, equipment, and consumable materials, which were being supplied by different manufacturers, would perform as desired. (Id., at p. 7). 25. In order to ensure that aircraft carriers and other warships could achieve the significantly high speeds required by the Navy, the Navy designed and developed sophisticated high- pressure steam propulsion systems with steam pressures of 600 pounds per square inch and the ability to superheat the steam to 850 degrees Fahrenheit. With such increased pressures and temperatures came the need for much improved insulation technologies, both for plant efficiency and for operator comfort and safety. (Id., at p. 9). 26. As a result, the Navy, which maintained significant expertise in the important areas of heat transfer and insulation, developed manuals, specifications and lagging schedules, that contained detailed instructions as to the type of insulating materials to be used, the amount of those materials to be used, and the manner in which they were to be applied. (Id., at pp. 9-13). 27. Because of its low thermal conductivity, light weight, strength, refractoriness, and fire resistance, the Navy specified for the use of asbestos-containing insulation, some of Case 2:15-cv-06394-LMA-DEK Document 229-2 Filed 08/17/16 Page 5 of 14 6 which contained amosite asbestos, for use in certain applications. (Id.) In fact, throughout the World War II and post-World War II era, the vast majority of thermal insulating materials used aboard Navy vessels, including those identified in this case by Mr. Bell, contained asbestos. (Id., at p. 12; see also Exhibit 9, at ¶¶ 30-31.) 28. During World War II, asbestos was so important to Navy warships, that it was assigned a high priority in the government’s critical materials allocation process. A very large percentage of all asbestos available was allocated to the needs of the Navy for use in insulation for ship construction. (Exhibit 10, at p. 12). 29. Taken as a whole, the Navy applied thousands of tons of asbestos-containing thermal insulation aboard its vessels from the 1930s through the 1970s. (Id.) 30. Equipment manufacturers, such as Warren, were not consulted by the Navy with respect to the application of insulation to their equipment and had no control over the types and quantities of insulation products that might be used in conjunction with their equipment. (Id., at p. 12, 35). 31. In addition to specifications for insulation materials, the Navy developed specifications for gaskets and packing to be utilized in conjunction with equipment, such as pumps. (Id., at pp. 13, 29, 35, 37). Gaskets and packing are sealing materials for fixed and rotating mechanical joints. (Id., at p. 29). Many gaskets and packing used in high temperature systems aboard Navy ships contained asbestos. (Id., at 13, 29). 32. Any gaskets or packing supplied by IMO for use in conjunction with its pumps were required, by the Navy’s specifications, to be of a type approved by the Navy for the particular pump application ordered by the Navy. (See Exhibit 10, at 37). Case 2:15-cv-06394-LMA-DEK Document 229-2 Filed 08/17/16 Page 6 of 14 7 33. In order to avoid the unnecessary loss of time and money that would occur if each equipment vendor had to individually find component vendors that met the Navy’s demanding specifications, the Navy developed a Qualified Product List (“QPL”) which listed those vendors who the Navy had identified as having met its specifications with respect to specific component parts and materials for use in conjunction with equipment to be installed aboard Navy ships. (Id., at pp. 30-31). The Navy thus essentially pre- certified to equipment manufacturers that, if they utilized a specific product listed in a QPL, they had met the Navy’s specifications as to that particular product. (Id.) 34. In addition to specifications specific to each material, component and piece of equipment procured by the Navy, the Navy also developed specifications and detailed requirements regarding all written materials to be supplied therewith. (Id., at pp. 14-18). 35. Equipment manufacturers were required to supply drawings and plans and, at times, technical manuals for the equipment procured by the Navy. (Id., at p. 15). The applicable specifications included strict instructions both as to the labeling and packaging of the components and equipment and as to all technical documentation procured with them. (Id., at pp. 15). 36. In order to achieve its objective of ensuring that any marking on a piece of equipment filled a specific informational role for the specific Navy audience and environment, the Navy developed precise specifications as to the nature of any markings, communication or directions affixed to equipment supplied to the Navy. (Id., at p. 15). 37. Equipment manufacturers would not have been permitted, under the specifications, associated regulations and procedures, nor under the actual practice as it evolved in the field, to vary or to deviate in any respect from the Navy specifications in supplying Case 2:15-cv-06394-LMA-DEK Document 229-2 Filed 08/17/16 Page 7 of 14 8 equipment, including affixing any type of warning or caution statement to equipment intended for installation in a Navy ships, beyond those specifically required by the Navy without prior discussion and express approval by the Navy. (Id., at pp. 15-16) 38. The Navy likewise had precise specifications regarding the nature of any written materials to be delivered with equipment procured by the Navy. (Id., at p. 16) This written material included a variety of formats, such as design drawings, system schematics, and operator reference materials to assist the equipment operators in operating, servicing and maintaining such equipment. (Id.) 39. For certain equipment which required operator involvement in start-up, operation and shutdown, equipment manufacturers were at times required by the procurement contract to supply the Navy with a defined number of copies of an instruction book (also known as a technical manual). (Id., at pp. 14-16). 40. The purpose of such technical manuals was to provide technical information specific to the equipment with a focus on its operation, including the avoidance of injuries or accidents that might occur during operation. (Id., at pp. 14-15) Thus, only warnings and cautions concerning immediate hazards unique to the operation and maintenance of that specific piece of equipment were to be included in a technical manual. (Id., at p. 15; see also Sworn Report of Samuel A. Forman, M.D., attached hereto as Exhibit 11, and fully incorporated herein by reference, at ¶¶ 81-85). 41. The Navy participated intimately in the preparation and review of the technical manuals in a standardized format used by the Navy. (Exhibit 9, at p. 16). 42. The Navy dictated, reviewed and approved the contents of all technical manuals, including any cautionary language or emphasis. It approached this process in an exacting Case 2:15-cv-06394-LMA-DEK Document 229-2 Filed 08/17/16 Page 8 of 14 9 manner, often creating lengthy memoranda detailing word-by-word line items to the content of technical manuals submitted for approval, including the wording of any warnings. (Id.) 43. Because technical manuals for equipment were not readily accessible to all personnel, they were not appropriate locations for warnings and cautions relating to general or widespread shipboard health issues, such as asbestos. (Exhibit 10, at pp. 15-18). 44. Moreover, information provided with regard to equipment had to be consistent with the Navy’s overall evaluation of the appropriate types and level of information that the millions of uniformed and civilian personnel employed by the Navy required to efficiently perform their job responsibilities under a variety of circumstances. (Exhibit 10, at pp. 16). 45. Uniformity and standardization of all communications, particularly safety information, are critical to the operation of the Navy and its ships. The Navy simply could not operate safely and effectively if inconsistent safety warnings were provided to its personnel by the different manufacturers of equipment and materials. (Id., at pp. 16-17). 46. Consistent with its objective of ensuring that all documentation with which its personnel were provided was thoroughly consistent with the Navy’s overall training and procedures, the Navy would not have permitted equipment suppliers, such as IMO, to place asbestos-related warnings on equipment, equipment containers, or in technical manuals or other documentation provided with that equipment. (Id., at pp. 17-18, 38-39; Exhibit 13, at ¶¶ 32-34, 66-88, 113-115). 47. As asbestos-related health issues were ubiquitous in Navy environments, the Navy chose to address those issues-not with warnings on equipment or in manuals provided by Case 2:15-cv-06394-LMA-DEK Document 229-2 Filed 08/17/16 Page 9 of 14 10 equipment manufacturers and not even with warnings in the Navy’s own manuals relating to equipment, insulation, gaskets or packing-but instead through precautionary work practices and procedures developed by the Navy’s Bureau of Medicine (“BUMED”) and provided to particular personnel via a litany of instructions, bulletins and other communications by the Navy. (Exhibit 10, at pp. 17, 37-38). 48. In sum, the Navy’s specifications reflected the contemporaneous state-of-the-art and the special needs of Navy ships, including considerations for the safety and protection of the crew aboard fighting ships. (Exhibit 10, at p. 36). IMO’s Conformance with the Navy’s Specifications 49. Compliance with the Navy’s standards and specifications issued for equipment supplied for ultimate use aboard Navy ships was directly monitored by Naval Machinery Inspectors under both of the following divisions: (a) Machinery Inspectors under the Bureau of Supplies and Accounts worked on-site at vendor facilities, such as Warren Pumps’ manufacturing facilities; and (b) Machinery Inspectors under BUSHIPs/NAVSEA carried out their responsibilities at the shipbuilding yards. These Inspectors, exercised primary, front line control and direction over the work performed for the Navy by original equipment manufacturers. (Exhibit 10, at p. 36). 50. As part of that policy, every pump intended for use aboard a Navy ship was required by the Navy to be fully tested and inspected to ensure it conformed to the Navy’s specifications. (See Exhibit 8 at p. 107:7-13) 51. IMO’s equipment could not have been installed in Navy ships, including those allegedly encountered by Mr. Bell, unless that equipment was first determined by the Navy to be in conformity with all applicable Navy specifications. (Exhibit 10, at p. 37). Case 2:15-cv-06394-LMA-DEK Document 229-2 Filed 08/17/16 Page 10 of 14 11 52. With respect to technical manuals provided with certain pumps supplied by IMO to the Navy, IMO was required to submit a draft of the manual to the Navy for detailed review and feedback. (Id., at p. 16.) 53. Once the draft manual was found to be acceptable to the Navy, a BUSHIPs number was assigned and the manual became an official BUSHIPs document, the contents of which were controlled by the Navy. (Id.) The Navy’s State-of-the-Art Knowledge about Asbestos Hazards 54. Consistent with the Navy’s interpretation of the importance of industrial hygiene and occupational health, the Navy’s programs in these areas have paralleled, and at times led, the development of occupational medicine and industrial hygiene in general, and asbestos-related issues in particular. (Exhibit 11, at ¶ 26). 55. The Navy’s knowledge of asbestos-related health conditions has been quite complete when compared to available knowledge over time, and at least by the early 1940s, the Navy had become a leader in the field of occupational medicine relating to, among other things, asbestos dust inhalation exposure. (Id.) 56. As early as 1922, the Navy recognized, as exemplified by its instructions to officers published in the Navy Medical Bulletin, the health hazards associated with airborne asbestos dust and the appropriate protective measures to prevent asbestos exposure, including the use of water to dampen dust, exhaust systems to remove dust, enclosed chambers to prevent escape of dust and respirators. (Id., at ¶ 27; see also Excerpts of the November 1922 United States Navy Medical Bulletin, attached hereto as Exhibit 12). 57. The Navy’s knowledge of potential asbestos-related health problems, and of the means to control against them, continued to expand throughout the following decades, as senior Case 2:15-cv-06394-LMA-DEK Document 229-2 Filed 08/17/16 Page 11 of 14 12 Navy officers actively assessed, evaluated, controlled, and made recommendations concerning Navy policy regarding disease and injury prevention, including asbestos- related occupational health hazards. (Exhibit 11, at ¶ 27). 58. For instance, in the 1939 Handbook of the Navy Hospital Corps published by the Bureau of Medicine and Surgery under the direction of the Secretary of the Navy, the Navy called for the Navy medical officer to “advise the safety engineer and instruct the employees in safety measures and encourage them to cooperate in protective measures.” These safety measures included required “masks for asbestos workers.” (Id.; at ¶ 29; see also Excerpts of the 1939 Handbook of the Hospital Corps - United States Navy, attached hereto as Exhibit 13, at p. 520). 59. Also in 1939, the Annual Report of the Surgeon General of the Navy addressed the “Hazard of Asbestosis,” wherein it described asbestosis as “an industrial disease of the lungs incident to inhalation of asbestos dust for prolonged periods.” The Report noted the risk from “continued exposure to present occupational conditions” at Navy facilities, and directed appropriate methods for preventing such exposures, recommending the use of local exhaust ventilation to control asbestos dust exposure for insulators in the fabrication shop. (Exhibit 11, at ¶ 30; see also Excerpts of the 1939 Annual Report of the Surgeon General - U.S. Navy, attached hereto as Exhibit 14, at p. 24). 60. At about the same time, Navy Captain E.W. Brown undertook an assessment of asbestos exposure, and its prevention, in Navy yards. In his 1941 article entitled “Industrial Hygiene and the Navy in National Defense,” Captain Brown prescribed appropriate measures for the prevention of asbestos exposure. These included use of respirators, local exhaust ventilation, and wetting of asbestos containing materials. (Exhibit 11, at ¶ 31; see Case 2:15-cv-06394-LMA-DEK Document 229-2 Filed 08/17/16 Page 12 of 14 13 also Excerpts of Ernest W. Brown, M.D, “Industrial Hygiene and the Navy in National Defense,” attached hereto as Exhibit 15, at p. 3-15). 61. Health and safety issues, including those relating to asbestos exposure, continued to be a major focus of the Navy throughout World War II. In 1943, the Navy declared its responsibility for the safety and health of their workers and took charge of implementing and staffing safety and health programs for those workers. Following extensive discussion with various constituencies, the Navy and the Maritime Commission jointly issued “Minimum Requirements for Safety and Industrial Health in Contract Shipyards,” which identified asbestos-related disease as a potential hazard of shipyard work and advised as to how such work could be “done safely.” (Exhibit 11, at ¶¶ 36-38; see also U.S. Navy Dept. and U.S. Maritime Commission, 1943, “Minimum Requirements for Safety and Industrial Health in Contract Shipyards,” attached hereto as Exhibit 19). 62. The Navy’s continued commitment to address asbestos-related health concerns of Navy workers during subsequent decades is further evidenced by dozens of other documents generated by the Navy and consultants it retained during the war years. (Exhibit 11, at ¶¶ 39-57). 63. For example, a 1950 General Safety Rules Manual issued by the Puget Sound Naval Shipyard instructed workers to “[w]ear dust type or air-fed respirators for . . . handling amosite [asbestos] insulating materials. . . .”, and a 1954 Norfolk Naval Shipyard safety manual listed pipe covering as a “hazardous occupation” due to “asbestos exposure.” (Exhibit 11, at ¶ 45) 64. As it relates specifically to the handling of asbestos-containing gaskets and packing, the Navy regarded those materials as negligible sources of asbestos exposure, and even Case 2:15-cv-06394-LMA-DEK Document 229-2 Filed 08/17/16 Page 13 of 14 14 concluded, in a December 9, 1968 U.S. Department of the Navy Memorandum, that they did not present a significant health hazard because the asbestos fibers were bound and not friable when cut. (Exhibit 11, at ¶ 105-106). 65. At all times relevant to this case, the Navy had state-of-the-art knowledge concerning asbestos related hazards; and, in fact, made the considered decision to develop and implement robust safety and health programs to address those hazards in a manner consistent with the Navy’s needs and goals. (Exhibit 11, at ¶¶ 21-23, 113-115). Respectfully submitted: KUCHLER POLK SCHELL WEINER & RICHESON, LLC /s/Joseph H. Hart, IV LEIGH ANN SCHELL (#19811) JOSEPH H. HART, IV (#21434) THOMAS A. PORTEOUS (#27039) LORI A. WATERS (#29636) MAGALI A. PUENTE (#27279) 1615 Poydras Street, Suite 1300 New Orleans, Louisiana 70112 Telephone: (504)-592-0691 Facsimile: (504)-592-0696 Email: lschell@kuchlerpolk.com jhart@kuchlerpolk.com tporteous@kuchlerpolk.com lwaters@kuchlerpolk.com mpuente@kuchlerpolk.com Counsel for IMO Industries, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have on this 15th day of August, 2016, served the foregoing on all counsel of record via the EDLa’s ECF system. /s/Joseph H. Hart, IV JOSEPH H. HART, IV Case 2:15-cv-06394-LMA-DEK Document 229-2 Filed 08/17/16 Page 14 of 14 Vedros v. Northrop Grumman Shipbuilding, Inc., Not Reported in F.Supp.3d (2014) © 2016 Thomson Reuters. No claim to original U.S. Government Works. 1 2014 WL 1093678 Only the Westlaw citation is currently available. United States District Court, E.D. Louisiana. VEDROS, et al v. NORTHROP GRUMMAN SHIPBUILDING, INC., et al. Civil Action No. 11-1198. | Signed March 14, 2014. Attorneys and Law Firms Gerolyn Petit Roussel, Jonathan Brett Clement, Lauren Roussel Clement, Perry Joseph Roussel, Jr., Roussel & Clement, Laplace, LA, for Vedros, et al. Gary Allen Lee, Anita Ann Cates, Lee, Futrell & Perles, LLP, Adam Devlin Demahy, Samuel Milton Rosamond, III, Taylor, Wellons, Politz & Duhe, APLC, Deborah DeRoche Kuchler, Alexandra Lamothe, Ernest G. Foundas, Francis Xavier Deblanc, III, Lee Blanton Ziffer, McGready Lewis Richeson, Michael H. Abraham, Robert Edward Guidry, Sophia L. Lauricella, Kuchler Polk Schell Weiner & Richeson, LLC, Susan Beth Kohn, Douglas Kinler, James R. Guidry, Michael David Harold, Simon, Peragine, Smith & Redfearn, LLP, John Joseph Hainkel, III, Angela M. Bowlin, James H. Brown, Jr., Meredith K. Keenan, Peter R. Tafaro, Rebecca Abbott Zotti, Frilot L.L.C., Glenn Gill Goodier, William P. Wynne, Jones Walker, New Orleans, LA, Brian C. Bossier, Christopher Thomas Grace, III, Edwin A. Ellinghausen, III, Erin Helen Boyd, Blue Williams, LLP, Christopher Kelly Lightfoot, Jevan Smoot Fleming, Richard J. Garvey, Jr., Hailey, McNamara, Hall, Larmann & Papale, Metairie, LA, for Northrop Grumman Shipbuilding, Inc., et al. ORDER AND REASONS CARL J. BARBIER, District Judge. *1 Before the Court is a Motion for Summary Judgment filed by Defendant General Electric Company (“GE) (Rec.Doc.204), as well as Plaintiffs' Opposition (Rec.Doc.246) and GE's Reply (Rec.Doc.271). Having considered the motion, the parties' submissions, the record, and the applicable law, the Court finds, for the reasons expressed below, that the Motion for Summary Judgment should be GRANTED. PROCEDURAL AND FACTUAL BACKGROUND This action arises from the death of Sally Gros Vedros (“Vedros”) due to mesothelioma. Alton Gros, Vedros's father, worked at Avondale as a welder from 1943 to 1976, and Vedros claims to have spent many years washing her father's work clothes, which allegedly resulted in Vedros's secondary exposure to insulation dust containing asbestos. Vedros also worked at Avondale from 1960 to 1963 in the purchase department, and she claims that she was directly exposed to asbestos while she worked at Avondale. Before her death, Vedros filed suit against many defendants, including GE, and after Vedros's death, her children joined the suit as plaintiffs. PARTIES' ARGUMENTS Plaintiffs allege that GE manufactured metal turbines that were used at Avondale and that were specifically used in Lykes vessels, upon which Vedros's father worked. GE has provided deposition testimony that the turbines provided to Avondale were bare metal turbines and that any asbestos-containing insulation used in the turbines was installed after the turbines were delivered to Avondale. GE contends that it did not manufacture, sell, supply, or distribute any asbestos-containing insulation to Avondale, only the metal turbines, and Plaintiffs do not offer evidence to dispute this. Plaintiffs do not appear to allege that GE manufactured, sold, supplied, or distributed asbestos-containing insulation, but Plaintiffs do allege that GE employees were sometimes present and observed Avondale employees installing asbestos- containing insulation onto or around the turbines, and that GE employees themselves may have installed some insulation in the turbines while at Avondale. LEGAL STANDARD Summary judgment is appropriate when “the pleadings, the discovery and disclosure materials on file, and any Case 2:15-cv-06394-LMA-DEK Document 229-3 Filed 08/17/16 Page 1 of 3 Vedros v. Northrop Grumman Shipbuilding, Inc., Not Reported in F.Supp.3d (2014) © 2016 Thomson Reuters. No claim to original U.S. Government Works. 2 affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (citing FED. R. CIV. P. 56©); Little v. Liquid Air Corp., 37 F.2d 1069, 1075 (5th Cir.1994). When assessing whether a dispute as to any material fact exists, the Court considers “all of the evidence in the record but refrains from making credibility determinations or weighing the evidence.” Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co., 530 F.3d 395, 398 (5th Cir.2008). The Court will examine the evidence in the light most favorable to the nonmoving party. Naquin v. Fluor Daniel Servs. Corp., 935 F.Supp. 847, 848 (E.D.La.1996) (citing United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962)). While all reasonable inferences are drawn in favor of the nonmoving party, a party cannot defeat summary judgment with conclusory allegations or unsubstantiated assertions. Little, 37 F.2d at 1075. A Court ultimately must be satisfied that “a reasonable jury could not return a verdict for the nonmoving party.” Delta, 530 F.3d at 399. *2 If the dispositive issue is one on which the moving party will bear the burden of proof at trial, the moving party “must come forward with evidence which would ‘entitle it to a directed verdict if the evidence went uncontroverted at trial.’ “ Int'l Shortstop, Inc. v. Rally's, Inc., 939 F.2d 1257, 1263-64 (5th Cir.1991) (citation omitted). The nonmoving party can then defeat the motion by either countering with sufficient evidence of its own, or “showing that the moving party's evidence is so sheer that it may not persuade the reasonable fact-finder to return a verdict in favor of the moving party.” Id. at 1265. If the dispositive issue is one on which the nonmoving party will bear the burden of proof at trial, the moving party may satisfy its burden by merely pointing out that the evidence in the record is insufficient with respect to an essential element of the nonmoving party's claim. See Celotex, 477 U.S. at 325. The burden then shifts to the nonmoving party, who must, by submitting or referring to evidence, set out specific facts showing that a genuine issue exists. See id. at 324. The nonmovant may not rest upon the pleadings but must identify specific facts that establish a genuine issue for trial. See, e.g., id. at 325; Little, 37 F.3d at 1075. DISCUSSION The Court finds that Plaintiffs have failed to present sufficient evidence that Vedros was exposed to asbestos that was manufactured, sold, supplied, or distributed by GE. Plaintiffs have not submitted any evidence to rebut GE's evidence that GE only manufactured and distributed bare metal turbines and not asbestos- containing insulation. Counsel for Plaintiffs make a number of vague and conclusory statements in the Opposition that are not supported by the affidavits or depositions to which Plaintiffs' Counsel cites. It appears that, despite the vague and conclusory allegations of Plaintiffs' Counsel, any asbestos-containing materials applied to the GE turbines were applied by insulators employed by Avondale, not by employees of GE. Based on the deposition testimony, it appears that GE inspectors may have been present during the installation of the GE turbines. This is not sufficient to hold GE liable for the acts of Avondale's insulators. It therefore appears that Plaintiffs' only viable argument is that GE, as the manufacturer or distributer of the turbines, should be held liable for the asbestos-containing materials that were manufactured, distributed, and attached to the turbines by third parties. The Sixth Circuit appears to be “the only federal court of appeals to consider” the liability of defendants for asbestos-containing products manufactured or distributed by third parties. Conner v. Alfa Laval, Inc., 842 F.Supp.2d 791, 797 (E.D.Pa.2012); Lindstrom v. A-C Prod. Liab. Trust, 424 F.3d 488 (6th Cir.2005)). The Sixth Circuit “confirmed that a manufacturer is not liable for asbestos-containing components and replacement parts it did not manufacture or distribute.” Id. (internal citations omitted) (citing Lindstrom, 424 F.3d 488 and Stark v. Armstrong World Indus., Inc., 21 Fed. App'x 371 (6th Cir.2001)). *3 In Stark, the plaintiff brought suit against a manufacturer of boilers, alleging that he worked in a boiler room and was exposed to asbestos-containing products that were attached to the boilers. Stark, 21 Fed. App'x at 381. The Sixth Circuit found that the boiler manufacturer was not liable because it did not manufacture or distribute the asbestos-containing products, only the boilers. Id . Similarly, in Lindstrom, the Sixth Circuit found that a defendant that manufactured Case 2:15-cv-06394-LMA-DEK Document 229-3 Filed 08/17/16 Page 2 of 3 Vedros v. Northrop Grumman Shipbuilding, Inc., Not Reported in F.Supp.3d (2014) © 2016 Thomson Reuters. No claim to original U.S. Government Works. 3 water pumps and air compressors was not liable for asbestos-containing products that were attached to the pumps and compressors post-manufacture because the defendant did not manufacture or distribute the asbestos-containing products. Lindstrom, 424 F.3d at 497. Additionally, it is clear that under products liability law, a manufacturer cannot be held liable for a failure to warn of the dangers of a product made by another manufacturer. Conner, 842 F.Supp.2d at 799 (citing Braaten v. Saberhagen Holdings, 165 Wash.2d 373, 198 P.3d 493, 503-04 (Wash.2008)). Because Plaintiffs have not submitted sufficient evidence to show that GE manufactured, sold, supplied, or distributed any asbestos-containing products to Avondale, or that GE employees attached any asbestos- containing materials to the turbines at Avondale, Plaintiffs' claims against GE cannot survive summary judgment, and their claims should be dismissed with prejudice. CONCLUSION Accordingly, IT IS HEREBY ORDERED that the Motion for Summary Judgment (Rec.Doc.204) is GRANTED. IT IS FURTHER ORDERED that all of Plaintiffs' claims against Defendant General Electric Company are hereby DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the oral argument, currently set for Wednesday, March 26, 2014, is CANCELLED with respect to Rec. Doc. 204. IT IS FURTHER ORDERED that all other motions pending in the above-captioned matter remain unaffected by this order. All Citations Not Reported in F.Supp.3d, 2014 WL 1093678 End of Document © 2016 Thomson Reuters. No claim to original U.S. Government Works. Case 2:15-cv-06394-LMA-DEK Document 229-3 Filed 08/17/16 Page 3 of 3 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA WILLIAM BELL * Civil Action VERSUS No.2:15-cv-06394 Judge Morgan FOSTER-WHEELER ENERGY Mag. Knowles CORP., ET AL * * * * * * * * * * * * Videotaped Perpetuation Deposition of WILLIAM CHARLES BELL, 3517 Clearview Parkway, New Orleans, Louisiana 70006, given at the offices of Roussel & Clement, 1550 West Causeway Approach, Mandeville, Louisiana 70471, on Wednesday, December 2, 2015. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 1 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 2 1 APPEARANCES: 2 3 REPRESENTING PLAINTIFF: 4 ROUSSEL & CLEMENT 5 (BY: GEROLYN P. ROUSSEL, ESQUIRE 6 JONATHAN B. CLEMENT, ESQUIRE) 7 1550 West Causeway Approach 8 Mandeville, Louisiana 70471 9 10 REPRESENTING CONTINENTAL MOTORS, INC.: 11 IRWIN, FRITCHIE, URQUHART & MOORE 12 (BY: DAVID M. MELANCON, ESQUIRE) 13 Suite 2700 14 400 Poydras Street 15 New Orleans, Louisiana 70130 16 17 18 REPRESENTING YORK INTERNATIONAL CORP.: 19 TYNER, EATON & FULCE, PLLC 20 (BY: ROCKY W. EATON, ESQUIRE) 21 Post Office Box 1646 22 Hattiesburg, Mississippi 39403 23 24 25 APPEARANCES CONTINUED: Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 2 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 3 1 2 REPRESENTING CAMERON INTERNATIONAL CORP.: 3 DEUTSCH, KERRIGAN & STILES 4 (BY: A. WENDEL STOUT, III, ESQUIRE) 5 755 Magazine Street 6 New Orleans, Louisiana 70130 7 8 REPRESENTING WARREN PUMPS: 9 KUCHLER, POLK, SCHELL, WEINER & 10 RICHESON 11 (BY: MAGALI A. PUENTE, ESQUIRE) 12 1615 Poydras Street 13 Suite 1300 14 New Orleans, Louisiana 70112 15 16 REPRESENTING GOULDS PUMPS, INC.: 17 PUGH ACCARDO 18 (BY: JACQUELINE A. ROMERO, ESQUIRE 19 SHELLEY L. THOMPSON, ESQUIRE) 20 1100 Poydras Street 21 Suite 3200 22 New Orleans, Louisiana 70163 23 24 25 APPEARANCES CONTINUED: Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 3 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 4 1 2 REPRESENTING GE, CBS CORP. AND FOSTER-WHEELER 3 ENERGY CORP.: 4 FRILOT, LLC 5 (BY: PETER R. TAFARO, ESQUIRE) 6 1100 Poydras Street 7 Suite 3700 8 New Orleans, Louisiana 70163 9 10 11 REPRESENTING AIR & LIQUID SYSTEMS CORP.: 12 HUBBARD, MITCHELL, WILLIAMS & STRAIN 13 (BY: RICHARD D. MITCHELL, ESQUIRE) 14 1062 Highland Colony Parkway 15 Suite 222 16 Ridgeland, Mississippi 39157 17 18 REPRESENTING CRANE CO.: 19 DOGAN & WILKINSON 20 (BY: BARRY C. CAMPBELL, ESQUIRE) 21 3900 North Causeway Blvd. 22 Suite 1200 23 Metairie, Louisiana 70002 24 25 APPEARANCES CONTINUED: Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 4 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 5 1 2 REPRESENTING AURORA PUMP AND ATWOOD & MORRILL: 3 DEUTSCH, KERRIGAN & STILES 4 (BY: JENNIFER ADAMS, ESQUIRE) 5 755 Magazine Street 6 New Orleans, Louisiana 70130 7 8 9 10 VIDEO BY: HART VIDEO OF LOUISIANA 11 KEN HART, CLVS 12 13 REPORTED BY: 14 ROGER D. JOHNS, CCR, RPR 15 CERTIFIED COURT REPORTER #74010 16 17 18 19 20 21 22 23 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 5 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 6 1 S T I P U L A T I O N 2 IT IS STIPULATED AND AGREED by and 3 among counsel for the parties hereto that the 4 deposition of the aforementioned witness is 5 being taken for perpetuation purposes within 6 the Federal Rules of Civil Procedure, in 7 accordance with law, pursuant to notice; 8 That the formalities of reading and 9 signing are specifically waived; 10 That the formalities of filing, 11 sealing, and certification are specifically 12 waived. 13 14 * * * 15 16 17 18 19 20 ROGER D. JOHNS, CCR, Certified Court 21 Reporter in and for the State of Louisiana, 22 officiated in administering the oath to the 23 witness. 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 6 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 7 1 I N D E X 2 PAGE 3 EXAMINATION BY MS. ROUSSEL 11 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 7 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 8 1 MR. TAFARO: 2 This is Peter Tafaro for CBS, GE, 3 and Foster-Wheeler. I want to reserve 4 all rights, defenses, exceptions that 5 my clients may have. We have not 6 filed responsive pleadings in this 7 matter yet. We only were recently 8 served. And we also would like to 9 object on the basis that no discovery 10 was provided to us prior to this 11 deposition, and reserve the rights to 12 either redepose Mr. Bell after we 13 obtain that information or we will 14 object to the testimony being used 15 against my clients as a result of 16 information we may deem later that we 17 do not have at this time. We are here 18 as a courtesy to Mr. Bell because we 19 understand that he is ill. 20 So with that on the record, I'm 21 willing to proceed. 22 MS. PUENTE: 23 Warren Pumps will join in the 24 objection and reservation. 25 MR. STOUT: Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 8 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 9 1 Cameron International 2 Corporation. 3 MS. ADAMS: 4 Jennifer Adams for Aurora Pump 5 and Atwood & Morrill. We also note an 6 objection to this deposition going 7 forward and are appearing as a 8 courtesy to Mr. Bell. 9 MS. ROMERO: 10 Goulds Pumps joins in that 11 objection as well. 12 MR. CAMPBELL: 13 Crane Co. joins as well. 14 MR. MITCHELL: 15 Air & Liquid Systems also. Thank 16 you. 17 MR. MELANCON: 18 Continental Motors, Inc. joins in 19 Mr. Tafaro's objection. 20 MR. EATON: 21 York International joins. 22 MS. ROUSSEL: 23 And Gerolyn Roussel for 24 Plaintiff, William Bell. All 25 Defendants were served with this Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 9 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 10 1 Notice of Deposition. I know for a 2 fact Mr. Hainkel's clients, General 3 Electric, Foster-Wheeler, and CBS were 4 served on or about November 2nd. They 5 were served with a Notice of 6 Deposition. Nobody filed any 7 objections prior to the statement this 8 morning and certainly nobody filed any 9 motion to quash, and certainly 10 Mr. Bell has mesothelioma; he is 11 scheduled for an extrapleural 12 pneumonectomy in Baylor on Monday. 13 Mr. Hainkel's clients, CBS, GE, and 14 Foster-Wheeler are well aware of that. 15 I have hearings both tomorrow in the 16 Kelly case and on Friday in the 17 Alberes case because they are in those 18 cases as well and, as I indicated, 19 nobody made an objection to this 20 deposition proceeding and nobody filed 21 a motion to quash. So we are prepared 22 to go forward with the deposition. We 23 have provided to the Defendants Mr. 24 Bell's Social Security itemized 25 statement of earnings. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 10 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 11 1 VIDEO OPERATOR: 2 This is the videotaped deposition 3 of William Bell. This deposition is 4 being taken in the matter of William 5 Bell versus Foster-Wheeler Energy 6 Corporation, et al; taken for the 7 United States District Court for the 8 Eastern District of Louisiana. The 9 Court Reporter is Roger Johns. 10 Mr. Johns, would you please swear 11 in the witness. 12 WILLIAM CHARLES BELL, 13 3517 Clearview Parkway, New Orleans, Louisiana 14 70006, after having been duly sworn by the 15 Court Reporter, did testify as follows: 16 EXAMINATION BY MS. ROUSSEL: 17 Q Sir, for the record state your name. 18 A William Charles Bell. 19 Q And your address? 20 A 3517 Clearview Parkway, New Orleans, 21 Louisiana 70006. 22 Q Mr. Bell, what's your date of birth? 23 A January 31st, 1943. 24 Q And, sir, we're here today because you 25 have been diagnosed with mesothelioma. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 11 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 12 1 A That's correct. 2 Q When were you diagnosed with 3 mesothelioma? 4 A Okay. I learned of this diagnosis on 5 September 3rd of this year. Now, of course, 6 this was from -- from a biopsy that the doctors 7 had done, you know, in August, so maybe they 8 knew then, but I -- I didn't know until 9 September 3rd. 10 Q So September 3rd of this year, 2015? 11 A Yes. 12 Q How did it come that you were 13 diagnosed with mesothelioma? 14 A Okay. Well, I had an asthma attack 15 and so I went and saw the doctor and he said, 16 "Oh, it's been five years since your last chest 17 X-ray. Let's just go ahead and do one just for 18 the ha-ha." So it came back cloudy and so he 19 said, "Well, you have fluid on the right side." 20 So they went in and they did a thoracentesis 21 it's called. That's where they drain the fluid 22 and they inspected it and they said, "Well, 23 it's --" They said, "Well, great news. 24 There's no cancer or indication of cancer or 25 anything." Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 12 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 13 1 So it persisted. They had to -- to do 2 like three of them over a period of a couple of 3 months. So they said, "Well, let's do a needle 4 biopsy." So they did a needle biopsy and they 5 came back and said, "Oh, great news, Mr. Bell. 6 You do not have cancer." 7 So this problem still persisted into 8 -- into April of 2014 and they said, "Well, 9 let's -- let's -- let's go ahead and do a 10 surgery to take a larger sample in case the 11 needle biopsy missed -- missed the cancer 12 cells." So they did that and they came back 13 and said, "Great news, Mr. Bell. You don't 14 have cancer." Said, "We're not entirely sure 15 what this is, but you don't have to worry about 16 it." 17 So basically at that -- That surgery 18 was done on -- I believe that was April 29, 19 2014. So from then on it was just follow-up 20 X-rays every three months just to see that 21 everything was fine. And I stopped having 22 fluid problems and so on and so forth. 23 So it went for around the 18 months, 24 until July of this year and it was just a 25 regular follow-up X-ray. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 13 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 14 1 Pardon me. I have to load up on 2 oxygen every so often. 3 So the follow-up X-ray came back 4 cloudy and they said, "Let's do a CT scan." So 5 that came back looking bad and so Dr. Jackson, 6 who's my pulmonologist, said, "Well, let's do 7 the needle biopsy again." And I was thinking, 8 "Oh, come on, Doc. We have been -- We have 9 been around this treatment before. It's not 10 cancer." But they did the needle biopsy and it 11 came back positive this time. And so that's -- 12 On the 3rd of September, that's when Dr. 13 Jackson -- excuse me -- that's when Dr. Jackson 14 notified me of the situation. 15 Now, while this was going on, he had 16 asked me if I had any exposure to asbestos. I 17 said, "Well, yeah. I was in the Navy. I 18 worked eight years as a machinist's mate down 19 in steam-driven engine rooms, so on and so 20 forth." So anyway, he immediately, I mean, on 21 the 3rd, I went to his office. He said, "You 22 have this" and he said, "Will you please stay 23 here?" He walked right out and he called M.D. 24 Anderson. 25 Q Let me stop you for a minute. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 14 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 15 1 MS. ROUSSEL: 2 And this is off the video. 3 VIDEO OPERATOR: 4 Off the record. 5 MS. ROUSSEL: 6 But on the hard record. 7 Everybody here knows that this is 8 a perpetuation deposition. If you 9 have an objection, you need to make 10 your objection. No objections are 11 being reserved. So I did want to 12 state that for the record. 13 (Whereupon a discussion was held off 14 the record.) 15 VIDEO OPERATOR: 16 We're back on the record. 17 EXAMINATION BY MS. ROUSSEL: 18 Q Now, Mr. Bell, you said that you were 19 telling Dr. Jackson that you had been exposed 20 to asbestos. 21 A Yes. Well, it was one of the 22 questions they asked when he -- when he went 23 through the CT scan, because it -- The 24 mesothelium is kind of like a lining in the 25 chest. And when it thickens up, it smooshes Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 15 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 16 1 the lung down and it -- and prevents me from 2 breathing on this side (indicating). 3 Q Let me -- And let me just, I don't 4 mean to interrupt you, -- 5 A Okay. 6 Q -- but let me ask my next question. 7 Where were you exposed to asbestos? 8 A In the Navy. I served in the United 9 States Navy from June of 1960 through June of 10 1968, and I was in engineering department the 11 entire time. 12 Q And what equipment were you exposed to 13 asbestos from? 14 MR. TAFARO: 15 Object to form. 16 MS. ADAMS: 17 Object to form. 18 EXAMINATION BY MS. ROUSSEL: 19 Q Since there was an objection, describe 20 how you were exposed to asbestos. 21 A Okay. I was exposed to asbestos 22 primarily from maintaining the equipment. 23 We -- We had to do things like we had to repack 24 valves or we had to -- If -- If a steam valve 25 had to be repaired, we'd have to pull it out Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 16 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 17 1 and we'd have to make new gaskets to put -- to 2 put the valve back. And, for instance, when -- 3 when you changing the packing on a valve, you 4 have to get the old packing out, and so you 5 trying to use these things that look like 6 corkscrews to try and pull it out, or using pen 7 knives and stuff, and it's really hard. It's 8 like rocks. And so you are trying to see what 9 you're doing up in there, so you're going 10 (witness makes blowing sounds), you know, to 11 see what you got and, of course, it's blowing 12 this asbestos dust in the air all around. And 13 so that was a common occurrence on working on 14 valves. 15 Another one was, any time we were 16 making flanges, well, we were making gaskets in 17 the flanges, the asbestos comes in these sheet 18 rolls and it's called compressed asbestos. And 19 so you put it against the flange and you use a 20 ball peen hammer to cut it out and cut out all 21 the bolt holes and stuff. And so you can't let 22 this stuff get inside the pipe itself, because 23 that would ruin the equipment, so what you do 24 is you stuff it with a rag first; then you make 25 your gasket; and then you, of course, when you Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 17 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 18 1 pull the rag out, it blows all the stuff in the 2 air. And the sheet of asbestos, when you pound 3 on it, it's -- it's really fibrous. It's like 4 a very stiff wool and it breaks in fine little 5 pieces all the time. And you always brushing 6 it off and things like that (indicating). 7 And so primarily it was from -- my 8 exposure was from my doing maintenance on 9 valves, pumps, turbines, condensers, purifiers. 10 You name it. 11 The rest of the exposure that -- 12 Pardon me a minute. 13 The rest of the exposure I got was 14 when we were in shipyards, if -- I might not be 15 actually working on repairing a piece of 16 equipment, but I'd be sitting next to some guy 17 working on a piece of equipment and if he was 18 taking the old insulation off, it would be 19 exposing the stuff to the atmosphere and you 20 could actually see it like dust in the 21 atmosphere when you were doing really heavy 22 repairs, because it would have things like -- 23 The condensers were insulated on the outside, 24 and I remember we were doing a repair -- or the 25 shipyard was doing a repair on the auxiliary Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 18 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 19 1 condenser on the ship I was on and they were 2 trying to get the old insulation off and it 3 appeared to have been glued to the condenser. 4 So they were cutting it off, they were 5 chiseling it off, and for hours that engine 6 room was just a cloud of -- a cloud of asbestos 7 dust. 8 Q On that particular condenser, who 9 manufactured that condenser? 10 A That one, that was a Foster-Wheeler 11 condenser on that ship. Both -- Both -- I know 12 for absolutely sure that the auxiliary, which 13 was the one they were working on, was 14 Foster-Wheeler, because when they pull off the 15 insulation they have -- have the manufacturer's 16 name tag on it. They're little brass plates 17 that would be, or steel plates that would be 18 welded onto the -- onto the unit. 19 Q And on that particular condenser, you 20 said that it was Foster-Wheeler? 21 MR. TAFARO: 22 Objection, leading. 23 EXAMINATION BY MS. ROUSSEL: 24 Q Okay. 25 A Okay. Okay. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 19 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 20 1 Q Since there was an objection, on that 2 particular -- 3 A Those were Foster-Wheeler condensers. 4 Q Okay. Let me -- 5 MR. TAFARO: 6 Objection. 7 EXAMINATION BY MS. ROUSSEL: 8 Q Since there was an objection, let me 9 ask again. 10 A Okay. 11 Q Who manufactured that particular 12 condenser? 13 A Foster-Wheeler. 14 Q And when a major piece of equipment 15 like a condenser was being worked on, who would 16 have been present to oversee that? 17 A Okay. 18 MR. TAFARO: 19 Object to form. 20 THE WITNESS: 21 Now, when they doing really major 22 repairs, and this was a really major 23 repair because it was all corroded and 24 they were having to cut out with 25 welding torches, they were having to Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 20 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 21 1 cut out large chunks of the condenser 2 and put back with the, you know, the 3 electric welding stuff, and when they 4 do really major repairs like that, the 5 manufacturer wants a representative on 6 site to see that the shipyard is doing 7 this right, because they don't want 8 the Navy coming back on them three 9 months later, saying, "Look, this is a 10 piece of junk. Our ship went out to 11 sea and we got stuck because this 12 generator didn't work because they 13 didn't do it right." So -- 14 Excuse me. 15 So basically -- basically every 16 major repair of that nature had a 17 manufacturer's rep in the shipyards, 18 and you would know this because 19 shipyards are not places that people 20 just wander around a shipyard. It's 21 like an airport. You just don't 22 wander around the airport. You have 23 identification tags you had to wear 24 with, you know, with your picture on 25 it and stuff like that. And so -- so Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 21 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 22 1 that's how you could -- you could tell 2 who was what, who was a shipyard 3 worker, who was a rep, who was a 4 sailor. Well, the sailors wore Navy 5 uniforms, but, you know. 6 MR. TAFARO: 7 Object to the non-responsive 8 portion. 9 EXAMINATION BY MS. ROUSSEL: 10 Q When this Foster-Wheeler equipment was 11 being worked on and you were being exposed to 12 asbestos, did the Foster-Wheeler 13 representatives provide you with any kind of 14 warning -- 15 MR. TAFARO: 16 Object to form. 17 EXAMINATION BY MS. ROUSSEL: 18 Q -- with regard to the asbestos? 19 MR. TAFARO: 20 Object to form. 21 THE WITNESS: 22 There was never -- There was 23 never -- We were never given any 24 warnings about asbestos during the 25 eight years I served in the Navy. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 22 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 23 1 They said, "Asbestos is a mineral. 2 It's a rock. They dig it up out of 3 the ground. It's inert. It cannot 4 harm you. Don't worry about it." 5 Eight solid years that was the line. 6 MR. TAFARO: 7 Object to the non-responsive 8 portion. 9 EXAMINATION BY MS. ROUSSEL: 10 Q On any of this equipment, were there 11 ever any warnings with regard to asbestos? 12 MR. TAFARO: 13 Object to the form. 14 THE WITNESS: 15 No, ma'am. 16 MS. ADAMS: 17 Object to form. 18 THE WITNESS: 19 No, ma'am. 20 EXAMINATION BY MS. ROUSSEL: 21 Q Have you worked on component parts 22 such as safety valves with regard to 23 Foster-Wheeler equipment? 24 MR. TAFARO: 25 Object to form. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 23 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 24 1 THE WITNESS: 2 The -- As a matter of fact, yeah. 3 I did work on safety valves on -- on 4 the main condenser. You see, 5 condensers are intended to work in a 6 vacuum. And if they get pressurized, 7 that can destroy condenser. So they 8 have safety valves to prevent that 9 from happening. The pressure starts 10 to build up in the condenser, it opens 11 to the atmosphere and -- and prevents 12 a rupture of the condenser. 13 The problem is with safety 14 valves, they just sit there for years, 15 decades, at a time, and nobody knows 16 if they're really going to work when 17 they need to work. And so every so 18 often we would go and we would 19 manually lift the valves to be sure 20 that they weren't corroded shut; and 21 then -- then, on the other end, you 22 had to made sure the valve will shut 23 after you -- after you open it 24 manually. And at least 50 percent of 25 the time it didn't work, so we'd have Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 24 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 25 1 to take the valve out and replace the 2 valve. We'd send the valve to be 3 repaired somewhere, you know, and we'd 4 replace the valve. 5 Now, the thing is, that valve 6 itself wasn't insulated, but the 7 condenser was insulated with a layer 8 of insulation all around it and the 9 valve, of course, was bolted to the 10 condenser, so you have to get down in 11 the insulation to get that valve out. 12 And here again, you would be 13 aspirating the fibers into the air. 14 That's the real thing about asbestos, 15 is that it just breaks up in these -- 16 these tiny fibers and they just float 17 and float and float and float. 18 MR. TAFARO: 19 Object to the non-responsive 20 portion. 21 EXAMINATION BY MS. ROUSSEL: 22 Q And the safety valve and the 23 insulation that surrounded it, that was 24 component parts of that condenser? 25 A Oh, yeah. Yeah. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 25 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 26 1 MR. TAFARO: 2 Object to form. 3 THE WITNESS: 4 Yes. It comes that way. You -- 5 Those condensers wouldn't work if they 6 weren't insulated. They -- They come 7 from the manufacturer with all of that 8 on it. 9 MR. TAFARO: 10 Object to the non-responsive 11 portion. 12 EXAMINATION BY MS. ROUSSEL: 13 Q Now, when you were working on this 14 various equipment, and right now you're talking 15 about the condensers, but were there manuals 16 for you to do that work? 17 A Oh, yeah. Every -- Everything was 18 done by the book. Every piece of equipment on 19 every Navy ship in the world has a full 20 manufacturer's manual that's got drawings, it's 21 got specifications, it tells you what tools to 22 use and so on and so forth, and to the best -- 23 to the best of our ability we played by the 24 books. If the manufacturer said do step A, 25 step B, we did step A, step B. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 26 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 27 1 Q And that included the way you changed 2 the gaskets and removed the gaskets? 3 A Yeah. 4 MR. TAFARO: 5 Object to form. 6 THE WITNESS: 7 Yeah. 8 EXAMINATION BY MS. ROUSSEL: 9 Q Did that include instructions with 10 regard to your handling the component parts of 11 the equipment? 12 MR. TAFARO: 13 Object to form. 14 MS. ADAMS: 15 Object to form. 16 THE WITNESS: 17 Well, yeah, but it never 18 mentioned the asbestos. 19 EXAMINATION BY MS. ROUSSEL: 20 Q It never provided any warnings with 21 regard to asbestos? 22 A Never saw -- 23 MR. TAFARO: 24 Object to form. 25 THE WITNESS: Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 27 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 28 1 -- an asbestos warnings in my 2 life until after I was out of the Navy 3 and it became a real big deal. It 4 would be in the news about asbestos 5 and all of that. 6 EXAMINATION BY MS. ROUSSEL: 7 Q So that was many years later? 8 A That was -- That was after I was out 9 of the service did they start saying that how 10 dangerous asbestos is. 11 Q Now, you also talked about having to 12 work on component parts of turbines and work 13 around turbines. Who were the turbine 14 manufacturers from which you were exposed to 15 asbestos? 16 MR. TAFARO: 17 Object to form. 18 THE WITNESS: 19 Okay. The turbine manufacturers 20 were 99 percent of the time either 21 General Electric or Westinghouse. 22 EXAMINATION BY MS. ROUSSEL: 23 Q Were you exposed to asbestos from both 24 Westinghouse and General Electric? 25 MR. TAFARO: Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 28 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 29 1 Object to the form. 2 THE WITNESS: 3 I believe so. Yes. 4 EXAMINATION BY MS. ROUSSEL: 5 Q And how were you exposed to asbestos 6 from these turbines? 7 MR. TAFARO: 8 Object to form. 9 THE WITNESS: 10 Primarily -- Primarily it was to 11 work on the throttle valves. You see, 12 these turbines have to run at certain 13 specific speeds, a lot like -- For the 14 generators to keep the lights lit they 15 have to turn at -- at very precise 16 speeds. And these turbines -- these 17 throttle valves, the steam going 18 through would erode the valves until 19 they were out of spec and they could 20 no longer maintain the proper speed on 21 the turbines. So at that point we'd 22 have to shut down and pull the valve 23 and send it off to be repaired and 24 replace it with another valve. Or if 25 we were down in the shipyard, we'd -- Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 29 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 30 1 we may just wait for the old valve to 2 be repaired so we could replace that. 3 Now, here again, these valves 4 were bolted directly to the turbine 5 casing. They were part of the 6 assembly. And then again, the turbine 7 casing was coated in asbestos about 8 that thick (indicating). So these 9 valves were down in the -- in the 10 insulation and we'd have to reach down 11 in there and pull them out and send 12 them off for repair and put them back 13 again. 14 MR. TAFARO: 15 Object the non-responsive 16 portion. 17 EXAMINATION BY MS. ROUSSEL: 18 Q And how did you know that Westinghouse 19 turbine was manufactured by Westinghouse? 20 A Oh, it said so. It was -- It was cast 21 right into the casing. And plus, they would 22 have -- matter of fact, it would be cast into 23 the casing itself and then they would have the 24 manufacturer's tag. The manufacturer's tag 25 would give the serial number and the model Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 30 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 31 1 number and the -- you know, the capacities and 2 so on and so forth. So yeah, Westinghouse and 3 General Electric, I saw a million of those. 4 Q And so the same, how did you know that 5 those, that the General Electrics were General 6 Electric? 7 A Because that's what the sign said. 8 Q Now, in addition to being exposed from 9 component parts of Westinghouse turbines and in 10 addition to being exposed to component parts to 11 asbestos from component parts of General 12 Electric turbines, were you exposed when others 13 were working on those turbines? 14 MR. TAFARO: 15 I object to form. Compound, 16 leading. 17 EXAMINATION BY MS. ROUSSEL: 18 Q Since there was an objection to 19 compound, let me split it up. In addition to 20 being exposed to asbestos from component parts 21 of Westinghouse turbines, how else were you 22 exposed to asbestos from Westinghouse turbines? 23 MR. TAFARO: 24 Object to form. 25 THE WITNESS: Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 31 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 32 1 When the shipyard's workers were 2 working on equipment and I happened to 3 be around it. Now, in Westinghouse's 4 case, there's a very specific case in 5 Westinghouse. I was working at the 6 National Reactor Testing Center in 7 Idaho, and that was a facility that 8 was -- was run by Westinghouse for the 9 Navy. It was the prototype for the 10 USS ENTERPRISE aircraft carrier. And 11 the day that I was learning to operate 12 the turbines, to parallel them and to 13 put them online and take them offline, 14 Westinghouse was re- -- reinsulating 15 that room. It was -- It was an 16 enclosed -- enclosed space inside the 17 engine room. And so the Westinghouse 18 employees were all up -- We were down 19 trying to work on the generators. 20 They were all up taking old insulation 21 off -- off of the pipes in the 22 overhead and putting on the new 23 insulation, and -- and we were getting 24 in one another's way. And, oh, it was 25 a real mess. And, of course, I know Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 32 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 33 1 they were Westinghouse employees 2 because all their uniforms said 3 "Westinghouse." It was -- It was 4 embroidered right into the uniforms. 5 And so there was a lot -- there was a 6 lot of asbestos dust that day in that 7 operation at the National Reactor 8 Testing Center in Idaho. 9 MR. TAFARO: 10 Object to the non-responsive 11 portion. 12 EXAMINATION BY MS. ROUSSEL: 13 Q Now, -- 14 MS. ROMERO: 15 Did you say the name of a vessel? 16 MS. ADAMS: 17 The ENTERPRISE. 18 MS. ROUSSEL: 19 He said National Testing Center 20 facility. 21 THE WITNESS: 22 Yeah. 23 MS. ROMERO: 24 The ENTERPRISE. Thank you, 25 Jennifer. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 33 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 34 1 THE WITNESS: 2 It was The ENTERPRISE prototype. 3 You see, -- 4 EXAMINATION BY MS. ROUSSEL: 5 Q Okay. Wait. No, let me, just because 6 there was an objection, let me go back and ask. 7 So in addition to being exposed to 8 asbestos from component parts of the 9 Westinghouse equipment, you were also exposed 10 through activities of Westinghouse employees? 11 MR. TAFARO: 12 Object to form. 13 THE WITNESS: 14 Yes. And the Westinghouse 15 employees were redoing the insulation 16 while we were trying to keep that 17 reactor running. 18 EXAMINATION BY MS. ROUSSEL: 19 Q And did the Westinghouse -- Did 20 Westinghouse take any precautions to prevent 21 you from being exposed to the asbestos that 22 they were disturbing? 23 A No. No. The -- The employees, you 24 know, were just union employees doing their job 25 just like you would expect them to, but their Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 34 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 35 1 job was insulating. They didn't care about our 2 reactor, you know. 3 Q Okay. Now, let me move on to General 4 Electric. 5 A Okay. 6 Q In addition to being exposed to 7 component parts, asbestos from component parts 8 of General Electric turbines, how else were you 9 exposed to asbestos from General Electric 10 turbines? 11 MR. TAFARO: 12 Object to form. 13 THE WITNESS: 14 From shipyard workers working on 15 equipment when I was in the vicinity. 16 And then after the shipyard workers 17 were finished and left for the day, we 18 had to sweep this all up and, you 19 know, that, in retrospect, you know, 20 bending over the dustpan, sweeping the 21 stuff up. If I knew then what I knew 22 now, I would have got another job. I 23 wouldn't have done that. 24 EXAMINATION BY MS. ROUSSEL: 25 Q And General Electric, there were never Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 35 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 36 1 any warnings on any of their equipment? 2 MR. TAFARO: 3 Object to form. 4 THE WITNESS: 5 No. No. There were -- There 6 were warnings concerning electrical 7 hazards. There were warnings 8 concerning temperature hazards. You 9 know, "This is hot, don't touch it." 10 But as far as insulation? Never saw 11 an insulation warning the whole time I 12 was in the Navy. 13 EXAMINATION BY MS. ROUSSEL: 14 Q And no warnings with regard to 15 asbestos? 16 MR. TAFARO: 17 Object to form. 18 THE WITNESS: 19 Nothing. Nothing. 20 EXAMINATION BY MS. ROUSSEL: 21 Q Now, sir, you also were exposed to 22 asbestos from diesel engines you indicated; 23 correct? 24 A Yeah. Yeah. 25 MR. STOUT: Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 36 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 37 1 Objection, leading. 2 EXAMINATION BY MS. ROUSSEL: 3 Q Since there was an objection, let me 4 reask. You described various products and 5 manufacturers -- 6 A Okay. 7 Q -- that you were exposed to. In the 8 engine rooms, what kind of equipment were you 9 exposed to? 10 A Okay. 11 MR. STOUT: 12 Objection. 13 THE WITNESS: 14 Pumps, valves, condensers, so on 15 and so forth, and diesel engines. On 16 the first ship I was on, it was an 17 attack transport vessel. That's the 18 one where the Marines climb in the 19 boats and the boats are on the shore 20 and the ramp falls down and the 21 marines run out. Those were Gray 22 Marine diesels. And it wasn't so much 23 actually running the boats ashore. It 24 was maintaining the diesels. For 25 instance, we would have to make the Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 37 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 38 1 gaskets -- When we would take a diesel 2 out of one of the boats to the boat 3 shop to be repaired, we'd have to make 4 a new gasket for the -- 5 Excuse me. 6 -- for the -- for the exhaust 7 muffler, and it was the standard old 8 take the compressed asbestos and 9 hammer it out with the ball peen 10 hammer and do all of that kind of 11 stuff. And basically, like I say, it 12 was all by the books. The book says 13 you do this, you do this, you do this, 14 and this will -- 15 EXAMINATION BY MS. ROUSSEL: 16 Q Let me stop you. Whose book, when you 17 were working on a Gray Marine engine -- 18 A It was a Gray Marine -- Gray Marine 19 manual, service manual. Just like your 20 automobile service manuals. These ships were 21 filled with libraries of these manuals of every 22 piece of equipment on there. 23 Q So every equipment you worked on, you 24 worked on according to the manufacturer's 25 manual? Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 38 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 39 1 A Absolutely. 2 MR. TAFARO: 3 Object to form. 4 THE WITNESS: 5 Absolutely. 6 EXAMINATION BY MS. ROUSSEL: 7 Q And how were you exposed to component 8 parts of Gray Marine engines? 9 A Generally making the gaskets that -- 10 that -- for the -- for the exhaust mufflers. 11 Q Did you have to remove gaskets from 12 new engines from time to time? 13 A Oh, yeah. 14 MR. MITCHELL: 15 Objection to form. 16 THE WITNESS: 17 Well, we -- Sure. We would get 18 -- We would get new engines and they 19 would come, you know, with these parts 20 kits and so some of them had asbestos 21 gaskets and stuff. 22 EXAMINATION BY MS. ROUSSEL: 23 Q And when you would remove those 24 gaskets that had come in the pre-made kits, 25 describe how that would be removed. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 39 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 40 1 A Well, any time you have a gasket like 2 that, when you open it up, parts of it are 3 going to stick to the metal flanges. And so 4 basically it was a matter of you stuff a rag in 5 the pipe so that nothing gets in the pipe and 6 then you brush it off with wire brushes. And 7 then, of course, you pull the rag back out 8 (indicating). 9 Q And describe the atmosphere when you 10 would do that. 11 A Well, it would be -- We -- It -- Just 12 you can see the stuff in the air (indicating). 13 It's like dust. Imagine -- Imagine you have an 14 extremely dusty house and you just (indicating) 15 wave your hand through the dust like that. 16 It's going to -- You know, you're going to see 17 the dust in the air. Asbestos is just like 18 that. 19 Q And the pre-made kit that came from 20 the engine manufacturer -- Let me back up. 21 When you were working on a Gray Marine 22 diesel engine, the pre-made kits, who did those 23 come from? 24 A Gray Marine. 25 Q And did you work on any diesel engines Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 40 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 41 1 in addition to Gray Marine? 2 A Yes. I worked on one ship, the USS 3 GRAPPLE, that was diesel electric, and those 4 were Cooper-Bessemer diesel engines, GSB-8 5 models if you want to know that. I don't know 6 why I remember that. It's just one of those 7 things you just know because you saw it on 8 the -- on the -- on the manufacturer's label a 9 hundred times. 10 Q And when you worked on a 11 Cooper-Bessemer engine, -- 12 A Okay. 13 Q -- did you work according to the 14 manual? 15 A Oh, absolutely. Absolutely. 16 Q That was true for all the equipment 17 you worked on? 18 A Everything. 19 MS. ADAMS: 20 Object to form. 21 MR. TAFARO: 22 Object to form. 23 THE WITNESS: 24 Everything. Everything to the 25 best of our ability was done by the Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 41 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 42 1 book. The chief petty officer 2 wouldn't stand for people being slack 3 or cutting corners, because that would 4 reflect upon him and upon the division 5 officer, hence, right on up the chain 6 of command. 7 EXAMINATION BY MS. ROUSSEL: 8 Q So whatever you used on this equipment 9 was what was specified by the book? 10 MR. STOUT: 11 Object to form. 12 MR. MELANCON: 13 Object to the form. 14 THE WITNESS: 15 Specified by the manufacturer, 16 yes. 17 EXAMINATION BY MS. ROUSSEL: 18 Q And the Cooper-Bessemer, did they also 19 have pre-made kits for their engines? 20 A Yeah. Well, the thing is, on these 21 big diesel engines, they don't just overhaul 22 the diesel engine. They overall one cylinder 23 at a time. And so the engineman would be 24 taking the cylinder heads off and all of that. 25 And my job was to use micrometers to test the Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 42 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 43 1 tolerances to see -- Because if -- if you get 2 so much wear in a diesel engine, then you start 3 losing efficiency. And -- And so it would be 4 my job to measure it. And if it exceeded 5 specification -- 6 Excuse me. 7 If it exceeded specifications, then 8 they would have to change the cylinder lining, 9 for example. So I'd be doing that, and that's 10 kind of a laborious process. So the engineman 11 said, "Oh, well, we're here for the rest of the 12 day anyway. Let's just do cylinder number 3 as 13 long as we're here." And so then they would be 14 ripping the insulation off of cylinder 3 while 15 I was working on cylinder 4 doing the 16 measurements, and I myself wasn't handling that 17 asbestos directly, but it was all floating down 18 from the engineman handling it. 19 Q And how close were you working to the 20 engineman? 21 A From here to there (indicating), or 22 from here to there (indicating). 23 Q Just right next -- beside them? 24 A Yeah. Two feet away. Two feet away. 25 Q And you could see the dust being Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 43 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 44 1 created? 2 A Yes. Yes. Yeah. 3 Q And that dust, you breathed in that 4 dust? 5 A Sadly, yes. 6 Q Now, you said that you were also 7 exposed to asbestos from pumps. 8 A Yes. 9 Q Who manufactured the pumps from which 10 you were exposed to asbestos? 11 A Okay. The ones I remember, I remember 12 about six manufacturers right off the top of my 13 head, because they did so many of the pumps. 14 They -- DeLaval or DeLaval, I'm not sure how 15 you want to pronounce it, did a lot of 16 equipment. Pumps was just part of that stuff. 17 They did purifiers, reduction gears, all kind 18 of stuff. I remember Goulds pumps. I remember 19 Buffalo pumps. And the reason you know this 20 was the name was like cast into the casing of 21 the pump. It would say "Buffalo". And there 22 were Aurora pumps. There were Warren pumps. 23 And a lot of these pumps had to be insulated. 24 Like they would be, say, the fire pumps and the 25 fire pump takes a suction directly from the Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 44 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 45 1 see, but you're down in an engine room where 2 it's 110 degrees and -- and 100 percent 3 humidity, that the sea water running through 4 the pump would condense on the pump and, you 5 know, and cause corrosion problems. So any 6 time you had a real difference in temperature, 7 you had insulation. So here again, it's a 8 matter of it's one thing if you just running a 9 pump every day. It's a matter of repairing 10 these pumps, opening them up; you got to take 11 the old insulation off, you got to put new 12 insulation back on; and so it's -- all -- most 13 of my exposure was just basically repair, 14 repair, repair. 15 MS. ROMERO: 16 Object to the non-responsive 17 portion of that answer. 18 MR. CAMPBELL: 19 Objection. 20 MS. PUENTE: 21 Join in. 22 MS. ADAMS: 23 Join in. 24 EXAMINATION BY MS. ROUSSEL: 25 Q When you repaired these various pumps, Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 45 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 46 1 were you repairing them according to the 2 manual? 3 A Absolutely. Absolutely. Absolutely. 4 Q And -- 5 A Because these things on the inside are 6 complicated. It's not -- It's not intuitive 7 when you open one of these things up what it's 8 going to look like in there. And so you have 9 to depend upon the manufacturer's drawings. 10 Because mostly we were -- we were replacing the 11 wearing rings they're called. And these things 12 have extremely tight tolerances. Like the 13 wearing ring on the outside is stationary and 14 the one on the impeller on the inside is 15 rotating, and the gap is only 3/1000ths of an 16 inch. That's the thickness of a human hair. 17 And so there's no way you are going to do one 18 of these right without reading the manual. 19 MS. ROMERO: 20 Object to non-responsive portion 21 of the answer. 22 MS. ADAMS: 23 Join. 24 EXAMINATION BY MS. ROUSSEL: 25 Q How did you know that the component Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 46 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 47 1 parts of these various pumps contained 2 asbestos? 3 MS. ADAMS: 4 Object to the form. 5 THE WITNESS: 6 Okay. For eight years I worked 7 in the Navy I worked with asbestos. I 8 was familiar with asbestos. I knew 9 asbestos when I saw it. When we -- 10 When we would -- When we would do this 11 insulation, the package, the packaging 12 would say "asbestos" on the packaging. 13 And asbestos was what they used in the 14 1960s. So this wasn't any doubt that 15 this was asbestos we were handling. 16 Absolutely zero doubt. 17 EXAMINATION BY MS. ROUSSEL: 18 Q And that was -- 19 MS. ADAMS: 20 Object to the non-responsive 21 portion. 22 MS. ROMERO: 23 I join in the objection. 24 EXAMINATION BY MS. ROUSSEL: 25 Q Now, you said you were also exposed to Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 47 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 48 1 asbestos from valves. And -- 2 A Yeah, for the valves. We -- We talked 3 about the packing the valves and -- 4 Q Right. 5 A -- all of that. 6 Q Right. But do you recall 7 manufacturers of valves? 8 A Oh, yeah, yeah, yeah. It was the same 9 thing with the valves and everything. The 10 manufacturer's name would be cast into the 11 valve itself. Now, remember, the big one was 12 Crane Valves. Crane Valves did a lot of stuff. 13 And the other one, A&M, At- -- At- -- Atwood & 14 Morrill, I think. They had like a circle. 15 "A&M" was cast in the side of the valve. And 16 we saw that all the time. 17 Q And -- 18 A Now, I'm sure -- I'm sure there were 19 lots of other manufacturers. Those are the two 20 that stick out in my mind. 21 Q You were exposed to asbestos from 22 those two manufacturers' valves pretty much -- 23 A Yeah. 24 Q -- throughout your career in the Navy? 25 A Yeah. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 48 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 49 1 MS. ADAMS: 2 Object to the form. 3 MR. CAMPBELL: 4 Object to the form. 5 MS. ADAMS: 6 Assumes facts not in evidence. 7 MR. CAMPBELL: 8 The same objection. 9 THE WITNESS: 10 Yeah. And it was from -- 11 primarily from repacking the valves 12 and from making the gaskets. When we 13 had to send the valves out to be 14 machined, we'd have to make new 15 gaskets when they came back. 16 EXAMINATION BY MS. ROUSSEL: 17 Q Since there was an objection, let me 18 just ask you. How were you exposed to asbestos 19 from Crane valves? 20 A Repacking the valves and making new 21 gaskets when the valve had to be taken out and 22 repaired and put back in. 23 Q And how were you exposed to asbestos 24 from Atwood Morrill valves? 25 A The same thing. The same thing. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 49 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 50 1 Q And when you worked on these valves, 2 did you work on them in accordance with the 3 manufacturer's manual? 4 MS. ADAMS: 5 Object to the form. Compound. 6 MS. ROMERO: 7 The same. 8 THE WITNESS: 9 Always. 10 EXAMINATION BY MS. ROUSSEL: 11 Q When you worked on Crane Company 12 valves, whose manual did you use when you 13 worked on Crane Company valves? 14 A Crane. 15 Q And when you worked on Atwood Morrill 16 valves, whose manual did you work with? 17 A Atwood Morrill. 18 Q And how did you know that the 19 component parts that you worked on contained 20 asbestos? 21 MS. ADAMS: 22 Objection, leading. 23 MR. CAMPBELL: 24 Object to the form. 25 THE WITNESS: Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 50 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 51 1 Okay. Okay. 2 EXAMINATION BY MS. ROUSSEL: 3 Q With regard to the Crane Company 4 valves, how did you know that the component 5 parts that you worked on contained asbestos? 6 MR. CAMPBELL: 7 Object to form. 8 THE WITNESS: 9 Because you would get the package 10 and it would say "Packing", comma, 11 "asbestos", comma, "three-quarter 12 inch", comma, "military spec." 13 EXAMINATION BY MS. ROUSSEL: 14 Q Who spec'd the particular asbestos 15 products that you were going to use on the 16 Crane Valves? 17 MR. CAMPBELL: 18 Object to form. 19 EXAMINATION BY MS. ROUSSEL: 20 Q How did you know what the use on the 21 Crane Company valves? 22 A Because the kits came -- Well, -- 23 Well, the book said "Do this" and that's -- 24 that's what we did. In other words, we 25 followed the manual. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 51 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 52 1 Q The Crane Company manual? 2 A And -- And the Crane Company manual 3 said "Okay, you need three-quarter inch 4 packing" or "you need half-inch packing" or 5 "you need five-eighths inch packing", and it 6 would be braided asbestos packing and, you 7 know, so they specified it right down to the -- 8 right down to the final detail. 9 Q And the same question -- 10 A Now, I don't know -- I done it. You 11 know, I don't know -- Okay. 12 Q Let me just ask you this. So Atwood 13 Morrill, again, did you use what was specified 14 to be used by Atwood Morrill? 15 MS. ADAMS: 16 Object to the form. 17 THE WITNESS: 18 Absolutely. Absolutely. 19 Absolutely. 20 EXAMINATION BY MS. ROUSSEL: 21 Q Describe how you would actually clean 22 a flange on a valve. 23 A Okay. When -- 24 MS. ADAMS: 25 Object to form. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 52 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 53 1 THE WITNESS: 2 When a valve is in a steam line 3 and it sits there for years and stuff, 4 when you take the valve out for 5 repair, the asbestos insulation sticks 6 to the metal of the flanges and you 7 have to get it off. Primarily we used 8 wire brushes. Sometimes we used paint 9 scrapers to get it off. And -- And it 10 was a matter of like -- I know I'm 11 repeating myself, but you'd have to 12 stuff a rag in the pipe first to make 13 sure you didn't get any of this stuff 14 in the equipment, and then after you 15 got the flange clean, you'd pull out 16 the rag and, poof (indicating), you 17 know. 18 MS. ADAMS: 19 Object to the non-responsive 20 portion. 21 EXAMINATION BY MS. ROUSSEL: 22 Q And were you exposed to asbestos from 23 Crane Company valves -- 24 MR. CAMPBELL: 25 Object to form. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 53 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 54 1 EXAMINATION BY MS. ROUSSEL: 2 Q -- during that procedure? 3 A Yes. Yes. 4 Q And were you exposed to asbestos from 5 Atwood Morrill valves during that procedure? 6 A Oh, yes. 7 MS. ADAMS: 8 Object to the form. 9 THE WITNESS: 10 Yes. Yes. Absolutely. 11 EXAMINATION BY MS. ROUSSEL: 12 Q Now, you described that Dr. Jackson 13 sent you to -- Well, describe for me, what did 14 Dr. Jackson prescribe for you? 15 A Okay. Dr. Jackson, when it came back 16 mesothelioma, right then and there he -- he 17 contacted M.D. Anderson to ask how they wanted 18 to proceed. Well, it turns out that the doctor 19 who's taking care of this doesn't work for M.D. 20 Anderson; he works for Baylor School of 21 Medicine. Dr. Sugarbaker is his name. But he 22 uses M.D. Anderson labs for the lab work. So a 23 lot of the lab work went through M.D. Anderson. 24 And, like I say, on September 3rd when I got 25 there and it got to diagnosis, he told me the Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 54 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 55 1 diagnosis and he said, "Wait here" and he 2 immediately went to the phone and contacted 3 them, and that started the ball rolling for me 4 to go see Dr. Sugarbaker in Houston, because 5 Dr. Sugarbaker wanted to see me face-to-face 6 before he would decide to do the operation. 7 You see, I'm 72 years old and this operation 8 they're going to do is drastic. I don't know 9 if you are familiar with the operation. But 10 they're going to take out the lung, and to take 11 out the lung they're going to remove a rib to 12 give themselves room to get in there. Then 13 they are going to try and scrape all of the 14 tumor off all the inside of the chest. They 15 are intending on replacing half of my diaphragm 16 with an artificial membrane and replacing the 17 sac around my heart with an artificial 18 membrane. 19 Q When they -- 20 A I'm scared to death just to tell you 21 what they're going to do. 22 Q When they were doing the workup to 23 determine if the surgery was going to be 24 conducted, -- 25 A Yeah. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 55 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 56 1 Q -- describe what procedures they 2 performed on you. 3 A Oh, they did every test under the sun. 4 They did CAT scans, they did MRIs, they did PET 5 scans and so on and so forth. And so -- so 6 that was done here in New Orleans. And then 7 when I went to Houston, they did four major 8 procedures. They did a biopsy to -- to -- to 9 -- biopsy of the lymph nodes in the neck 10 (indicating). 11 Q And let me -- Can you point that out 12 for me, please? 13 A Here (Indicating). 14 Q Okay. And then what else did they do? 15 A Okay. So then -- Well, at this point, 16 the fear was the cancer had spread outside of 17 my chest. As long as it remains in the chest, 18 this pleural meso- -- It's a -- This operation 19 they're going to do, it has a fairly high 20 successful rate. If it gets out of my chest, 21 I'm a dead man walking. 22 So they were checking the abdomen. So 23 they punctured a hole in the abdomen to put in 24 a TV tube and went all through -- all through 25 the abdomen visually inspecting. Then they Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 56 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 57 1 punched a second hole in the abdomen to stick 2 in some devices to take tissue and fluid 3 samples. And then they took a biopsy of what 4 was -- what was known to be the mesothelioma. 5 Because, you see, the tumor is growing out the 6 side of my chest between two of my ribs. 7 Q You can actually feel it? 8 A I can show it to you if you want to 9 see it. It's gross. It's -- You know. But if 10 you need to see it, I can -- I'm willing to do 11 it. So but anyway, and then the fourth thing 12 they did was they stuck a TV tube down my 13 throat into the good lung to see if there was 14 any indication of cancer there. There is no 15 indication that the cancer is anywhere except 16 in the right half of my chest, so Monday 17 they're going to do the big operation in 18 Houston. 19 Q This coming Monday? 20 A December 7th, yes, ma'am. 21 Q And the big operation is what? 22 A It's the extrapleural pneumonectomy 23 it's called. 24 Q Okay. We'll come back to that in a 25 minute, but let me go back to when you were Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 57 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 58 1 working on these various vessels. Did you work 2 on any refrigeration compressors? 3 A Yes. Yes. 4 Q Describe that, -- 5 A On -- 6 Q -- please. 7 A Okay. On the first ship I was on, the 8 USS NOBLE was an attack transport and we had 9 like a 350 man crew, something like that. But 10 we would have to carry 1,200 to 1,400 Marines 11 across the Pacific, and you need to refrigerate 12 an awful lot of food to keep that many people 13 happy for the two weeks it takes to cross the 14 Pacific Ocean. So those refrigeration units 15 were huge. They were huge. And there were a 16 lot of smaller individual components. And just 17 like when you have high temperature, you need 18 the insulation; when you have extremely cold 19 temperature, you need the insulation. Because 20 you put your hand on a minus 100 degree pipe, 21 it's going to hurt just like 100 degrees -- 22 200 degrees steam. And the problem was, was 23 these units were basically sea water cooled. 24 And sea water is highly corrosive. And so we 25 were continuously having to take out these Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 58 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 59 1 corroded valves and replace them. And since -- 2 And since these were in all of these cold 3 rooms, they were all insulated. And it was the 4 same thing as working on a turbine; you'd have 5 to -- you'd have to get in there and pull it 6 out (indicating) and replace it. 7 Q And were you exposed to asbestos from 8 doing that? 9 A Yes. Yes. 10 Q And who manufactured those? 11 A Those were York compressors. Well, 12 they're York systems A to Z. 13 Q And when you did your repairs on these 14 York systems, whose manuals did you follow? 15 A Used the York manuals. 16 Q And how did you know that you were 17 being exposed to asbestos from York equipment? 18 MR. EATON: 19 Object to form. 20 THE WITNESS: 21 Because I spent eight years 22 working with asbestos. I know what 23 asbestos is. The books said it was 24 asbestos. The packaging said "This is 25 asbestos." It was asbestos. There is Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 59 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 60 1 no doubt. 2 EXAMINATION BY MS. ROUSSEL: 3 Q And how did you know that those were 4 manufactured by York? 5 A Because -- Because of the 6 manufacturer's tags. That they -- The tags all 7 had serial numbers, capacities, model numbers, 8 date of manufacture, place of manufacture, the 9 whole nine yards. 10 Q Now, you said that on Monday Dr. 11 Sugarbaker is going to do an extrapleural 12 pneumonectomy. 13 A Yes. 14 Q Now, what did Dr. Jackson tell you 15 about your prognosis? 16 A Okay. Dr. Jackson was straight up 17 front. He said, "Mr. Bell," he says, 18 "mesothelioma is one of the cancers that has a 19 very low survival rate. The prognosis, no 20 matter what we do, for long term survival is 21 poor." He says, "Now, I can't tell if you that 22 means six months, it means two years." He 23 says, "Medical science is not that precise." 24 But he said that certain- -- almost certainly 25 this mesothelioma is going to lead to my death, Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 60 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 61 1 and he was kind of -- kind of broken up trying 2 to explain that. But so that's the way that 3 was. Now, Dr. Sugarbaker and his associates 4 appear to be a lot more upbeat and 5 enthusiastic, but I really think that's just 6 cheerleading to just make me feel better, you 7 know. They must know the statistics just like 8 everybody else knows. 9 Q And the fact that you know you have 10 this terminal disease, how does that make you 11 feel? 12 A Okay. Well, scared to death. 13 Frightened. You see, during the daytime, in a 14 situation like this, there's a lot of 15 distractions on your mind and I can handle the 16 thought of being possibly terminal in the near 17 term. It doesn't work that way at night. At 18 nighttime, my nights are filled with 19 nightmares. You know, I know they make 20 sleeping pills, but I keep wanting them to make 21 an unsleeping pill. Something to keep me from 22 ever having to sleep again, because it's just 23 nightmares, nightmares, nightmares. And it's 24 -- The nightmares, basically, I don't know how 25 to describe them, basically the nightmares are Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 61 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 62 1 I am somewhere except home and I will never 2 return home again. And I take that to think 3 that in my mind, I don't believe I am going to 4 survive this operation. Now, of course, that's 5 all psyche stuff and, I mean, you know, nobody 6 can know. But it's -- it's -- it's terrifying. 7 It's terrifying at night especially. And so -- 8 And one of the things is, is it's because of 9 the pain. The pain never stops. I've got 10 prescription pain medications; it will knock it 11 down, it will help, and if I am on the 12 prescription medications I'll get a good hour 13 sleep before the nightmares start, you see, or 14 maybe two hours of sleep before the nightmares 15 start. But it's -- it's debilitating because 16 it never stops. And it's -- it's like, I don't 17 know, drip, drip, drip, drip, drip. It's like 18 if the people in Guantanamo Bay wanted to 19 really know what torture is, they could give 20 them this stuff, you know. 21 Now, I have to admit that I am bitter 22 about this. Okay? And in addition to being 23 frightened, I'm bitter, because we were 24 protecting freedom. That was our job, was to 25 protect America from enemies. And this is the Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 62 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 63 1 thanks I get? It ain't right. You know it 2 ain't right. Forgive me. 3 VIDEO OPERATOR: 4 Off the record. 5 THE WITNESS: 6 Please forgive me. Please 7 forgive me. 8 VIDEO OPERATOR: 9 Back on the record. 10 MS. ADAMS: 11 Object to any non-responsive 12 portions. 13 MS. ROMERO: 14 I join the objection. 15 MR. TAFARO: 16 Join. 17 MS. PUENTE: 18 I join. 19 THE WITNESS: 20 I apologize for that. Okay. So 21 -- 22 EXAMINATION BY MS. ROUSSEL: 23 Q We'll come back to that in a minute. 24 A Okay. 25 Q Let me ask you this. Before you were Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 63 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 64 1 diagnosed with mesothelioma, what are some of 2 the things you enjoyed doing? 3 A Basically I'm a science guy. And so 4 I -- When I was in the Navy, the people who 5 worked out on deck were familiar with all the 6 stars in the sky. Well, I worked down below 7 decks. I didn't have to know the stars, but I 8 would go out at night and -- and the other 9 sailors would laugh at me for not knowing the 10 stars. So I said, well, by gum, I am going to 11 learn the stars better than any one of these 12 other sailors knows the stars. So I would 13 spend weeks in the libraries learning the 14 constellation patterns and the names of the 15 stars. You know, Beetlejuice and Rigel and so 16 on and so forth. And so that's -- that's -- 17 that's primarily -- You see, I never was a 18 party person. People like to go out and dance 19 and party. Well, I don't drink alcoholic 20 beverages. It's -- It's -- It's just -- It's a 21 lifestyle choice. I don't drink. 22 Q So science is what you like? 23 A Yeah. 24 Q Have you published any articles? 25 A Okay, now. In 1984, in Astronomy Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 64 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 65 1 Magazine I published an article on how to 2 calculate the times of sunrise, sunset, and 3 twilight. Because, you see, nowadays there's 4 probably just an app for that and you put it in 5 your phone. But in 1984 we were inventing this 6 technology. My generation invented the flat 7 screen. My generation invented the Internet. 8 My generation invented what's called GUIs, the 9 graphical user interfaces, with the little 10 pictures and the mouses and stuff. Because in 11 my generation it was all just -- it was all 12 just strict -- just strict text. There were no 13 pictures and stuff. 14 And so one of the things was, is I 15 found a way to write a computer program that 16 was general for sunrise and sunset and so on 17 and so forth, and I just sent it to Astronomy 18 Magazine just out of the blue. It was 19 unsolicited. And boy, they jumped on that like 20 a chicken on a june bug, you see. 21 And so many of these things, it's hard 22 to discuss in a public forum, because like, for 23 instance, since 1976 I have been working on 24 something called the no-three-in-line problem. 25 Now, that's -- You can Google that. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 65 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 66 1 No-three-in-line is the name of the 2 mathematical problem. And so it's difficult to 3 explain to people who are not mathematicians 4 what this is all about. But I have been 5 pursuing it for years and it's just -- it's 6 just a hobby. 7 And it's studying in general is what I 8 do. Like, for instance, when I first went to 9 Japan, the Japanese drove on the wrong side of 10 the street. They drove on the left-hand side 11 of the street. But once I got over my cultural 12 bias that this is not the wrong way to do it, 13 it's just an alternate way to do it, I decided 14 I needed to learn what makes the Japanese tick. 15 So I have spent years studying Shinto religion 16 and so I can tell an Inari shrine from a 17 Hachiman shrine. 18 And, you know, I know the story of 19 Sugazar -- Sugawara no Michizane, who is the 20 Japanese equivalent of the patron saint of 21 students and so on and so forth. And if you 22 think Christianity has a bunch of sects, oh, 23 these -- there are hundreds and hundreds of 24 sects of Shinto and, you know -- So my basic 25 thing in life is to study. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 66 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 67 1 And when I worked at the med center at 2 LSU downtown, I was basically considered to be 3 the med center's encyclopedia. If you want an 4 answer, you go ask Bill Bell first, because 5 that's the quickest way to get an answer. If 6 Bill Bell is -- If Bill Bell has gone out and 7 studied it, you will get the answer you want. 8 Q Now, Mr. Bell, you talked about the 9 fact that pain is with you all the time. In 10 addition to pain, what other symptoms do you 11 have all the time? 12 A Well, the shortness of breath, 13 fatigue, and it's like everybody has good days 14 and bad days. Well, I have good days and bad 15 days. On a bad day, I could not walk all the 16 way to that door (indicating) without stopping 17 and gasping for air. On a good day, I can make 18 it out to the parking lot. And so, of course, 19 I have a handicap tag, but I try not to use it 20 if I don't have to, you know. 21 Q And you said -- 22 A And so -- 23 Q And you said the pain is with you at 24 all times. Describe the pain. 25 A Okay. The basic pain is it feels like Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 67 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 68 1 I was kicked in the chest by a horse or a mule. 2 It feels like a deep bruise. Now, layered on 3 top of that, that -- that that's always never 4 ending, laying on top of that, sometimes it 5 stings like a bee or it -- or it feels like 6 flames, or sometimes it just itches and the 7 itch will drive me crazy. And it's mostly 8 centered around here (indicating), and this 9 part here where the tumor is growing out 10 between the ribs, compared to the rest of the 11 body, it's always feverish and it's -- it's hot 12 and feverish. 13 And I walk around trying not -- Like I 14 go to the airport, I don't know if I annoyed 15 the TSA man or something, so he made me put my 16 hands over your head and he's going to pat me 17 down. Oh, man, when he -- when he hit that, I 18 saw stars, you know. 19 Q Is that when you went to the airport 20 to get to Texas to meet with your doctors? 21 A Yeah, to get to Texas. I have been to 22 Texas twice already. Once for the primary 23 face-to-face with Dr. Sugarbaker and the second 24 time when they did all of those exploratory 25 surgeries and stuff. Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 68 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 69 1 And so my third trip, I'm going to be 2 leaving Thursday for the third trip. 3 Q And so the TSA made you lift your 4 hands that caused your -- 5 A Yes. And so anyway, so he said, "I am 6 going to have to touch you." And I said, 7 "Well, you do what you got to do," and so he's 8 patting me down. And, oh, man. When he hit -- 9 When he hit that lump, that was -- that was -- 10 I saw stars. It's just -- 11 But so anyway, that's it. Basically 12 it feels like I have been kicked by a horse. 13 Occasionally it's overlain with itching or it's 14 overlain with what feels like flames or bee 15 stings or stuff like that. 16 And so I do not sleep in a bed. I 17 sleep in a reclining chair. Because if I am 18 asleep in a bed and I roll over on that right 19 side at night, the pain is so debilitating, I 20 can't push myself back upright out of bed 21 without extreme pain. 22 And so it's way more complicated than 23 just the pain. Okay. For instance, I have the 24 prescription medications I can take which helps 25 knock down the pain, but they have side Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 69 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 70 1 effects. Like they make you nauseated. They 2 make you constipated. They make you dopey, so 3 you're not supposed to drive or use heavy 4 equipment. So, of course, I had to drive over 5 here today. That means I could not take pain 6 medicine last night if I wanted to be a 7 responsible citizen in driving, so I am just 8 having to sit here and grit my teeth today 9 because I'm not on the pain killers at the 10 moment. 11 And then these things are so gross. 12 It's like -- It's like the constipation. It's 13 -- It's hard stools. It gets in the -- in the 14 intestinal tract and it gets like rocks, but 15 it's too big to pass through the -- through the 16 sphincter. You can't get it out. And so all 17 of my bowel movements for the last month have 18 been the results of enemas. That's the only 19 way I can -- And you have to take one, take an 20 enema and you have to retain it for about 15 or 21 20 minutes for it to soften the stool enough 22 for you to be able to force it out. And, 23 believe me, you want to wait the whole 15 or 20 24 minutes, because if it starts out and it's 25 still too big, it's -- it's -- the pain is Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 70 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 71 1 incredible. Wind up with the toilet full of 2 blood. Oh, it's a mess. 3 And these things are kind of 4 disgusting to talk, but about it's real life. 5 It's my life. I'm having to live with this 6 every day, you see. 7 MS. ROUSSEL: 8 Thank you, Mr. Bell. 9 VIDEO OPERATOR: 10 Off the record. 11 (End of perpetuation deposition.) 12 * * * 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 71 of 82 837517ed-e789-4447-960b-078c9da6fdaf WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 72 1 REPORTER'S CERTIFICATE 2 3 4 5 I, ROGER D. JOHNS, RMR, RDR, CRR, Certified Court Reporter in and for the State of 6 Louisiana, as the officer before whom this testimony was taken, do hereby certify that the 7 witness was sworn by me upon authority of R.S. 37:2554, and did testify as hereinbefore set 8 forth in the foregoing pages; that this testimony was reported by me in the stenotype 9 reporting method, was prepared and transcribed by me or under my personal direction and 10 supervision, and is a true and correct transcript to the best of my ability and 11 understanding; that the transcript has been prepared in compliance with transcript format 12 guidelines required by statute or by rules of the Board, that I have acted in compliance with 13 the prohibition on contractual relationships, as defined by Louisiana Code of Civil Procedure 14 Article 1434 and in rules and advisory opinions of the Board; that I am not related to Counsel 15 or to the parties herein, nor am I otherwise interested in the outcome of this matter. 16 17 18 _________________________ 19 ROGER D. JOHNS 20 CERTIFIED COURT REPORTER 21 STATE OF LOUISIANA 22 CERTIFICATE NUMBER 74010 23 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 72 of 82 WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 73 A A&M 48:13,15 abdomen 56:22,23 56:25 57:1 ability 26:23 41:25 72:10 able 70:22 absolutely 19:12 39:1,5 41:15,15 46:3,3,3 47:16 52:18,18,19 54:10 ACCARDO 3:17 acted 72:12 Action 1:7 activities 34:10 Adams 5:4 9:3,4 16:16 23:16 27:14 33:16 41:19 45:22 46:22 47:3,19 49:1,5 50:4,21 52:15,24 53:18 54:7 63:10 addition 31:8,10,19 34:7 35:6 41:1 62:22 67:10 address 11:19 administering 6:22 admit 62:21 advisory 72:14 aforementioned 6:4 AGREED 6:2 ahead 12:17 13:9 ain't 63:1,2 air 4:11 9:15 17:12 18:2 25:13 40:12 40:17 67:17 aircraft 32:10 airport 21:21,22 68:14,19 al 1:11 11:6 Alberes 10:17 alcoholic 64:19 alternate 66:13 America 62:25 Anderson 14:24 54:17,20,22,23 annoyed 68:14 another's 32:24 answer 45:17 46:21 67:4,5,7 anyway 14:20 43:12 57:11 69:5 69:11 apologize 63:20 app 65:4 appear 61:4 APPEARANCES 2:1,25 3:25 4:25 appeared 19:3 appearing 9:7 Approach 1:22 2:7 April 13:8,18 article 65:1 72:14 articles 64:24 artificial 55:16,17 asbestos 14:16 15:20 16:7,13,20 16:21 17:12,17,18 18:2 19:6 22:12 22:18,24 23:1,11 25:14 27:18,21 28:1,4,10,15,23 29:5 30:7 31:11 31:20,22 33:6 34:8,21 35:7,9 36:15,22 38:8 39:20 40:17 43:17 44:7,10 47:2,7,8,9 47:12,13,15 48:1 48:21 49:18,23 50:20 51:5,11,14 52:6 53:5,22 54:4 59:7,17,22,23,24 59:25,25 ashore 37:23 asked 14:16 15:22 asleep 69:18 aspirating 25:13 assembly 30:6 associates 61:3 Assumes 49:6 asthma 12:14 Astronomy 64:25 65:17 At- 48:13,13 atmosphere 18:19 18:21 24:11 40:9 attack 12:14 37:17 58:8 Atwood 5:2 9:5 48:13 49:24 50:15 50:17 52:12,14 54:5 August 12:7 Aurora 5:2 9:4 44:22 authority 72:7 automobile 38:20 auxiliary 18:25 19:12 aware 10:14 awful 58:12 B B 2:6 26:25,25 back 12:18 13:5,12 14:3,5,11 15:16 17:2 21:2,8 30:12 34:6 40:7,20 45:12 49:15,22 54:15 57:24,25 63:9,23 69:20 bad 14:5 67:14,14 67:15 ball 17:20 38:9 55:3 BARRY 4:20 basic 66:24 67:25 basically 13:17 21:15,15 38:11 40:4 45:13 58:23 61:24,25 64:3 67:2 69:11 basis 8:9 Bay 62:18 Baylor 10:12 54:20 bed 69:16,18,20 bee 68:5 69:14 Beetlejuice 64:15 believe 13:18 29:3 62:3 70:23 Bell 1:6,19 8:12,18 9:8,24 10:10 11:3 11:5,12,18,22 13:5,13 15:18 60:17 67:4,6,6,8 71:8 Bell's 10:24 bending 35:20 best 26:22,23 41:25 72:10 better 61:6 64:11 beverages 64:20 bias 66:12 big 28:3 42:21 48:11 57:17,21 70:15,25 Bill 67:4,6,6 biopsy 12:6 13:4,4 13:11 14:7,10 56:8,9 57:3 birth 11:22 bitter 62:21,23 blood 71:2 blowing 17:10,11 blows 18:1 blue 65:18 Blvd 4:21 Board 72:12,14 boat 38:2 boats 37:19,19,23 38:2 body 68:11 bolt 17:21 bolted 25:9 30:4 book 26:18 38:12 38:16 42:1,9 51:23 books 26:24 38:12 59:23 bowel 70:17 Box 2:21 boy 65:19 braided 52:6 brass 19:16 breaks 18:4 25:15 breath 67:12 breathed 44:3 breathing 16:2 broken 61:1 bruise 68:2 brush 40:6 brushes 40:6 53:8 brushing 18:5 Buffalo 44:19,21 bug 65:20 build 24:10 bunch 66:22 C C 4:20 calculate 65:2 called 12:21 14:23 17:18 46:11 57:23 65:8,24 Cameron 3:2 9:1 CAMPBELL 4:20 9:12 45:18 49:3,7 50:23 51:6,17 53:24 cancer 12:24,24 13:6,11,14 14:10 56:16 57:14,15 cancers 60:18 capacities 31:1 60:7 care 35:1 54:19 career 48:24 carrier 32:10 carry 58:10 case 10:16,17 13:10 32:4,4 cases 10:18 casing 30:5,7,21,23 44:20 cast 30:20,22 44:20 48:10,15 CAT 56:4 cause 45:5 caused 69:4 Causeway 1:22 2:7 4:21 CBS 4:2 8:2 10:3 10:13 Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 73 of 82 WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 74 CCR 5:14 6:20 cells 13:12 center 32:6 33:8,19 67:1 center's 67:3 centered 68:8 certain 29:12 certain- 60:24 certainly 10:8,9 60:24 CERTIFICATE 72:1,22 certification 6:11 Certified 5:15 6:20 72:5,20 certify 72:6 chain 42:5 chair 69:17 change 43:8 changed 27:1 changing 17:3 Charles 1:19 11:12 11:18 checking 56:22 cheerleading 61:6 chest 12:16 15:25 55:14 56:17,17,20 57:6,16 68:1 chicken 65:20 chief 42:1 chiseling 19:5 choice 64:21 Christianity 66:22 chunks 21:1 circle 48:14 citizen 70:7 Civil 1:7 6:6 72:13 clean 52:21 53:15 Clearview 1:20 11:13,20 Clement 1:22 2:4,6 clients 8:5,15 10:2 10:13 climb 37:18 close 43:19 cloud 19:6,6 cloudy 12:18 14:4 CLVS 5:11 coated 30:7 Code 72:13 cold 58:18 59:2 Colony 4:14 come 12:12 14:8 26:6 39:19,24 40:23 57:24 63:23 comes 17:17 26:4 coming 21:8 57:19 comma 51:10,11,12 command 42:6 common 17:13 Company 50:11,13 51:3,21 52:1,2 53:23 compared 68:10 compliance 72:11 72:12 complicated 46:6 69:22 component 23:21 25:24 27:10 28:12 31:9,10,11,20 34:8 35:7,7 39:7 46:25 50:19 51:4 components 58:16 compound 31:15 31:19 50:5 compressed 17:18 38:8 compressors 58:2 59:11 computer 65:15 concerning 36:6,8 condense 45:4 condenser 19:1,3,8 19:9,11,19 20:12 20:15 21:1 24:4,7 24:10,12 25:7,10 25:24 condensers 18:9,23 20:3 24:5 26:5,15 37:14 conducted 55:24 considered 67:2 constellation 64:14 constipated 70:2 constipation 70:12 contacted 54:17 55:2 contained 47:1 50:19 51:5 Continental 2:10 9:18 CONTINUED 2:25 3:25 4:25 continuously 58:25 contractual 72:13 cooled 58:23 Cooper-Bessemer 41:4,11 42:18 corkscrews 17:6 corners 42:3 CORP 1:11 2:18 3:2 4:2,3,11 Corporation 9:2 11:6 correct 12:1 36:23 72:10 corroded 20:23 24:20 59:1 corrosion 45:5 corrosive 58:24 counsel 6:3 72:14 couple 13:2 course 12:5 17:11 17:25 25:9 32:25 40:7 62:4 67:18 70:4 Court 1:1 5:15 6:20 11:7,9,15 72:5,20 courtesy 8:18 9:8 Crane 4:18 9:13 48:12,12 49:19 50:11,13,14 51:3 51:16,21 52:1,2 53:23 crazy 68:7 created 44:1 crew 58:9 cross 58:13 CRR 72:5 CT 14:4 15:23 cultural 66:11 cut 17:20,20 20:24 21:1 cutting 19:4 42:3 cylinder 42:22,24 43:8,12,14,15 D D 4:13 5:14 6:20 7:1 72:5,19 dance 64:18 dangerous 28:10 date 11:22 60:8 DAVID 2:12 day 32:11 33:6 35:17 43:12 45:9 67:15,17 71:6 days 67:13,14,14 67:15 daytime 61:13 dead 56:21 deal 28:3 death 55:20 60:25 61:12 debilitating 62:15 69:19 decades 24:15 December 1:24 57:20 decide 55:6 decided 66:13 deck 64:5 decks 64:7 deem 8:16 deep 68:2 Defendants 9:25 10:23 defenses 8:4 defined 72:13 degree 58:20 degrees 45:2 58:21 58:22 DeLaval 44:14,14 department 16:10 depend 46:9 deposition 1:17 6:4 8:11 9:6 10:1,6,20 10:22 11:2,3 15:8 71:11 describe 16:19 39:25 40:9 52:21 54:13 56:1 58:4 61:25 67:24 described 37:4 54:12 destroy 24:7 detail 52:8 determine 55:23 DEUTSCH 3:3 5:3 devices 57:2 diagnosed 11:25 12:2,13 64:1 diagnosis 12:4 54:25 55:1 diaphragm 55:15 diesel 36:22 37:15 38:1 40:22,25 41:3,4 42:21,22 43:2 diesels 37:22,24 difference 45:6 difficult 66:2 dig 23:2 direction 72:9 directly 30:4 43:17 44:25 discovery 8:9 discuss 65:22 discussion 15:13 disease 61:10 disgusting 71:4 distractions 61:15 District 1:1,2 11:7 11:8 disturbing 34:22 division 42:4 Doc 14:8 doctor 12:15 54:18 doctors 12:6 68:20 DOGAN 4:19 doing 17:9 18:8,21 18:24,25 20:21 21:6 34:24 43:9 43:15 55:22 59:8 Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 74 of 82 WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 75 64:2 door 67:16 dopey 70:2 doubt 47:14,16 60:1 downtown 67:2 Dr 14:5,12,13 15:19 54:12,14,15 54:21 55:4,5 60:10,14,16 61:3 68:23 drain 12:21 drastic 55:8 drawings 26:20 46:9 drink 64:19,21 drip 62:17,17,17,17 62:17 drive 68:7 70:3,4 driving 70:7 drove 66:9,10 duly 11:14 dust 17:12 18:20 19:7 33:6 40:13 40:15,17 43:25 44:3,4 dustpan 35:20 dusty 40:14 E E 7:1 earnings 10:25 Eastern 1:2 11:8 EATON 2:19,20 9:20 59:18 effects 70:1 efficiency 43:3 eight 14:18 22:25 23:5 47:6 59:21 either 8:12 28:20 electric 10:3 21:3 28:21,24 31:3,6 31:12 35:4,8,9,25 41:3 electrical 36:6 Electrics 31:5 embroidered 33:4 employees 32:18 33:1 34:10,15,23 34:24 enclosed 32:16,16 encyclopedia 67:3 enema 70:20 enemas 70:18 enemies 62:25 Energy 1:10 4:3 11:5 engine 14:19 19:5 32:17 37:8 38:17 40:20,22 41:11 42:22 43:2 45:1 engineering 16:10 engineman 42:23 43:10,18,20 engines 36:22 37:15 39:8,12,18 40:25 41:4 42:19 42:21 enjoyed 64:2 ENTERPRISE 32:10 33:17,24 34:2 enthusiastic 61:5 entire 16:11 entirely 13:14 equipment 16:12 16:22 17:23 18:16 18:17 20:14 22:10 23:10,23 26:14,18 27:11 32:2 34:9 35:15 36:1 37:8 38:22,23 41:16 42:8 44:16 53:14 59:17 70:4 equivalent 66:20 erode 29:18 especially 62:7 ESQUIRE 2:5,6,12 2:20 3:4,11,18,19 4:5,13,20 5:4 et 1:11 11:6 everybody 15:7 61:8 67:13 evidence 49:6 EXAMINATION 7:3 11:16 15:17 16:18 19:23 20:7 22:9,17 23:9,20 25:21 26:12 27:8 27:19 28:6,22 29:4 30:17 31:17 33:12 34:4,18 35:24 36:13,20 37:2 38:15 39:6 39:22 42:7,17 45:24 46:24 47:17 47:24 49:16 50:10 51:2,13,19 52:20 53:21 54:1,11 60:2 63:22 example 43:9 exceeded 43:4,7 exceptions 8:4 excuse 14:13 21:14 38:5 43:6 exhaust 38:6 39:10 expect 34:25 explain 61:2 66:3 exploratory 68:24 exposed 15:19 16:7 16:12,20,21 22:11 28:14,23 29:5 31:8,10,12,20,22 34:7,9,21 35:6,9 36:21 37:7,9 39:7 44:7,10 47:25 48:21 49:18,23 53:22 54:4 59:7 59:17 exposing 18:19 exposure 14:16 18:8,11,13 45:13 extrapleural 10:11 57:22 60:11 extreme 69:21 extremely 40:14 46:12 58:18 F face-to-face 55:5 68:23 facility 32:7 33:20 fact 10:2 24:2 30:22 61:9 67:9 facts 49:6 fairly 56:19 falls 37:20 familiar 47:8 55:9 64:5 far 36:10 fatigue 67:13 fear 56:16 Federal 6:6 feel 57:7 61:6,11 feels 67:25 68:2,5 69:12,14 feet 43:24,24 feverish 68:11,12 fibers 25:13,16 fibrous 18:3 filed 8:6 10:6,8,20 filing 6:10 filled 38:21 61:18 final 52:8 fine 13:21 18:4 finished 35:17 fire 44:24,25 first 17:24 37:16 53:12 58:7 66:8 67:4 five 12:16 five-eighths 52:5 flames 68:6 69:14 flange 17:19 52:22 53:15 flanges 17:16,17 40:3 53:6 flat 65:6 float 25:16,17,17 25:17 floating 43:17 fluid 12:19,21 13:22 57:2 follow 59:14 follow-up 13:19,25 14:3 followed 51:25 follows 11:15 food 58:12 force 70:22 foregoing 72:8 forgive 63:2,6,7 form 16:15,17 20:19 22:16,20 23:13,17,25 26:2 27:5,13,15,24 28:17 29:1,8 31:15,24 34:12 35:12 36:3,17 39:3,15 41:20,22 42:11,13 47:4 49:2,4 50:5,24 51:7,18 52:16,25 53:25 54:8 59:19 formalities 6:8,10 format 72:11 forth 13:22 14:20 26:22 31:2 37:15 56:5 64:16 65:17 66:21 72:8 forum 65:22 forward 9:7 10:22 Foster-Wheeler 1:10 4:2 8:3 10:3 10:14 11:5 19:10 19:14,20 20:3,13 22:10,12 23:23 found 65:15 four 56:7 fourth 57:11 freedom 62:24 Friday 10:16 frightened 61:13 62:23 FRILOT 4:4 FRITCHIE 2:11 front 60:17 FULCE 2:19 full 26:19 71:1 G gap 46:15 gasket 17:25 38:4 40:1 gaskets 17:1,16 Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 75 of 82 WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 76 27:2,2 38:1 39:9 39:11,21,24 49:12 49:15,21 gasping 67:17 GE 4:2 8:2 10:13 gears 44:17 general 10:2 28:21 28:24 31:3,5,5,11 35:3,8,9,25 65:16 66:7 Generally 39:9 generation 65:6,7,8 65:11 generator 21:12 generators 29:14 32:19 Gerolyn 2:5 9:23 getting 32:23 give 30:25 55:12 62:19 given 1:21 22:23 glued 19:3 go 10:22 12:17 13:9 24:18 34:6 55:4 57:25 64:8,18 67:4 68:14 going 9:6 14:15 17:9 24:16 29:17 40:3,16,16 46:8 46:17 51:15 55:8 55:10,11,13,21,23 56:19 57:17 58:21 60:11,25 62:3 64:10 68:16 69:1 69:6 good 57:13 62:12 67:13,14,17 Google 65:25 Goulds 3:16 9:10 44:18 graphical 65:9 GRAPPLE 41:3 Gray 37:21 38:17 38:18,18 39:8 40:21,24 41:1 great 12:23 13:5,13 grit 70:8 gross 57:9 70:11 ground 23:3 growing 57:5 68:9 GSB-8 41:4 Guantanamo 62:18 guidelines 72:12 GUIs 65:8 gum 64:10 guy 18:16 64:3 H ha-ha 12:18 Hachiman 66:17 Hainkel's 10:2,13 hair 46:16 half 55:15 57:16 half-inch 52:4 hammer 17:20 38:9,10 hand 40:15 58:20 handicap 67:19 handle 61:15 handling 27:10 43:16,18 47:15 hands 68:16 69:4 happened 32:2 happening 24:9 happy 58:13 hard 15:6 17:7 65:21 70:13 harm 23:4 HART 5:10,11 Hattiesburg 2:22 hazards 36:7,8 head 44:13 68:16 heads 42:24 hearings 10:15 heart 55:17 heavy 18:21 70:3 held 15:13 help 62:11 helps 69:24 hereinbefore 72:7 hereto 6:3 high 56:19 58:17 Highland 4:14 highly 58:24 hit 68:17 69:8,9 hobby 66:6 hole 56:23 57:1 holes 17:21 home 62:1,2 horse 68:1 69:12 hot 36:9 68:11 hour 62:12 hours 19:5 62:14 house 40:14 Houston 55:4 56:7 57:18 HUBBARD 4:12 huge 58:15,15 human 46:16 humidity 45:3 hundred 41:9 hundreds 66:23,23 hurt 58:21 I Idaho 32:7 33:8 identification 21:23 III 3:4 ill 8:19 Imagine 40:13,13 immediately 14:20 55:2 impeller 46:14 Inari 66:16 inch 46:16 51:12 52:3,5 include 27:9 included 27:1 incredible 71:1 indicated 10:18 36:22 indicating 16:2 18:6 30:8 40:8,12 40:14 43:21,22 53:16 56:10,13 59:6 67:16 68:8 indication 12:24 57:14,15 individual 58:16 inert 23:3 information 8:13 8:16 inside 17:22 32:16 46:5,14 55:14 inspected 12:22 inspecting 56:25 instance 17:2 37:25 65:23 66:8 69:23 instructions 27:9 insulated 18:23 25:6,7 26:6 44:23 59:3 insulating 35:1 insulation 18:18 19:2,15 25:8,11 25:23 30:10 32:20 32:23 34:15 36:10 36:11 43:14 45:7 45:11,12 47:11 53:5 58:18,19 intended 24:5 intending 55:15 interested 72:15 interfaces 65:9 International 2:18 3:2 9:1,21 Internet 65:7 interrupt 16:4 intestinal 70:14 intuitive 46:6 invented 65:6,7,8 inventing 65:5 IRWIN 2:11 itch 68:7 itches 68:6 itching 69:13 itemized 10:24 J Jackson 14:5,13,13 15:19 54:12,14,15 60:14,16 JACQUELINE 3:18 January 11:23 Japan 66:9 Japanese 66:9,14 66:20 Jennifer 5:4 9:4 33:25 job 34:24 35:1,22 42:25 43:4 62:24 Johns 5:14 6:20 11:9,10 72:5,19 join 8:23 45:21,23 46:23 47:23 63:14 63:16,18 joins 9:10,13,18,21 JONATHAN 2:6 Judge 1:9 July 13:24 jumped 65:19 june 16:9,9 65:20 junk 21:10 K keep 29:14 34:16 58:12 61:20,21 Kelly 10:16 KEN 5:11 KERRIGAN 3:3 5:3 kicked 68:1 69:12 killers 70:9 kind 15:24 22:13 37:8 38:10 43:10 44:17 61:1,1 71:3 kit 40:19 kits 39:20,24 40:22 42:19 51:22 knew 12:8 35:21,21 47:8 knives 17:7 knock 62:10 69:25 know 10:1 12:7,8 17:10 19:11 21:2 21:18,24 22:5 25:3 30:18 31:1,4 32:25 34:24 35:2 35:19,19 36:9 39:19 40:16 41:5 41:5,7 44:19 45:5 46:25 50:18 51:4 51:20 52:7,10,11 Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 76 of 82 WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 77 52:11 53:10,17 55:8 57:9 59:16 59:22 60:3 61:7,7 61:9,19,19,24 62:5,6,17,19,20 63:1 64:7,15 66:18,18,24 67:20 68:14,18 knowing 64:9 Knowles 1:10 known 57:4 knows 15:7 24:15 61:8 64:12 KUCHLER 3:9 L L 3:19 6:1 lab 54:22,23 label 41:8 laborious 43:10 labs 54:22 large 21:1 larger 13:10 laugh 64:9 law 6:7 layer 25:7 layered 68:2 laying 68:4 lead 60:25 leading 19:22 31:16 37:1 50:22 learn 64:11 66:14 learned 12:4 learning 32:11 64:13 leaving 69:2 left 35:17 left-hand 66:10 let's 12:17 13:3,9,9 13:9 14:4,6 43:12 libraries 38:21 64:13 life 28:2 66:25 71:4 71:5 lifestyle 64:21 lift 24:19 69:3 lights 29:14 line 23:5 53:2 lining 15:24 43:8 Liquid 4:11 9:15 lit 29:14 little 18:4 19:16 65:9 live 71:5 LLC 4:4 load 14:1 long 43:13 56:17 60:20 longer 29:20 look 17:5 21:9 46:8 looking 14:5 losing 43:3 lot 29:13 33:5,6 44:15,23 48:12 54:23 58:12,16 61:4,14 67:18 lots 48:19 Louisiana 1:2,20 1:23 2:8,15 3:6,14 3:22 4:8,23 5:6,10 6:21 11:8,13,21 72:6,13,21 low 60:19 LSU 67:2 lump 69:9 lung 16:1 55:10,11 57:13 lymph 56:9 M M 2:12 M.D 14:23 54:17 54:19,22,23 ma'am 23:15,19 57:20 machined 49:14 machinist's 14:18 Mag 1:10 MAGALI 3:11 Magazine 3:5 5:5 65:1,18 main 24:4 maintain 29:20 maintaining 16:22 37:24 maintenance 18:8 major 20:14,21,22 21:4,16 56:7 making 17:16,16 39:9 49:12,20 man 56:21 58:9 68:15,17 69:8 Mandeville 1:23 2:8 manual 26:20 38:19,19,25 41:14 46:2,18 50:3,12 50:16 51:25 52:1 52:2 manually 24:19,24 manuals 26:15 38:20,21 59:14,15 manufacture 60:8 60:8 manufactured 19:9 20:11 30:19 44:9 59:10 60:4 manufacturer 21:5 26:7,24 40:20 42:15 manufacturer's 19:15 21:17 26:20 30:24,24 38:24 41:8 46:9 48:10 50:3 60:6 manufacturers 28:14,19 37:5 44:12 48:7,19 manufacturers' 48:22 Marine 37:22 38:17,18,18 39:8 40:21,24 41:1 marines 37:18,21 58:10 mate 14:18 mathematical 66:2 mathematicians 66:3 matter 8:7 11:4 24:2 30:22 40:4 45:8,9 53:10 60:20 72:15 mean 14:20 16:4 62:5 means 60:22,22 70:5 measure 43:4 measurements 43:16 med 67:1,3 Medical 60:23 medications 62:10 62:12 69:24 medicine 54:21 70:6 meet 68:20 MELANCON 2:12 9:17 42:12 membrane 55:16 55:18 mentioned 27:18 meso- 56:18 mesothelioma 10:10 11:25 12:3 12:13 54:16 57:4 60:18,25 64:1 mesothelium 15:24 mess 32:25 71:2 Metairie 4:23 metal 40:3 53:6 method 72:9 Michizane 66:19 micrometers 42:25 military 51:12 million 31:3 mind 48:20 61:15 62:3 mineral 23:1 minus 58:20 minute 14:25 18:12 57:25 63:23 minutes 70:21,24 missed 13:11,11 Mississippi 2:22 4:16 MITCHELL 4:12 4:13 9:14 39:14 model 30:25 60:7 models 41:5 moment 70:10 Monday 10:12 57:16,19 60:10 month 70:17 months 13:3,20,23 21:9 60:22 MOORE 2:11 Morgan 1:9 morning 10:8 Morrill 5:2 9:5 48:14 49:24 50:15 50:17 52:13,14 54:5 motion 10:9,21 Motors 2:10 9:18 mouses 65:10 move 35:3 movements 70:17 MRIs 56:4 muffler 38:7 mufflers 39:10 mule 68:1 N N 6:1 7:1 name 11:17 18:10 19:16 33:15 44:20 48:10 54:21 66:1 names 64:14 National 32:6 33:7 33:19 nature 21:16 nauseated 70:1 Navy 14:17 16:8,9 21:8 22:4,25 26:19 28:2 32:9 36:12 47:7 48:24 64:4 near 61:16 neck 56:9 need 15:9 24:17 52:3,4,5 57:10 58:11,17,19 needed 66:14 needle 13:3,4,11 Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 77 of 82 WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 78 14:7,10 never 22:22,23,23 27:17,20,22 35:25 36:10 62:1,9,16 64:17 68:3 new 1:20 2:15 3:6 3:14,22 4:8 5:6 11:13,20 17:1 32:22 38:4 39:12 39:18 45:11 49:14 49:20 56:6 news 12:23 13:5,13 28:4 night 61:17 62:7 64:8 69:19 70:6 nightmares 61:19 61:23,23,23,24,25 62:13,14 nights 61:18 nighttime 61:18 nine 60:9 no-three-in-line 65:24 66:1 No.2:15-cv-06394 1:8 NOBLE 58:8 nodes 56:9 non-responsive 22:7 23:7 25:19 26:10 30:15 33:10 45:16 46:20 47:20 53:19 63:11 North 4:21 note 9:5 notice 6:7 10:1,5 notified 14:14 November 10:4 nowadays 65:3 number 30:25 31:1 43:12 72:22 numbers 60:7,7 O O 6:1 oath 6:22 object 8:9,14 16:15 16:17 20:19 22:7 22:16,20 23:7,13 23:17,25 25:19 26:2,10 27:5,13 27:15,24 28:17 29:1,8 30:15 31:15,24 33:10 34:12 35:12 36:3 36:17 39:3 41:20 41:22 42:11,13 45:16 46:20 47:4 47:20 49:2,4 50:5 50:24 51:7,18 52:16,25 53:19,25 54:8 59:19 63:11 objection 8:24 9:6 9:11,19 10:19 15:9,10 16:19 19:22 20:1,6,8 31:18 34:6 37:1,3 37:12 39:15 45:19 47:23 49:8,17 50:22 63:14 objections 10:7 15:10 obtain 8:13 Occasionally 69:13 occurrence 17:13 Ocean 58:14 office 2:21 14:21 officer 42:1,5 72:6 offices 1:21 officiated 6:22 offline 32:13 oh 12:16 13:5 14:8 25:25 26:17 30:20 32:24 39:13 41:15 43:11 48:8 54:6 56:3 66:22 68:17 69:8 71:2 Okay 12:4,14 16:5 16:21 19:24,25,25 20:4,10,17 28:19 34:5 35:3,5 37:6 37:10 41:12 44:11 47:6 51:1,1 52:3 52:11,23 54:15 56:14,15 57:24 58:7 60:16 61:12 62:22 63:20,24 64:25 67:25 69:23 old 17:4 18:18 19:2 30:1 32:20 38:7 45:11 55:7 once 66:11 68:22 ones 44:11 online 32:13 open 24:23 40:2 46:7 opening 45:10 opens 24:10 operate 32:11 operation 33:7 55:6,7,9 56:18 57:17,21 62:4 OPERATOR 11:1 15:3,15 63:3,8 71:9 opinions 72:14 Orleans 1:20 2:15 3:6,14,22 4:8 5:6 11:13,20 56:6 outcome 72:15 outside 18:23 46:13 56:16 overall 42:22 overhaul 42:21 overhead 32:22 overlain 69:13,14 oversee 20:16 oxygen 14:2 P P 2:5 6:1 Pacific 58:11,14 package 47:11 51:9 packaging 47:11 47:12 59:24 packing 17:3,4 48:3 51:10 52:4,4 52:5,6 PAGE 7:2 pages 72:8 pain 62:9,9,10 67:9 67:10,23,24,25 69:19,21,23,25 70:5,9,25 paint 53:8 parallel 32:12 Pardon 14:1 18:12 parking 67:18 Parkway 1:20 4:14 11:13,20 part 30:5 44:16 68:9 particular 19:8,19 20:2,11 51:14 parties 6:3 72:15 parts 23:21 25:24 27:10 28:12 31:9 31:10,11,20 34:8 35:7,7 39:8,19 40:2 47:1 50:19 51:5 party 64:18,19 pass 70:15 pat 68:16 patron 66:20 patterns 64:14 patting 69:8 peen 17:20 38:9 pen 17:6 people 21:19 42:2 58:12 62:18 64:4 64:18 66:3 percent 24:24 28:20 45:2 performed 56:2 period 13:2 perpetuation 1:17 6:5 15:8 71:11 persisted 13:1,7 person 64:18 personal 72:9 PET 56:4 Peter 4:5 8:2 petty 42:1 phone 55:2 65:5 picture 21:24 pictures 65:10,13 piece 18:15,17 20:14 21:10 26:18 38:22 pieces 18:5 pill 61:21 pills 61:20 pipe 17:22 40:5,5 53:12 58:20 pipes 32:21 place 60:8 places 21:19 Plaintiff 2:3 9:24 plates 19:16,17 played 26:23 pleadings 8:6 please 11:10 14:22 56:12 58:6 63:6,6 pleural 56:18 PLLC 2:19 plus 30:21 pneumonectomy 10:12 57:22 60:12 point 29:21 56:11 56:15 POLK 3:9 poof 53:16 poor 60:21 portion 22:8 23:8 25:20 26:11 30:16 33:11 45:17 46:20 47:21 53:20 portions 63:12 positive 14:11 possibly 61:16 Post 2:21 pound 18:2 Poydras 2:14 3:12 3:20 4:6 pre-made 39:24 40:19,22 42:19 precautions 34:20 precise 29:15 60:23 prepared 10:21 72:9,11 prescribe 54:14 prescription 62:10 62:12 69:24 present 20:16 pressure 24:9 Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 78 of 82 WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 79 pressurized 24:6 pretty 48:22 prevent 24:8 34:20 prevents 16:1 24:11 primarily 16:22 18:7 29:10,10 49:11 53:7 64:17 primary 68:22 prior 8:10 10:7 probably 65:4 problem 13:7 24:13 58:22 65:24 66:2 problems 13:22 45:5 procedure 6:6 54:2 54:5 72:13 procedures 56:1,8 proceed 8:21 54:18 proceeding 10:20 process 43:10 products 37:4 51:15 prognosis 60:15,19 program 65:15 prohibition 72:13 pronounce 44:15 proper 29:20 protect 62:25 protecting 62:24 prototype 32:9 34:2 provide 22:13 provided 8:10 10:23 27:20 psyche 62:5 public 65:22 published 64:24 65:1 PUENTE 3:11 8:22 45:20 63:17 PUGH 3:17 pull 16:25 17:6 18:1 19:14 29:22 30:11 40:7 53:15 59:5 pulmonologist 14:6 pump 5:2 9:4 44:21 44:25 45:4,4,9 pumps 3:8,16 8:23 9:10 18:9 37:14 44:7,9,13,16,18 44:19,22,22,23,24 45:10,25 47:1 punched 57:1 punctured 56:23 purifiers 18:9 44:17 purposes 6:5 pursuant 6:7 pursuing 66:5 push 69:20 put 17:1,2,19 21:2 30:12 32:13 45:11 49:22 56:23 58:20 65:4 68:15 putting 32:22 Q quash 10:9,21 question 16:6 52:9 questions 15:22 quickest 67:5 R R 4:5 R.S 72:7 rag 17:24 18:1 40:4 40:7 53:12,16 ramp 37:20 rate 56:20 60:19 RDR 72:5 re- 32:14 reach 30:10 reactor 32:6 33:7 34:17 35:2 reading 6:8 46:18 real 25:14 28:3 32:25 45:6 71:4 really 17:7 18:3,21 20:21,22 21:4 24:16 61:5 62:19 reask 37:4 reason 44:19 recall 48:6 reclining 69:17 record 8:20 11:17 15:4,6,12,14,16 63:4,9 71:10 redepose 8:12 redoing 34:15 reduction 44:17 reflect 42:4 refrigerate 58:11 refrigeration 58:2 58:14 regard 22:18 23:11 23:22 27:10,21 36:14 51:3 regular 13:25 reinsulating 32:14 related 72:14 relationships 72:13 religion 66:15 remains 56:17 remember 18:24 41:6 44:11,11,18 44:18 48:11 remove 39:11,23 55:11 removed 27:2 39:25 rep 21:17 22:3 repack 16:23 repacking 49:11,20 repair 18:24,25 20:23 21:16 30:12 45:13,14,14 53:5 repaired 16:25 25:3 29:23 30:2 38:3 45:25 49:22 repairing 18:15 45:9 46:1 repairs 18:22 20:22 21:4 59:13 repeating 53:11 replace 25:1,4 29:24 30:2 59:1,6 replacing 46:10 55:15,16 reported 5:13 72:8 Reporter 5:15 6:21 11:9,15 72:5,20 REPORTER'S 72:1 reporting 72:9 representative 21:5 representatives 22:13 REPRESENTING 2:3,10,18 3:2,8,16 4:2,11,18 5:2 required 72:12 reservation 8:24 reserve 8:3,11 reserved 15:11 responsible 70:7 responsive 8:6 rest 18:11,13 43:11 68:10 result 8:15 results 70:18 retain 70:20 retrospect 35:19 return 62:2 rib 55:11 ribs 57:6 68:10 RICHARD 4:13 RICHESON 3:10 Ridgeland 4:16 Rigel 64:15 right 12:19 14:23 21:7,13 26:14 30:21 33:4 42:5 43:23 44:12 46:18 48:4,6 52:7,8 54:16 57:16 63:1 63:2 69:18 rights 8:4,11 ring 46:13 rings 46:11 ripping 43:14 RMR 72:5 rock 23:2 rocks 17:8 70:14 ROCKY 2:20 Roger 5:14 6:20 11:9 72:5,19 roll 69:18 rolling 55:3 rolls 17:18 ROMERO 3:18 9:9 33:14,23 45:15 46:19 47:22 50:6 63:13 room 19:6 32:15,17 45:1 55:12 rooms 14:19 37:8 59:3 rotating 46:15 Roussel 1:21 2:4,5 7:3 9:22,23 11:16 15:1,5,17 16:18 19:23 20:7 22:9 22:17 23:9,20 25:21 26:12 27:8 27:19 28:6,22 29:4 30:17 31:17 33:12,18 34:4,18 35:24 36:13,20 37:2 38:15 39:6 39:22 42:7,17 45:24 46:24 47:17 47:24 49:16 50:10 51:2,13,19 52:20 53:21 54:1,11 60:2 63:22 71:7 RPR 5:14 ruin 17:23 rules 6:6 72:12,14 run 29:12 32:8 37:21 running 34:17 37:23 45:3,8 rupture 24:12 S S 6:1 sac 55:17 Sadly 44:5 safety 23:22 24:3,8 24:13 25:22 sailor 22:4 sailors 22:4 64:9,12 Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 79 of 82 WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 80 saint 66:20 sample 13:10 samples 57:3 saw 12:15 27:22 31:3 36:10 41:7 47:9 48:16 68:18 69:10 saying 21:9 28:9 says 38:12 60:17,21 60:23 scan 14:4 15:23 scans 56:4,5 scared 55:20 61:12 scheduled 10:11 SCHELL 3:9 School 54:20 science 60:23 64:3 64:22 scrape 55:13 scrapers 53:9 screen 65:7 sea 21:11 45:3 58:23,24 sealing 6:11 second 57:1 68:23 sects 66:22,24 Security 10:24 see 13:20 17:8,11 18:20 21:6 24:4 29:11 34:3 40:12 40:16 43:1,25 45:1 55:4,5,7 57:5 57:9,10,13 61:13 62:13 64:17 65:3 65:20 71:6 send 25:2 29:23 30:11 49:13 sent 54:13 65:17 September 12:5,9 12:10 14:12 54:24 serial 30:25 60:7 served 8:8 9:25 10:4,5 16:8 22:25 service 28:9 38:19 38:20 set 72:7 sheet 17:17 18:2 SHELLEY 3:19 Shinto 66:15,24 ship 19:1,11 21:10 26:19 37:16 41:2 58:7 ships 38:20 shipyard 18:25 21:6,20 22:2 29:25 35:14,16 shipyard's 32:1 shipyards 18:14 21:17,19 shop 38:3 shore 37:19 shortness 67:12 show 57:8 shrine 66:16,17 shut 24:20,22 29:22 side 12:19 16:2 48:15 57:6 66:9 66:10 69:19,25 sign 31:7 signing 6:9 sir 11:17,24 36:21 sit 24:14 70:8 site 21:6 sits 53:3 sitting 18:16 situation 14:14 61:14 six 44:12 60:22 sky 64:6 slack 42:2 sleep 61:22 62:13 62:14 69:16,17 sleeping 61:20 smaller 58:16 smooshes 15:25 Social 10:24 soften 70:21 solid 23:5 sounds 17:10 space 32:16 spec 29:19 51:12 spec'd 51:14 specific 29:13 32:4 specifically 6:9,11 specification 43:5 specifications 26:21 43:7 specified 42:9,15 52:7,13 speed 29:20 speeds 29:13,16 spend 64:13 spent 59:21 66:15 sphincter 70:16 split 31:19 spread 56:16 stand 42:2 standard 38:7 stars 64:6,7,10,11 64:12,15 68:18 69:10 start 28:9 43:2 62:13,15 started 55:3 starts 24:9 70:24 state 6:21 11:17 15:12 72:5,21 statement 10:7,25 States 1:1 11:7 16:9 stationary 46:13 statistics 61:7 statute 72:12 stay 14:22 steam 16:24 29:17 53:2 58:22 steam-driven 14:19 steel 19:17 stenotype 72:8 step 26:24,25,25,25 stick 40:3 48:20 57:1 sticks 53:5 stiff 18:4 STILES 3:3 5:3 stings 68:5 69:15 STIPULATED 6:2 stool 70:21 stools 70:13 stop 14:25 38:16 stopped 13:21 stopping 67:16 stops 62:9,16 story 66:18 STOUT 3:4 8:25 36:25 37:11 42:10 straight 60:16 STRAIN 4:12 street 2:14 3:5,12 3:20 4:6 5:5 66:10,11 strict 65:12,12 stuck 21:11 57:12 students 66:21 studied 67:7 study 66:25 studying 66:7,15 stuff 17:7,21,22,24 18:1,19 21:3,25 35:21 38:11 39:21 40:4,12 44:16,18 48:12 53:3,12,13 62:5,20 65:10,13 68:25 69:15 successful 56:20 suction 44:25 Sugarbaker 54:21 55:4,5 60:11 61:3 68:23 Sugawara 66:19 Sugazar 66:19 Suite 2:13 3:13,21 4:7,15,22 sun 56:3 sunrise 65:2,16 sunset 65:2,16 supervision 72:10 supposed 70:3 sure 13:14 19:12 24:19,22 39:17 44:14 48:18,18 53:13 surgeries 68:25 surgery 13:10,17 55:23 surrounded 25:23 survival 60:19,20 survive 62:4 swear 11:10 sweep 35:18 sweeping 35:20 sworn 11:14 72:7 symptoms 67:10 systems 4:11 9:15 59:12,14 T T 6:1,1 Tafaro 4:5 8:1,2 16:14 19:21 20:5 20:18 22:6,15,19 23:6,12,24 25:18 26:1,9 27:4,12,23 28:16,25 29:7 30:14 31:14,23 33:9 34:11 35:11 36:2,16 39:2 41:21 63:15 Tafaro's 9:19 tag 19:16 30:24,24 67:19 tags 21:23 60:6,6 take 13:10 25:1 32:13 34:20 38:1 38:8 45:10 53:4 55:10,10 57:2 58:25 62:2 69:24 70:5,19,19 taken 6:5 11:4,6 49:21 72:6 takes 44:25 58:13 talk 71:4 talked 28:11 48:2 67:8 talking 26:14 technology 65:6 teeth 70:8 tell 22:1 55:20 60:14,21 66:16 telling 15:19 tells 26:21 temperature 36:8 45:6 58:17,19 term 60:20 61:17 terminal 61:10,16 terrifying 62:6,7 Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 80 of 82 WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 81 test 42:25 56:3 testify 11:15 72:7 testimony 8:14 72:6,8 Testing 32:6 33:8 33:19 Texas 68:20,21,22 text 65:12 Thank 9:15 33:24 71:8 thanks 63:1 thick 30:8 thickens 15:25 thickness 46:16 thing 25:5,14 42:20 45:8 48:9 49:25 49:25 57:11 59:4 66:25 things 16:23 17:5 18:6,22 41:7 46:5 46:7,11 62:8 64:2 65:14,21 70:11 71:3 think 48:14 61:5 62:2 66:22 thinking 14:7 third 69:1,2 THOMPSON 3:19 thoracentesis 12:20 thought 61:16 three 13:2,20 21:8 three-quarter 51:11 52:3 throat 57:13 throttle 29:11,17 Thursday 69:2 tick 66:14 tight 46:12 time 8:17 14:11 16:11 17:15 18:5 24:15,25 28:20 36:11 39:12,12 40:1 42:23 45:6 48:16 67:9,11 68:24 times 41:9 65:2 67:24 tiny 25:16 tissue 57:2 today 11:24 70:5,8 toilet 71:1 told 54:25 tolerances 43:1 46:12 tomorrow 10:15 tools 26:21 top 44:12 68:3,4 torches 20:25 torture 62:19 touch 36:9 69:6 tract 70:14 transcribed 72:9 transcript 72:10,11 72:11 transport 37:17 58:8 treatment 14:9 trip 69:1,2 true 41:16 72:10 try 17:6 55:13 67:19 trying 17:5,8 19:2 32:19 34:16 61:1 68:13 TSA 68:15 69:3 tube 56:24 57:12 tumor 55:14 57:5 68:9 turbine 28:13,19 30:4,6,19 59:4 turbines 18:9 28:12 28:13 29:6,12,16 29:21 31:9,12,13 31:21,22 32:12 35:8,10 turn 29:15 turns 54:18 TV 56:24 57:12 twice 68:22 twilight 65:3 two 43:24,24 48:19 48:22 57:6 58:13 60:22 62:14 TYNER 2:19 U U 6:1 understand 8:19 understanding 72:11 uniforms 22:5 33:2 33:4 union 34:24 unit 19:18 United 1:1 11:7 16:8 units 58:14,23 unsleeping 61:21 unsolicited 65:19 upbeat 61:4 upright 69:20 URQUHART 2:11 use 17:5,19 26:22 42:25 50:12 51:15 51:20 52:13 67:19 70:3 user 65:9 uses 54:22 USS 32:10 41:2 58:8 V vacuum 24:6 valve 16:24 17:2,3 24:22 25:1,2,2,4,5 25:9,11,22 29:22 29:24 30:1 48:11 48:15 49:21 52:22 53:2,4 valves 16:24 17:14 18:9 23:22 24:3,8 24:14,19 29:11,17 29:18 30:3,9 37:14 48:1,2,3,7,9 48:12,12,22 49:11 49:13,19,20,24 50:1,12,13,16 51:4,16,21 53:23 54:5 59:1 various 26:14 37:4 45:25 47:1 58:1 versus 1:8 11:5 vessel 33:15 37:17 vessels 58:1 vicinity 35:15 video 5:10,10 11:1 15:2,3,15 63:3,8 71:9 videotaped 1:17 11:2 visually 56:25 W W 2:20 wait 30:1 34:5 55:1 70:23 waived 6:9,12 walk 67:15 68:13 walked 14:23 walking 56:21 wander 21:20,22 want 8:3 15:11 21:7 41:5 44:15 57:8 67:3,7 70:23 wanted 54:17 55:5 62:18 70:6 wanting 61:20 wants 21:5 warning 22:14 36:11 warnings 22:24 23:11 27:20 28:1 36:1,6,7,14 Warren 3:8 8:23 44:22 wasn't 25:6 37:22 43:16 47:14 water 45:3 58:23 58:24 wave 40:15 way 26:4 27:1 32:24 46:17 61:2 61:17 65:15 66:12 66:13 67:5,16 69:22 70:19 We'll 57:24 63:23 we're 11:24 13:14 15:16 43:11,13 wear 21:23 43:2 wearing 46:11,13 Wednesday 1:23 weeks 58:13 64:13 WEINER 3:9 welded 19:18 welding 20:25 21:3 WENDEL 3:4 went 12:15,20 13:23 14:21 15:22 21:10 54:23 55:2 56:7,24 66:8 68:19 weren't 24:20 26:6 West 1:22 2:7 Westinghouse 28:21,24 30:18,19 31:2,9,21,22 32:5 32:8,14,17 33:1,3 34:9,10,14,19,20 Westinghouse's 32:3 WILKINSON 4:19 William 1:6,19 9:24 11:3,4,12,18 WILLIAMS 4:12 willing 8:21 57:10 Wind 71:1 wire 40:6 53:8 witness 6:4,23 11:11 17:10 20:20 22:21 23:14,18 24:1 26:3 27:6,16 27:25 28:18 29:2 29:9 31:25 33:21 34:1,13 35:13 36:4,18 37:13 39:4,16 41:23 42:14 47:5 49:9 50:8,25 51:8 52:17 53:1 54:9 59:20 63:5,19 72:7 wool 18:4 words 51:24 wore 22:4 work 21:12 24:3,5 24:16,17,25 26:5 Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 81 of 82 WILLIAM BELL (PERPETUATION) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 82 26:16 28:12,12 29:11 32:19 40:25 41:13 50:2,16 54:19,22,23 58:1 61:17 worked 14:18 20:15 22:11 23:21 38:23,24 41:2,10 41:17 47:6,7 50:1 50:11,13,15,19 51:5 64:5,6 67:1 worker 22:3 workers 32:1 35:14 35:16 working 17:13 18:15,17 19:13 26:13 31:13 32:2 32:5 35:14 38:17 40:21 43:15,19 58:1 59:4,22 65:23 works 54:20 workup 55:22 world 26:19 worry 13:15 23:4 wouldn't 26:5 35:23 42:2 write 65:15 wrong 66:9,12 X X 7:1 X-ray 12:17 13:25 14:3 X-rays 13:20 Y yards 60:9 yeah 14:17 24:2 25:25,25 26:17 27:3,7,17 31:2 33:22 36:24,24 39:13 42:20 43:24 44:2 48:2,8,8,8,23 48:25 49:10 55:25 64:23 68:21 year 12:5,10 13:24 years 12:16 14:18 22:25 23:5 24:14 28:7 47:6 53:3 55:7 59:21 60:22 66:5,15 York 2:18 9:21 59:11,12,14,15,17 60:4 Z Z 59:12 zero 47:16 0 1 1,200 58:10 1,400 58:10 100 45:2 58:20,21 1062 4:14 11 7:3 110 45:2 1100 3:20 4:6 1200 4:22 1300 3:13 1434 72:14 15 70:20,23 1550 1:22 2:7 1615 3:12 1646 2:21 18 13:23 1943 11:23 1960 16:9 1960s 47:14 1968 16:10 1976 65:23 1984 64:25 65:5 2 2 1:24 20 70:21,23 200 58:22 2014 13:8,19 2015 1:24 12:10 222 4:15 2700 2:13 29 13:18 2nd 10:4 3 3 43:12,14 3/1000ths 46:15 31st 11:23 3200 3:21 350 58:9 3517 1:20 11:13,20 37:2554 72:7 3700 4:7 3900 4:21 39157 4:16 39403 2:22 3rd 12:5,9,10 14:12 14:21 54:24 4 4 43:15 400 2:14 5 50 24:24 6 7 70002 4:23 70006 1:21 11:14 11:21 70112 3:14 70130 2:15 3:6 5:6 70163 3:22 4:8 70471 1:23 2:8 72 55:7 74010 5:15 72:22 755 3:5 5:5 7th 57:20 8 9 99 28:20 Case 2:15-cv-06394-LMA-DEK Document 229-4 Filed 08/17/16 Page 82 of 82 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA WILLIAM BELL * Civil Action VERSUS No.2:15-cv-06394 Judge Morgan FOSTER-WHEELER ENERGY Mag. Knowles CORP., ET AL * * * * * * * * * * * * Videotaped Discovery Deposition of WILLIAM CHARLES BELL, 3517 Clearview Parkway, New Orleans, Louisiana 70006, given at the offices of Roussel & Clement, 1550 West Causeway Approach, Mandeville, Louisiana 70471, on Wednesday, December 2, 2015. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 1 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 2 1 2 APPEARANCES: 3 4 REPRESENTING PLAINTIFF: 5 ROUSSEL & CLEMENT 6 (BY: GEROLYN P. ROUSSEL, ESQUIRE 7 JONATHAN B. CLEMENT, ESQUIRE) 8 1550 West Causeway Approach 9 Mandeville, Louisiana 70471 10 11 12 REPRESENTING CONTINENTAL MOTORS, INC.: 13 IRWIN, FRITCHIE, URQUHART & MOORE 14 (BY: DAVID M. MELANCON, ESQUIRE) 15 Suite 2700 16 400 Poydras Street 17 New Orleans, Louisiana 70130 18 19 20 REPRESENTING YORK INTERNATIONAL CORP.: 21 TYNER, EATON & FULCE, PLLC 22 (BY: ROCKY W. EATON, ESQUIRE) 23 Post Office Box 1646 24 Hattiesburg, Mississippi 39403 25 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 2 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 3 1 APPEARANCES CONTINUED: 2 3 REPRESENTING CAMERON INTERNATIONAL CORP.: 4 DEUTSCH, KERRIGAN & STILES 5 (BY: A. WENDEL STOUT, III, ESQUIRE) 6 755 Magazine Street 7 New Orleans, Louisiana 70130 8 9 REPRESENTING WARREN PUMPS: 10 KUCHLER, POLK, SCHELL, WEINER & 11 RICHESON 12 (BY: MAGALI A. PUENTE, ESQUIRE) 13 1615 Poydras Street 14 Suite 1300 15 New Orleans, Louisiana 70112 16 17 REPRESENTING GOULDS PUMPS, INC.: 18 PUGH ACCARDO 19 (BY: JACQUELINE A. ROMERO, ESQUIRE 20 SHELLEY L. THOMPSON, ESQUIRE) 21 1100 Poydras Street 22 Suite 3200 23 New Orleans, Louisiana 70163 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 3 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 4 1 APPEARANCES CONTINUED: 2 3 REPRESENTING GE, CBS CORP. AND FOSTER-WHEELER 4 ENERGY CORP.: 5 FRILOT, LLC 6 (BY: PETER R. TAFARO, ESQUIRE) 7 1100 Poydras Street 8 Suite 3700 9 New Orleans, Louisiana 70163 10 11 12 REPRESENTING AIR & LIQUID SYSTEMS CORP.: 13 HUBBARD, MITCHELL, WILLIAMS & STRAIN 14 (BY: RICHARD D. MITCHELL, ESQUIRE) 15 1062 Highland Colony Parkway 16 Suite 222 17 Ridgeland, Mississippi 39157 18 19 REPRESENTING CRANE CO.: 20 DOGAN & WILKINSON 21 (BY: BARRY C. CAMPBELL, ESQUIRE) 22 3900 North Causeway Blvd. 23 Suite 1200 24 Metairie, Louisiana 70002 25 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 4 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 5 1 APPEARANCES CONTINUED: 2 3 REPRESENTING AURORA PUMP AND ATWOOD & MORRILL: 4 DEUTSCH, KERRIGAN & STILES 5 (BY: JENNIFER ADAMS, ESQUIRE) 6 755 Magazine Street 7 New Orleans, Louisiana 70130 8 9 10 11 VIDEO BY: HART VIDEO OF LOUISIANA 12 KEN HART, CLVS 13 14 REPORTED BY: 15 ROGER D. JOHNS, CCR, RPR 16 CERTIFIED COURT REPORTER #74010 17 18 19 20 21 22 23 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 5 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 6 1 S T I P U L A T I O N 2 IT IS STIPULATED AND AGREED by and 3 among counsel for the parties hereto that the 4 deposition of the aforementioned witness is 5 being taken for all purposes, including 6 discovery, within the Federal Rules of Civil 7 Procedure, in accordance with law, pursuant to 8 notice; 9 That the formalities of reading and 10 signing are specifically waived; 11 That the formalities of filing, 12 sealing, and certification are specifically 13 waived. 14 15 * * * 16 17 18 19 20 21 ROGER D. JOHNS, CCR, Certified Court 22 Reporter in and for the State of Louisiana, 23 officiated in administering the oath to the 24 witness. 25 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 6 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 7 1 I N D E X 2 PAGE 3 EXAMINATION BY MR. TAFARO 8 4 EXAMINATION BY MS. ROMERO 64 5 EXAMINATION BY MR. TAFARO 87 6 EXAMINATION BY MR. CAMPBELL 131 7 EXAMINATION BY MS. ADAMS 144 8 EXAMINATION BY MR. MELANCON 176 9 EXAMINATION BY MR. EATON 188 10 EXAMINATION BY MR. STOUT 197 11 EXAMINATION BY MS. PUENTE 226 12 EXAMINATION BY MR. MITCHELL 245 13 EXAMINATION BY MS. ROUSSEL 265 14 EXAMINATION BY MS. ADAMS 275 15 16 17 18 19 20 21 22 23 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 7 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 8 1 WILLIAM CHARLES BELL, 2 3517 Clearview Parkway, New Orleans, Louisiana 3 70006, after having previously been sworn by 4 the Court Reporter, did testify as follows: 5 VIDEO OPERATOR: 6 This is the beginning of disk 2. 7 We're back on the record. 8 EXAMINATION BY MR. TAFARO: 9 Q Mr. Bell, my name is Peter Tafaro. 10 I'm going to have a lot of questions for you 11 today. 12 Give us one second while we deal with 13 a technical issue. 14 A Sure. 15 (Whereupon a discussion was held off 16 the record.) 17 EXAMINATION BY MR. TAFARO: 18 Q All right. Let's try this again. 19 Mr. Bell, my name is Peter Tafaro and I am 20 going to have a lot of questions for you today 21 about a lot of different topics, and one thing 22 that I would like you to do for me is if you 23 don't understand my question or if I ask one 24 that's poorly worded, please stop me and just 25 tell me. Because it's probably going to happen Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 8 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 9 1 at some point. And if I am jumping around and 2 I lose you somewhere, just say the word and we 3 will make sure to get on the same page with one 4 another. Okay? 5 A Okay. 6 Q A couple of rules that I am sure your 7 lawyer has probably explained to you, but I 8 want to make sure you understand. You can take 9 a break any time that you want, sir. This -- 10 We're on your time. Okay? If you're not 11 feeling well, you want to take a break, you 12 need something to drink, something to eat, just 13 let me know. 14 And I am going to assume that if I ask 15 you a question and you answered, you understood 16 it. So feel free to stop me at any time. 17 A Okay. 18 Q A lot of times in a deposition we'll 19 start getting on a roll like we're just talking 20 informally. And we need -- And we need to try 21 not to talk over one another. And I will do my 22 best not to do that to you. I have a tendency 23 to do it. I apologize in advance. So please 24 let me get through the question and I will try 25 to let you get through the answer. Because the Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 9 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 10 1 gentleman next to you is taking all of this 2 down. 3 MS. ROUSSEL: 4 Well, let me just state for the 5 record as well, during my portion of 6 the deposition, and this second 7 portion is going to be a separate 8 transcript, we're going to make it a 9 totally separate transcript, I know 10 you all are going to be asking a lot 11 of areas that are totally irrelevant 12 but which may be discoverable, so if 13 you would all agree that we can 14 reserve objections except as to form 15 and responsiveness for this portion of 16 the deposition, I would be agreeable 17 to doing that. Whereas, in my 18 portion, because everything I was 19 asking was relevant to this case, I 20 wasn't agreeable to doing that. On 21 the other hand, if you want me to 22 object after each question, then I 23 will do it. 24 MR. TAFARO: 25 Wait. Why are we doing two Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 10 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 11 1 different transcripts? 2 MS. ROUSSEL: 3 Just for my purposes. 4 MR. TAFARO: 5 I think we're all -- 6 MS. ROUSSEL: 7 It's just -- 8 MR. TAFARO: 9 I want to all play by the same 10 rules. If you have any objections to 11 my questions, -- 12 MS. ROUSSEL: 13 Okay. 14 MR. TAFARO: 15 -- go ahead and do them. 16 MS. ROUSSEL: 17 Then move to strike all of the 18 comments that you just made on the 19 basis that they have absolutely 20 nothing to do with this deposition and 21 are totally irrelevant. 22 MR. TAFARO: 23 Okay. 24 EXAMINATION BY MR. TAFARO: 25 Q Well, those are the instructions as to Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 11 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 12 1 how a deposition goes. So we'll try to use 2 them. 3 Mr. Bell, let me start off and get a 4 general idea of basically your history as to 5 the time from when you were born until 1960 6 when you decided to go to the Navy. Will you 7 generally tell me where you went to school and 8 where you grew up? 9 A Okay. I was born in New Orleans 10 January 31st, 1943 at Baptist Hospital. I grew 11 up in the Eighth Ward on Arts Street, 2630 Arts 12 Street. I went to John A. Shaw Public School, 13 which was a block down the street, for the 14 first, I don't know, about six or seven grades. 15 Then I went to Colton Junior High School. And 16 then after that, I went to Ben Franklin High 17 School the year that Ben Franklin -- it was the 18 first year that it was open. But then, the 19 last year -- the next year I transferred to 20 Francis T. Nicholls High School. And out of 21 high school I enlisted in the Navy. 22 Q During that entire time were you -- 23 The various schools you just told me about, 24 during that entire time were you living in the 25 Eighth Ward on Arts Street? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 12 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 13 1 A Yes. The entire time. 2 Q And then at what age, what age were 3 you when you enlisted in the Navy in 1960? 4 A Seventeen. 5 Q And again, and we'll get into the 6 details afterwards, but from 1960 to 1968 you 7 were in the Navy? 8 A Yes. 9 Q Can you briefly tell me what you did 10 during the various years? And just break it up 11 into the most logical way you can, Mr. Bell. 12 A Okay. I served in the engineering 13 department on four ships during those eight 14 years. The ships were USS NOBLE, the USS 15 GRAPPLE, USS BAINBRIDGE, and USS SAMUEL N. 16 MOORE. 17 I worked in various jobs on these 18 ships. I worked on landing craft on the first 19 ship. I worked in the machine shop on the 20 second ship. And on the third and fourth ships 21 I worked in the engine room itself. 22 Now, when I say in the first ship I 23 worked -- I worked on the boats, I also did 24 work in the engine room and stand watch in the 25 engine room, so -- but basically -- basically Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 13 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 14 1 if it was mechanical, I worked on it on the 2 ship. I worked on winches, I worked on oil 3 strainers, and if it was mechanical and it was 4 on the ship, I worked on it. 5 Q Sir, can you break -- If you can, can 6 you break down the general time that you were 7 on each one of those vessels? For instance, if 8 I appreciate what you told us, I am assuming 9 you gave them to me in order of the ships how 10 you were on them; correct? 11 A Yes. Yes. 12 Q And so the first ship that you served 13 on was the NOBLE; correct? 14 A USS NOBLE. APA-218. Yes, sir. 15 Q And what is the general time frame, to 16 the best of your recollection, that you were on 17 the NOBLE? 18 A From January 31st, 1961 until November 19 of 1962. Now, the reason I remember the first 20 date, it was my 18th birthday. And the reason 21 I remember the last date is because we were 22 doing the -- the Cuban quarantine during the 23 missile crisis of 1962. 24 Q And moving to the next ship, what were 25 the dates, as close as you recall, that you Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 14 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 15 1 were on the GRAPPLE? 2 A Okay. I went on the GRAPPLE, if I 3 remember correctly, it was 1963. And I was on 4 there until 1964. I believe it was September. 5 Now, I got off the GRAPPLE about two months 6 after the great earthquake in -- in Alaska. 7 What was -- I forget -- Anchorage, Alaska. 8 There was a huge earthquake in 1964 in 9 Anchorage, Alaska. And so I got off the 10 GRAPPLE about -- about a month after that 11 earthquake. So I guess that was a year and a 12 half on that ship, too, roughly. 13 Q Moving on to the BAINBRIDGE, what were 14 the approximate years that you served on that 15 vessel, sir? 16 A Okay. I was on the BAINBRIDGE from 17 around October, 1965, could have been September 18 or October, 1965, until the middle of 1966 when 19 I had a knee injury and I was transferred to 20 the hospital and no longer had anything to do 21 with the BAINBRIDGE. So that I got off the 22 BAINBRIDGE in 1966. 23 Q Just to fill in the gap, you told us, 24 and I am going back to the GRAPPLE, you told us 25 that you believed you got on in '63. Do you Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 15 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 16 1 know an approximate month? 2 A I have documentation, exact 3 documentation to that effect. I don't have it 4 in front of me. 5 Q And that's fair. And look, you know, 6 I didn't tell you this. I am going to ask 7 questions, and other people in the room will 8 ask questions, that you may not know the 9 answer. That is a fair answer at any time. 10 So as I appreciate what you just told 11 me, you are in possession of some documentation 12 that is at your home that would document this 13 more thoroughly? 14 A Yeah. 15 Q Okay. We'll get that at a later time 16 from your attorney. 17 Moving on to the SAMUEL MOORE, can you 18 give me the general timeline on that vessel? 19 A From 1967 -- It was probably late 20 1966, because it was in '66 when I ruined my 21 knee. So it was either late 1966 or early '67 22 until I got out of the Navy in June of 1968. 23 Q If I can, I'll try to lump this 24 together. I don't want to belabor it. But can 25 you explain to the jury, if they're watching Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 16 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 17 1 this, what it essentially means when you're 2 serving on these vessels? What does that mean 3 during those dates when you were on the various 4 vessels? 5 MS. ROUSSEL: 6 Object to the form of the 7 question. 8 THE WITNESS: 9 Okay. Basically I was a 10 repairman, and on a day-to-day basis 11 we would just stand regular watches 12 because the ship has to be manned 24 13 hours a day, seven days a week, you 14 know, 52 weeks a year. So primarily 15 my job was a mechanical repairman on 16 all of those ships. 17 EXAMINATION BY MR. TAFARO: 18 Q Were these ships at sea when you were 19 on them? 20 A Yes. 21 Q And -- 22 MS. ROUSSEL: 23 I'll object. He's still 24 answering. 25 EXAMINATION BY MR. TAFARO: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 17 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 18 1 Q I'm sorry. I did not mean to 2 interrupt you. 3 A Okay. Yes, on each one of those four 4 ships I spent one tour of duty overseas in the 5 western Pacific. And the average tour of duty 6 was about seven months in the Orient. 7 Q And that's the same for each of the 8 vessels; correct? 9 A All four. All four, yes, sir. 10 Q Can you explain to the jury when 11 you're on the vessel how it is that you do 12 things such as sleep and eat? Where do you do 13 that? 14 A Well, you sleep in -- you sleep in the 15 berthing compartment. You're eating in the 16 mess decks. It's -- I don't know, it's very -- 17 very orderly and stereotyped. I -- I am not 18 entirely sure what you're asking me, I mean. 19 Q Okay. And let me break it down and 20 explain to you what it is that I mean. 21 At some point a jury may watch this 22 video. 23 MS. ROUSSEL: 24 Move to strike as irrelevant to 25 this. Do you have a question? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 18 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 19 1 MR. TAFARO: 2 Yes, I do. 3 MS. ROUSSEL: 4 Okay. Well, then, ask your 5 question. 6 MR. TAFARO: 7 I assure you I am going to ask a 8 question. 9 EXAMINATION BY MR. TAFARO: 10 Q Mr. Bell, so that you understand my 11 question, because you said you didn't 12 understand, I am going to go ahead and explain 13 it. 14 I want you to assume that we have 15 people on the jury that really don't know 16 anything about the Navy. So I am asking you 17 questions that are extremely basic. 18 A Okay. 19 Q And you will consider them extremely 20 basic. And I want you to explain it to me as 21 if I know absolutely nothing about the Navy. 22 So I will kind of reask the question and maybe 23 ask it a little bit better. 24 MS. ROUSSEL: 25 And move to strike attorney Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 19 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 20 1 colloquy. 2 MR. TAFARO: 3 Okay. 4 EXAMINATION BY MR. TAFARO: 5 Q Sir, if you're on one of these 6 vessels, did you actually sleep on the ship? 7 A Yes. A ship at sea is essentially a 8 city. It's completely contained. We make our 9 own electricity. We distill our drinking water 10 from the ocean. And basically living on a ship 11 is like living in a hotel. You have places 12 where you sleep, you have places where you eat, 13 you have places where you -- where you work. 14 Q And that was the point of what I was 15 trying to get at. So when you're at sea, you 16 are always on the vessel; correct? 17 A Yes. 18 Could I have a short interruption 19 here? 20 Q Absolutely. 21 VIDEO OPERATOR: 22 Off the record. 23 (Whereupon a discussion was held off 24 the record.) 25 VIDEO OPERATOR: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 20 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 21 1 We're now back on the record. 2 EXAMINATION BY MR. TAFARO: 3 Q Mr. Bell, I am going to continue 4 somewhat in a broad sense right now. We will 5 focus in afterwards. 6 You gave us the dates that you were on 7 the various vessels. And then there's -- After 8 you finish a tour, explain to the jury what 9 happens. Do you come back? 10 A Okay. When you go on a tour of duty, 11 you go over there, you do the stuff, when you 12 come back, then you go to a period of training 13 and maintenance on the ship. And then after -- 14 after the ship has been all repaired for the 15 last tour of duty, after all of the crew has 16 been retrained, after the new crew has been 17 retrained, the ship heads back out overseas for 18 another tour of duty. Primarily a tour of duty 19 was about seven months long and about eight or 20 nine months in the States and then back out 21 again. 22 Now, there were a few times in between 23 various ships that I was sent to service 24 schools to learn various things. I'd be gone 25 for like three months at a time to service Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 21 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 22 1 schools. 2 Q Do you have any reason to believe you 3 were exposed to asbestos when you were at the 4 service schools? 5 A No. Other than the National Reactor 6 Testing Center, which was a service school, 7 yes. 8 Q We'll come back to that one. 9 So in a very basic sense, even though 10 you come back to the States, you are still very 11 much in the Navy; correct? 12 A Yes. 13 Q When you came back to the States 14 between the tours, can you tell me where you 15 were located? 16 A Okay. You asking for my home ports? 17 Q Correct. 18 A Okay. The first ship, the home port 19 was San Diego, California. The second ship was 20 home ported in Pearl Harbor, Hawaii. The third 21 and fourth ships were home ported in Long 22 Beach, California. 23 Q Sir, when you were back in the States, 24 where would you sleep at night? 25 A Oh, I stayed on the ship the whole Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 22 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 23 1 time. 2 Q Much like I did before your time in 3 the Navy, can you briefly tell me about your 4 life and what you did after you left the Navy 5 from '68 until today. You don't have to go 6 into great detail, but explain your education 7 and your work, please. 8 A Okay. When I got out of the Navy I 9 went to school on the GI Bill, LSUNO, and got a 10 Bachelor of Science degree in general business 11 administration. And my first job following 12 that -- Well, you see, while I was working on 13 my degree, I was a student worker in one of the 14 remote computer sites. And so I got familiar 15 with the computers to the point that the 16 faculty and staff recognized that I could -- I 17 could work computers. So I was hired by the 18 computer research center at LSUNO and I worked 19 there from 1973 through 1987, at which time I 20 transferred to the LSU Medical Center, which is 21 -- which is downtown. I did essentially the 22 same thing at the LSU Medical Center. I was a 23 computer technician and, you know, I would help 24 people. When they would have trouble with 25 their computer problems, they would come to me Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 23 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 24 1 and I would help the users. It was called user 2 services. I was also a programmer and I 3 managed one -- one of the smaller computer 4 systems. 5 Now, I quit work there in 1994. And 6 the reason I quit was because my parents were 7 in really bad physical condition and they 8 needed a live-in nurse, either that or send 9 them to a nursing home. They -- They begged me 10 not to go to a nursing home, so I just quit my 11 job and took care of them until they passed 12 away. And in the meantime I became eligible 13 for retirement from the LSU system, so I 14 retired from the LSU system and basically just 15 live on the Internet now. 16 Q Please correct me if I am wrong, but 17 as I appreciate it, you lived on Arts Street in 18 the Eighth Ward until you served in the Navy? 19 A Yes. 20 Q And then you lived essentially on the 21 vessels when you weren't off at the classes; 22 correct? 23 A Yes. 24 Q And then I know today you told us you 25 lived on Clearview. In my mind, if I have it Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 24 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 25 1 correct, you're essentially about a block or 2 two off of Veterans Highway; correct? 3 A Yes. Yes. Okay. I moved to New 4 Orleans in 1972. It was my senior year in 5 college. 6 Q And did you move to that address? 7 Have you been at that address in Clearview or 8 have you been elsewhere? 9 A I have been at that address on 10 Clearview ever since, 43 years, or 44, whatever 11 it is now. 12 Q Where did you live from '68 until '72, 13 sir? 14 A On Arts Street. You see, the GI Bill 15 doesn't cover the expenses for -- for a 16 Bachelor's degree, and even working part time 17 jobs I had to live at home just to make ends 18 meet. 19 Q LSUNO is the facility that's located 20 on the lakefront in New Orleans; correct? 21 A It is now known as UNO. But I like to 22 make that distinction, because if I say "UNO", 23 people -- that's imprecise. 24 Q I want to get some basics about your 25 family. Do you have any siblings, Mr. Bell? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 25 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 26 1 A I have a brother. 2 Q What is your brother's name, sir? 3 A John A. Bell, Jr. 4 Q What is his age, sir? 5 A 79. 6 Q And where does he live, sir? 7 A Okay. Currently he lives in a living 8 -- assisted living it's called. 9 Q Where is the assisted living center 10 that he lives? 11 A It's by Lafreniere Park. It's -- I 12 think the name is the Atrium. 13 Q Do you maintain a relationship with 14 your brother, sir? 15 A Oh, yeah. 16 Q You visit him at the assisting living 17 center? 18 A Oh, yeah, yeah. And he passes by the 19 house all the time. His problem is vertigo. 20 He can't -- You know, he can't get around by 21 himself. 22 Q You told us both of your parents 23 passed away; correct? 24 A Now, yes. 25 Q What was your parents' names? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 26 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 27 1 A Okay. My father was John A. Bell, Sr. 2 and my mother was Jenny Phillippi Bell. 3 Phillippi was her maiden name, of course. 4 P-H-I-L-L-I-P-P-I. 5 Q And I understand at some point they 6 were in poor health and you went over to live 7 with them. What conditions were they suffering 8 from? 9 A Mother had Parkinson's disease and dad 10 was just old. He died at 94. 11 Q Did he essentially die of old age? 12 A No. Okay. He died -- He broke a hip 13 at 94 and when the hip was healing, it started 14 casting off blood clots into his bloodstream 15 and that stopped his heart. And I'm sorry to 16 talk about these personal issues, but what 17 caused your mother's death? I believe it was a 18 result of Parkinson's. Now, on the death 19 certificate it says congestive heart failure, 20 but I think that's a kind of catch-all 22, you 21 know. 22 Q Mr. Bell, did you ever get married? 23 A No. 24 Q Did you ever have any children? 25 A No. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 27 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 28 1 Q Did you ever adopt any children? 2 A No. 3 Q Has anyone ever lived with you since 4 you moved into that home on Clearview? 5 A Well, my brother did until fairly 6 recently. 7 Q Other than your brother, you have 8 always lived alone? 9 A Well, okay. That -- Okay. That was 10 my parents' house. That's where I took care of 11 them until they passed away. When they passed 12 away, my brother and I inherited the house and 13 so we just -- just lived there, yeah. 14 Q Okay. And as of today you live alone; 15 correct? 16 A Yes. 17 Q I'm going to lump it all together 18 because I think I know the answer. Do you 19 believe that you were exposed to asbestos at 20 your UNO job or your job for LSU Med? 21 A Absolutely not. No way. 22 Q Do you believe you were exposed to 23 asbestos at all any time after you left the 24 Navy? 25 A No. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 28 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 29 1 Q Were you one to do things like home 2 renovations yourself? 3 A Not -- No. No. 4 Q Do you take care of your own cars, 5 doing mechanical work, or do you bring it to 6 shops? 7 A Oh, no, no, no. I don't do any of 8 that. That's a young person's thing. Not me. 9 Q Well, back when you were a young 10 person in college and things of that nature, 11 would you do your own mechanical work, or would 12 you bring it elsewhere? 13 A No, not really. It's -- It's -- It's 14 so much easier just to take it to the dealer. 15 I mean, the dealer has got the parts, he's got 16 the manuals, he's got everything. 17 Q I am looking at the itemized statement 18 of earnings that was produced to us from your 19 lawyer, and in 1991 you show some 20 self-employment in the amount of $4,932. 21 A Okay. 22 Q Do you know what that was for? 23 A Yes. They -- They were replacing a 24 computer system at the plumbing -- It'll come 25 to me in a minute. There's a plumbers' union Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 29 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 30 1 down -- down right off of -- right off of I-10 2 there, and they were replacing their computer 3 system and they needed an expert to take the 4 pieces and hook them together and make it work. 5 And so my boss said, "Well, would you do this? 6 You know, just on your time." And so I went 7 and installed that computer system for them. 8 Q I want to go back to the Navy and ask 9 some things in a little more detail. You 10 understood joining the Navy could be dangerous; 11 correct? 12 MS. ROUSSEL: 13 Object to the form of the 14 question. Also -- 15 THE WITNESS: 16 Well, -- 17 MS. ROUSSEL: 18 -- overly broad. 19 THE WITNESS: 20 Well, I guess so. It's like -- 21 like joining the Army. The military, 22 you have to realize that, you know, 23 Korea was just over with, Vietnam 24 hadn't started up yet. But that 25 absolutely had nothing to do -- never Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 30 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 31 1 crossed my mind, to be honest. 2 Serving in the 1960s was something 3 Americans did, period. That was -- 4 That was expected. And so the thought 5 of the danger in serving never crossed 6 my mind. 7 EXAMINATION BY MR. TAFARO: 8 Q But you would agree with me that there 9 are a specialized set of dangers associated 10 with serving in the Navy and being on these 11 vessels; correct? 12 MS. ROUSSEL: 13 Object to the form of the 14 question. Also asked and answered. 15 THE WITNESS: 16 How am I supposed to respond? 17 EXAMINATION BY MR. TAFARO: 18 Q Oh. Well, I'll let -- 19 A I don't know how to respond. 20 MS. ROUSSEL: 21 Let me -- Let me indicate, too, 22 that I am objecting to protect the 23 record. Unless I instruct you not to 24 answer, you can answer the question if 25 you're able to answer it. You have Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 31 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 32 1 already answered that question. You 2 said you didn't foresee any dangers. 3 So object, object already asked and 4 answered. 5 EXAMINATION BY MR. TAFARO: 6 Q Serving in the military in general, 7 because you had lumped it together when 8 responding to me, Americans understood there 9 were dangers associated with that in the 1960s; 10 correct? 11 A Yes. 12 MS. ROUSSEL: 13 Object to the form of the 14 question. 15 THE WITNESS: 16 Yes. 17 EXAMINATION BY MR. TAFARO: 18 Q And just so that we get a clean record 19 and a clean video, Miss Roussel is going to 20 sometimes object. If you hear her objecting to 21 my question, go ahead and let her finish 22 whatever she has to say. She is your attorney; 23 she may at times tell you whether to answer or 24 not. But unless she instructs you not to 25 answer, I would ask you to go ahead and answer Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 32 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 33 1 whenever she is done. 2 One of the general concerns when 3 serving on a Naval vessel is that would be 4 fires on the vessel. That would be a concern; 5 would you agree? 6 MS. ROUSSEL: 7 Object to the form of the 8 question. 9 THE WITNESS: 10 Yes. 11 EXAMINATION BY MR. TAFARO: 12 Q And fires on vessels, is one of the 13 reasons to prevent that that they used 14 fireproofing insulation; correct? 15 MS. ROUSSEL: 16 Object to the form of the 17 question. 18 THE WITNESS: 19 Well, I -- I am not -- not 20 entirely sure what you're asking me. 21 Are you asking me if the entire ship 22 is insulated? 23 EXAMINATION BY MR. TAFARO: 24 Q No. I'll rephrase it. One of the 25 reasons that they use fireproofing insulation Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 33 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 34 1 on the vessels is to prevent fires. Would you 2 agree with me? 3 MS. ROUSSEL: 4 Object to the form of the 5 question. Also outside of this 6 gentleman's knowledge. 7 THE WITNESS: 8 Well, I presume so, yes. 9 MS. ROUSSEL: 10 And let me also -- He didn't give 11 you this instruction, but you're not 12 required to guess. If you don't know 13 something, "I don't know" is a 14 perfectly fine answer. 15 THE WITNESS: 16 Okay. Okay. 17 EXAMINATION BY MR. TAFARO: 18 Q I think I did do that, but that's 19 okay. 20 A Okay. 21 Q And that's fair. If you don't know 22 the answers to my question, just say so. 23 A Okay. 24 Q Would you agree with me that a fire on 25 a Naval vessel out at sea would be disastrous? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 34 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 35 1 MS. ROUSSEL: 2 Object to the form of the 3 question. 4 THE WITNESS: 5 Well, it could be. I mean, it 6 depends upon the extent of the fire. 7 I mean, ships are pretty big. Ships 8 do have fires. 9 EXAMINATION BY MR. TAFARO: 10 Q And if the fire was bad enough, it 11 could destroy the whole vessel; correct? 12 MS. ROUSSEL: 13 Object to the form of the 14 question. 15 THE WITNESS: 16 That's -- Yeah, that's possible 17 I'm sure. 18 EXAMINATION BY MR. TAFARO: 19 Q And, in fact, you would lose all the 20 crew members if that did indeed happen; true? 21 MS. ROUSSEL: 22 Object to the form. 23 EXAMINATION BY MR. TAFARO: 24 Q Or could? 25 MS. ROUSSEL: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 35 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 36 1 Object to the form of the 2 question. 3 THE WITNESS: 4 That's really hypothetical. 5 That's really a big stretch. I have 6 never heard of a ship ever losing an 7 entire crew to a fire. Never heard of 8 any such thing in history. 9 EXAMINATION BY MR. TAFARO: 10 Q Let me rephrase it. If there was a 11 bad fire on a vessel, you could lose crew 12 members; correct? 13 A Yes. 14 MS. ROUSSEL: 15 I object to the form of the 16 question. 17 THE WITNESS: 18 Yes. 19 EXAMINATION BY MR. TAFARO: 20 Q Now, before you actually went to the 21 vessels, when you started in Navy you went to 22 boot camp; right? 23 A Yes. 24 Q And in the Navy, one of the things 25 they teach at boot camp is discipline; true? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 36 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 37 1 A Yes. 2 Q And, in fact, the Navy takes 3 discipline very seriously, don't they? 4 A Yes. 5 Q Do you remember being given the 6 Bluejacket Manual? 7 A Okay. I was never actually given one. 8 I bought one. 9 Q Explain to the jury what the 10 Bluejacket Manual is. 11 A Essentially the Bluejacket Manual is a 12 fundamental "This is how to be a sailor." It's 13 basically a how-to textbook for being a sailor. 14 Q And you read that document; correct? 15 A Well, large parts of it, yes. It's a 16 rather thick book, actually. 17 Q And sailors were expected to abide by 18 that book; correct? 19 A Yeah. 20 Q I've heard it essentially been 21 referenced to as the Bible for the general life 22 aspects in the Navy. Would you agree with 23 that? 24 MS. ROUSSEL: 25 Move to strike -- Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 37 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 38 1 THE WITNESS: 2 That is a -- 3 MS. ROUSSEL: 4 -- the attorney colloquy. 5 THE WITNESS: 6 That is an overstatement. Okay. 7 You -- You in general are expected to 8 know what was in this manual, but it 9 was not like a Bible or any such 10 thing. Not when I was in the service, 11 anyway. 12 EXAMINATION BY MR. TAFARO: 13 Q Okay. Well, let he me ask it a little 14 differently. Were you expected to abide by 15 what was in the manual? 16 A Yes. 17 Q You would agree that that manual 18 suggested that if a superior gives orders to a 19 lower man, the lower man is expected to follow 20 those orders; correct? 21 A Yes. 22 Q And the lower ranking man is expected 23 to do the task dictated in that order; correct? 24 A Yes. 25 Q In the Navy, violations of orders are Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 38 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 39 1 considered serious offenses; would you agree? 2 A Yes. 3 MS. ROUSSEL: 4 Object to the form of the 5 question. Also relevance. 6 EXAMINATION BY MR. TAFARO: 7 Q And the Navy expects that discipline 8 requires that every man respect the authority 9 placed over him; true? 10 A Yes. Now, remember, this is not 11 without limits. Because of the -- in that era, 12 immediately after World War II there was a real 13 big push about what orders are legal orders and 14 what orders are illegal orders due to the Nazi 15 holocaust and so yes, we were expected to 16 follow orders, but we were expected to know 17 what was a legal order and what was not a legal 18 order, and we were expected to not follow 19 illegal orders. Now, that sounds kind of 20 complicated and it gets real iffy if an officer 21 tells you something and it's wishy-washy, but 22 basically, basically the officers did not give 23 illegal orders and the sailors did not disobey 24 the officers. 25 Q And thank you for differentiating. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 39 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 40 1 If you were given a legal order, you 2 were expected to follow it; correct? 3 A Absolutely. 4 Q If someone deliberately did not follow 5 a legal order, they could be tried by 6 court-martial or severely punished; true? 7 A Yes. 8 Q Failure to abide by legal orders, even 9 if they lacked what may be considered 10 importance of the order, was not tolerated by 11 the Navy; is that fair? 12 MS. ROUSSEL: 13 Object to the form of the 14 question and to this entire line of 15 questioning. 16 You can answer. 17 THE WITNESS: 18 Yes. 19 EXAMINATION BY MR. TAFARO: 20 Q So it's fair to say that you 21 understood you were to follow legal orders; 22 correct? 23 A Yes. 24 Q You would agree that the Navy also 25 dictated safety precautions to be followed when Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 40 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 41 1 working on the equipment; correct? 2 MS. ROUSSEL: 3 Object to the form of the 4 question. 5 THE WITNESS: 6 Yes. 7 MS. ROUSSEL: 8 What safety precautions? 9 EXAMINATION BY MR. TAFARO: 10 Q If the sailors -- 11 MS. ROUSSEL: 12 Object to the form of the 13 question. Do you -- 14 MR. TAFARO: 15 I understood. I heard the 16 objection, Counsel. 17 MS. ROUSSEL: 18 Okay. 19 EXAMINATION BY MR. TAFARO: 20 Q If a sailor did not follow the safety 21 precautions, the officers that knew the safety 22 precautions were required to tell that sailor 23 to follow them; correct? 24 MS. ROUSSEL: 25 Object to the form of the Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 41 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 42 1 question and also to what safety 2 orders. This gentleman has already 3 indicated nobody warned him with 4 regard to asbestos. And I am going to 5 object to you asking vague and overly 6 broad questions. You're trying to get 7 answer to something he's already 8 indicated. 9 EXAMINATION BY MR. TAFARO: 10 Q You can answer. 11 A Could you rephrase the question so I 12 know that I'm -- what I am answering? 13 Q Yes. And I am talking in general, but 14 the general safety precautions, if an officer 15 saw a sailor not following them, the officer 16 would then explain to them they have to follow 17 the safety precautions; correct? 18 A Yes. 19 MS. ROUSSEL: 20 Object to the form of the 21 question. 22 EXAMINATION BY MR. TAFARO: 23 Q And you indeed would have made sure 24 sailors underneath you were following the rules 25 and regulations and safety precautions; fair? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 42 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 43 1 MS. ROUSSEL: 2 Object to the form of the 3 question. 4 THE WITNESS: 5 Yes. 6 EXAMINATION BY MR. TAFARO: 7 Q In the Navy you looked to the Navy to 8 protect you; correct? 9 MS. ROUSSEL: 10 Object to the form of the 11 question. Also calls for a legal 12 conclusion. And with regard to what? 13 THE WITNESS: 14 I think -- Protect me from what? 15 I mean, that's -- 16 EXAMINATION BY MR. TAFARO: 17 Q Essentially the Navy -- Let me ask it 18 differently. The Navy governed everything that 19 happened on the ship; correct? 20 MS. ROUSSEL: 21 Objection to the form of the 22 question. 23 THE WITNESS: 24 Yes. Yes. 25 EXAMINATION BY MR. TAFARO: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 43 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 44 1 Q And the Navy took full control over 2 everything that happened on one of its vessels; 3 is that fair? 4 MS. ROUSSEL: 5 Object to the form of the 6 question. 7 THE WITNESS: 8 Well, up to a certain extent. I 9 mean, people are not mechanical 10 automatons. We would have to depend 11 upon our own discretion quite 12 frequently. There would be no officer 13 there to give orders, you know. So 14 the things that you are saying are way 15 too restrictive to real life. 16 EXAMINATION BY MR. TAFARO: 17 Q When you served in the Navy, you 18 didn't look to the manufacturers to give you 19 warnings, did you? 20 A Yeah. Sure. 21 Q You did? 22 A Absolutely. Look, because, we were 23 talking asbestos specifically, but there are a 24 lot of things. There are toxic fluids, there 25 are -- there are burn hazards, there are trip Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 44 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 45 1 hazards and so on and so forth. And the 2 manufacturers' manuals would list these things 3 as warnings in the manuals. The warning, scald 4 danger; warning, electrical danger, or 5 electrical shock danger, so on, so forth. And 6 that's basically where we got our safety 7 precautions, was from the manufacturers' 8 manuals. 9 Q Would you agree with me that naval 10 vessels are built according to Navy 11 specifications? 12 A Yes. 13 Q Would you agree that the manufacturers 14 of equipment that went onto the Navy vessels 15 had to follow the military specs precisely? 16 A Okay. The answer, the simple answer 17 is yes. You would follow mil specs. But the 18 manufacturer did the engineering and told the 19 Navy what the mill spec had to be. 20 Q I'll object to the non-responsive 21 portion. 22 MS. ROMERO: 23 Join. 24 THE WITNESS: 25 You see, the Navy contracts all Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 45 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 46 1 this stuff out to the manufacturers. 2 The Navy engineers don't design the 3 pumps. The Navy engineers don't 4 design the turbines. That's -- That's 5 what the manufacturers do. What the 6 Navy does is say, "Okay, we use your 7 equipment as long as it fits our 8 needs." If it will transport this 9 ship across the Pacific Ocean, that's 10 -- that's what we'd do. 11 EXAMINATION BY MR. TAFARO: 12 Q So it's -- 13 MS. ADAMS: 14 Object to the responsive -- 15 non-responsive portion. 16 MS. ROMERO: 17 I'll join. 18 MR. TAFARO: 19 I'll join also. 20 EXAMINATION BY MR. TAFARO: 21 Q But -- 22 MS. ROUSSEL: 23 Well, let me just -- You asked 24 the question and he answered the 25 question. And what's your problem Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 46 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 47 1 with it? 2 MR. TAFARO: 3 I object to the non-responsive 4 portion. 5 MS. ROUSSEL: 6 You don't like the answer? 7 MS. ADAMS: 8 Object to the colloquy of 9 Plaintiff's Counsel. 10 MS. ROUSSEL: 11 It's very, very responsive. 12 MS. ADAMS: 13 Go ahead. 14 THE WITNESS: 15 I'm sorry, I don't understand the 16 "non-responsive" part. 17 EXAMINATION BY MR. TAFARO: 18 Q Mr. Bell, -- 19 A That probably has some legal meaning 20 which is over my head. 21 Q Let me just tell you, and if your 22 Counsel disagrees she'll say this, but you 23 really don't need to worry about our 24 objections. That's strictly for protecting the 25 record. So no one is suggesting that you were Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 47 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 48 1 doing anything wrong. 2 A Okay. 3 Q Or at least I can assure you that I am 4 not. 5 MS. ADAMS: 6 No. 7 THE WITNESS: 8 Pardon me. 9 EXAMINATION BY MR. TAFARO: 10 Q Was it ever your job to actually come 11 up with the mil specs, the mill specs for 12 vessels and actually draw them up? 13 A Oh, no. No. That was way beyond my 14 expertise. 15 Q In fact, the Navy had some of the best 16 experts for designing their mill specs. Would 17 you agree with that? 18 MS. ROUSSEL: 19 Object to the form of the 20 question. He already indicated that 21 the manufacturers were the ones who 22 put that together. 23 MS. ADAMS: 24 Object to colloquy of Plaintiff's 25 Counsel. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 48 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 49 1 MS. ROUSSEL: 2 I am going to be object to you 3 taking an answer and misconstruing and 4 misstating what his answer was. 5 MS. ADAMS: 6 I object to form of the question, 7 Gerolyn. 8 MS. ROUSSEL: 9 I object to the form of the 10 question as well. That was my 11 objection. 12 MS. ADAMS: 13 Move to strike Plaintiff's 14 comments -- Counsel's comments. 15 THE WITNESS: 16 Basically -- Basically -- 17 EXAMINATION BY MR. TAFARO: 18 Q Let me try to cure it -- was? 19 A Okay. Okay. 20 Q -- because of all of that, Mr. Bell. 21 A Yeah. That's fine. 22 MS. ROUSSEL: 23 Well, let him finish his comment. 24 He's answering your question. 25 MR. TAFARO: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 49 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 50 1 If you're objecting to the 2 question, I think I'm entitled -- 3 MS. ROUSSEL: 4 I objected to the question and 5 he's answering the question. 6 MR. TAFARO: 7 Let me know when it's my turn, 8 Miss Roussel. 9 MS. ROUSSEL: 10 Well, after he answers what your 11 questions was, which he was getting 12 ready to do. 13 MR. TAFARO: 14 If you're going to object to my 15 question, I think that I'm entitled to 16 cure the objection. 17 MS. ROUSSEL: 18 So you are withdrawing that 19 objection -- that question? 20 MR. TAFARO: 21 I will withdraw it. 22 MS. ROUSSEL: 23 Okay. Then what's your question? 24 MR. TAFARO: 25 And then we'll wait for your next Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 50 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 51 1 objection. 2 EXAMINATION BY MR. TAFARO: 3 Q All right. So here's my question, 4 because evidently Miss Roussel didn't 5 understand it. Maybe it was -- 6 MS. ROUSSEL: 7 I understand it perfectly. It 8 was misstating his prior answer. And 9 that was what my objection was. So I 10 definitely understood what you were 11 trying to do, so don't tell this 12 witness that I misunderstood what your 13 question was, because I perfectly 14 understood what your question was. 15 But what is your next question? 16 EXAMINATION BY MR. TAFARO: 17 Q All right. Who drew up military 18 specifications? Was it the military? 19 A I believe it was the manufacturer of 20 the equipment, because the manufacturers had 21 the engineers who designed it, who tested it, 22 who proved it worthy, and then the Navy would 23 get its hands on it and do its own tests. But 24 basically the engineering came from the 25 manufacturer. The Navy did not engineer their Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 51 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 52 1 ships. 2 Q And so if I appreciate what you just 3 told me, it's your belief that the various 4 manufacturers were the ones who authored the 5 mil specs; is that correct? 6 A Yes. I believe that the manufacturers 7 were the authors of the mil specs and that the 8 military basically agreed. Now, fundamentally, 9 "mil spec" just means "expensive". Because 10 it's the -- it's the top of the line that you 11 can possibly buy. And so -- so the military 12 would depend upon the manufacturers to say this 13 is what we need. If it needs to be made out of 14 titanium instead of steel, the manufacturers 15 decided that. 16 Q Object to the non-responsive portion. 17 MR. STOUT: 18 Join in the objection. 19 MS. ADAMS: 20 Join. 21 MS. ROMERO: 22 Join in the objection. 23 EXAMINATION BY MR. TAFARO: 24 Q Mr. Bell, you seem to be being very 25 precise with your answers, and I do appreciate Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 52 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 53 1 that. And one of the things that I noted both 2 times when I asked you about who drew up the 3 mil spec, you said the words "I believe". Do 4 you know that for a fact from something, or is 5 that simple a belief that you have come up 6 with? 7 MS. ROUSSEL: 8 Object to the form of the 9 question. You asked him what he knew. 10 He's giving you his answer. 11 THE WITNESS: 12 Okay. It is my belief. 13 EXAMINATION BY MR. TAFARO: 14 Q Fair enough. Would you agree with me 15 -- well, strike that. 16 When it came to safety precautions 17 regarding the various equipment on the vessels, 18 is it your belief that the Navy drew up those 19 safety precautions? 20 MS. ROUSSEL: 21 Object -- 22 THE WITNESS: 23 No. 24 MS. ROUSSEL: 25 -- to the form of the question. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 53 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 54 1 THE WITNESS: 2 No, those came straight out of 3 the manufacturer's handbook. 4 EXAMINATION BY MR. TAFARO: 5 Q Do you have specific recollections of 6 anything in the manual -- I am going to do this 7 broadly. If we need to, I'll narrow it down. 8 Okay? Do you have specific recollections of 9 what the various manuals said? You told us 10 there was a library of manuals of all the 11 equipment. Do you have specific recollections 12 of what was in the various manuals? 13 MS. ROUSSEL: 14 Object to the form of the 15 question and overly broad. 16 THE WITNESS: 17 Okay. I cannot sit here and say 18 I know what was on page 13 of the 19 manual for that light bulb. Okay? So 20 I cannot answer that with the 21 specificity with which you seem to 22 expect or desire. 23 EXAMINATION BY MR. TAFARO: 24 Q In general, when ships were being 25 worked on, there were Navy inspectors that Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 54 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 55 1 would go around and watch the work; correct? 2 MS. ROUSSEL: 3 I object to the form of the 4 question. 5 THE WITNESS: 6 Yes. 7 EXAMINATION BY MR. TAFARO: 8 Q Go ahead and answer it. 9 A Yes. 10 Q And you would agree that the Navy had 11 inspectors at the various shipyards to make 12 sure that military specs were followed; right? 13 MS. ROUSSEL: 14 Object to the form of the 15 question. 16 THE WITNESS: 17 Yes. 18 EXAMINATION BY MR. TAFARO: 19 Q Just so the record is clear, go ahead 20 and answer again. 21 A Yes. 22 Q If the mil specs were not being 23 followed and the Navy inspector saw that the 24 mil specs were not being followed, you would 25 agree that that work, whatever it was, was Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 55 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 56 1 going to be to be redone to follow the mil 2 specs; is that correct? 3 MS. ROUSSEL: 4 Object to the form of the 5 question. 6 THE WITNESS: 7 Yes. 8 EXAMINATION BY MR. TAFARO: 9 Q This question is geared toward any 10 class of vessels. Do you understand what I 11 mean by "class of vessels"? 12 A Well, yeah. If you're talking about 13 the difference between an aircraft carrier and 14 a destroyer, yes. 15 Q Okay. That is what I am talking 16 about. First, why -- in the event we have 17 someone on the jury that does not understand 18 that there were classes of let's say the 19 destroyers, explain in your words what a class 20 of destroyers is. 21 MS. ROUSSEL: 22 And let me object on the basis of 23 relevance. Mr. Bell has described 24 specifically those vessels on which he 25 worked, and so I am going to object to Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 56 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 57 1 the over-broadness and relevance with 2 regard to class of vessels and make it 3 continuing. 4 Does everybody agree I can make 5 it continuing throughout this line of 6 questioning? 7 MS. ADAMS: 8 Sure. 9 MR. TAFARO: 10 That's fine. 11 MS. ROUSSEL: 12 Okay. 13 THE WITNESS: 14 Okay. Just so I don't 15 misunderstand your question, would you 16 restate it, please? 17 EXAMINATION BY MR. TAFARO: 18 Q Yes. I basically want you to explain 19 to me, as if I know nothing about the Navy, why 20 there would be a class of destroyers. What 21 does that mean, a class of destroyers? 22 A Okay. Destroyers were very specific 23 class of ships. During the age of the 24 dreadnoughts in the late 1800s and 1900s, you 25 essentially had battleships. And then they Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 57 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 58 1 invented the torpedo boat. And this little old 2 cheap torpedo boat could torpedo this 3 multi-million dollar battleship and sink it. 4 So they had to build a ship between the 5 battleship and the torpedo boat, and they were 6 called torpedo boat destroyers. And their job 7 was to protect the battleships from the torpedo 8 boats. And that's why they're called 9 destroyers, because the full name is torpedo 10 boat destroyer. That's what that class of ship 11 does. And basically destroyers escort the 12 capital ships: The aircraft carriers, the 13 battleships, the cruisers, and they are the 14 antisubmarine, antiaircraft protection for the 15 ships that are doing other work. 16 Q And within a class there would be 17 multiple vessels; correct? 18 A Oh, yeah. 19 Q Would you agree with me that the Navy 20 had to ensure that there was uniformity between 21 the various vessels within its given class? 22 MS. ROUSSEL: 23 Object to the form of the 24 question. Also outside of this 25 gentleman's knowledge. And also I am Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 58 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 59 1 going to state for the record, as you 2 know we're in Federal court; you're 3 limited to seven hours. A lot of 4 questions are being asked about things 5 that are totally irrelevant to this 6 case, and this deposition will be 7 stopped at seven hours. So I just 8 want to put everybody on notice of 9 that. 10 MR. MELANCON: 11 Has someone kept the on-air time 12 so we know it's seven hours versus, 13 you know, bracket to bracket -- 14 MS. ROUSSEL: 15 Yes. This deposition started at 16 9:30 and we will go for seven hours 17 and then it's going to be stopped. 18 MS. ROMERO: 19 No, we did not start at 9:30. 20 MS. ROUSSEL: 21 Okay. Well, we'll check the 22 record when we take a break so we can 23 see by -- Let me just note that a lot 24 of questions are being asked that have 25 absolutely nothing to do with this Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 59 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 60 1 case and I am just putting all parties 2 on notice that this deposition will 3 stop at seven hours. So maybe you 4 want to go back to these irrelevant 5 questions after the relevant questions 6 are asked, and I am just putting you 7 on notice of that. 8 MR. TAFARO: 9 All right. Counsel, one, there's 10 a question on the table. I appreciate 11 what you have to say. We can't keep 12 having these long back and forths 13 between you and defense lawyers -- 14 MS. ROUSSEL: 15 Do you have a question? 16 MR. TAFARO: 17 Yes, I do. I have one. 18 MS. ROUSSEL: 19 Okay. Then what is it? 20 MR. TAFARO: 21 You go on and talk for three 22 minutes, knocking some of our time off 23 our seven hours. So -- 24 MS. ROUSSEL: 25 Well, you just talked for two Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 60 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 61 1 minutes knocking additional time off 2 of it. 3 MR. TAFARO: 4 That's fine. We'll take a break 5 after this to discuss the time issue. 6 EXAMINATION BY MR. TAFARO: 7 Q But sir -- 8 MR. TAFARO: 9 Roger, can you read back the 10 question? 11 Actually, I know it. Just don't 12 worry about it, Roger. 13 EXAMINATION BY MR. TAFARO: 14 Q Subject to Miss Roussel's objections, 15 if she does object to it, would you agree that 16 there was -- that the Navy had to ensure there 17 was uniformity among a class of vessels? 18 A A reasonable level of uniformity. No 19 two ships, even of the same class, were 20 identical. 21 Q Would you agree they were fairly 22 close, though? 23 MS. ROUSSEL: 24 Objection. 25 THE WITNESS: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 61 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 62 1 Fairly close. Fairly. 2 EXAMINATION BY MR. TAFARO: 3 Q And, in fact, if for some problem 4 there was a problem with one ship, they may 5 transfer men from that ship to another ship in 6 the same class; correct? 7 MS. ROUSSEL: 8 Objection. 9 THE WITNESS: 10 Possibly, yes. 11 EXAMINATION BY MR. TAFARO: 12 Q And they're not going to go and 13 retrain those men on how to do their job on 14 that next ship that's within the same class; is 15 that true? 16 MS. ROUSSEL: 17 Objection. 18 THE WITNESS: 19 That's true. 20 MR. TAFARO: 21 It's 2:02. I would like to take 22 a break right now so I can discuss -- 23 MS. ROMERO: 24 Wait. It's 12:02. 25 MR. TAFARO: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 62 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 63 1 I'm sorry, 12:02. It's 12:02. I 2 would like to take a break to discuss 3 the time issues with the defense 4 lawyers. 5 MS. ROUSSEL: 6 Let's take a one minute break. 7 VIDEO OPERATOR: 8 Off the record. 9 (Whereupon a discussion was held off 10 the record.) 11 MR. TAFARO: 12 This is Peter Tafaro. Because 13 Miss Roussel has brought up the issue 14 of timing in the case, the defense has 15 met and we have discussed how we 16 intend to proceed. I spoke to 17 Miss Roussel on the break, and at this 18 point I am not finishing my -- I have 19 not finished my questions, but we have 20 agreed that we are going to let Miss 21 Romero do her questions because she 22 had something that she needs to deal 23 with and then I will come back and 24 actual do the cross, finish what I was 25 doing and do the cross specific to my Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 63 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 64 1 clients at some point later on in this 2 deposition today. 3 VIDEO OPERATOR: 4 We're now back on the record. 5 EXAMINATION BY MS. ROMERO: 6 Q Hello, Mr. Bell. My name is Jackie 7 Romero. It's nice to meet you. 8 Okay. You referred to yourself 9 earlier today as Bill? Is that the name that 10 you go by? 11 A Generally I go by William. 12 Q Okay. Do you have any nicknames? 13 A Well, Bill is one of them. 14 Q Okay. Other than Bill? 15 A My family uses my middle name, 16 Charlie. 17 Q Okay. So with friends and co-workers 18 are you known by William or Charlie? 19 A Yeah. 20 Q William; correct? 21 A William. 22 Q Okay. What's your Social Security 23 number, sir? 24 A 438-60-8479. 25 Q And birth date? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 64 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 65 1 A January 31st, 1943. 2 Q Okay. And I was looking at your 3 Social Security record and I noticed that from 4 1979 to '86 there wasn't any employment listed. 5 Were you working during that time? 6 A No, no. At -- The State of Louisiana 7 withdrew from Social Security and I worked for 8 the State of Louisiana. 9 Q Okay. So you were still doing the 10 same employment you were doing with computers; 11 correct? 12 A Yeah. Everything was identical. It's 13 just that Louisiana withdrew from Social 14 Security. 15 Q Okay. Earlier today you testified you 16 mentioned knowing the names of six pump 17 manufacturers. 18 A Yes. 19 Q You only identified five. 20 A Oh. Well, okay. 21 MS. ROUSSEL: 22 Objection. He said 23 approximately. 24 EXAMINATION BY MS. ROMERO: 25 Q Okay. Correct. Approximately? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 65 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 66 1 A Yes. 2 Q And you mentioned DeLaval, Goulds, 3 Buffalo, Aurora, and Warren. 4 A Yes. 5 Q Do you recall the sixth? 6 A Okay. I remember DeLaval pumps, I 7 remember Warren pumps, I remember Buffalo 8 pumps, I remember Aurora pumps, and I remember 9 Goulds pumps for sure. If there was a sixth, 10 it eludes me at the moment. 11 Q Okay. Let me provide you with some 12 names of pump manufacturers and let me know if 13 any of these ring a Bell. 14 A Okay. 15 Q Ingersoll-Rand? 16 A I mean, I've heard name, but I -- 17 Q Okay. Nash? 18 A Never heard of them. 19 Q Vickers? 20 A No. I think that's an aircraft 21 company, isn't it? 22 Q Morris? 23 A No, not familiar. 24 Q Allis-Chalmers? 25 A Yeah, I've heard the name. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 66 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 67 1 Q Durion? 2 A What was that? 3 Q D-U -- 4 MS. ADAMS: 5 Durion. Durion. 6 MS. ROMERO: 7 What is it? 8 MS. ADAMS: 9 Durion. 10 MR. CAMPBELL: 11 Durion. 12 EXAMINATION BY MS. ROMERO: 13 Q Durion, yes. D-U-R-I-O-N. 14 A No. Those are -- 15 Q Chicago? 16 A Not -- Not specific to pumps, no. 17 Q Peerless? 18 A No. 19 Q Worthington? 20 A Worthington, yes. 21 Q Were they on the Navy vessels? 22 A I think Worthington made air 23 compressors. But I don't know what else they 24 did. 25 Q Okay. And these were air compressors Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 67 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 68 1 that were on the Navy vessels that you were on? 2 MS. ROUSSEL: 3 Object to the -- Object to the 4 form of the question. 5 EXAMINATION BY MS. ROMERO: 6 Q And did you do any repair work on 7 these air compressors? 8 A I worked on air compressors from time 9 to time, but I can't say which specific brand I 10 worked on at any one time. 11 Q All right. Let's go back to the names 12 of pumps. Ulrich? 13 A (Witness shakes head negatively.) 14 Q Is that a "no"? 15 A No. I'm sorry. No. 16 Q Viking? 17 A No. 18 Q Gorman -- 19 MS. ADAMS: 20 Rupp. 21 EXAMINATION BY MS. ROMERO: 22 Q Gorman Rupp? 23 A No. 24 Q Northern? 25 A No. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 68 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 69 1 Q Armstrong? 2 A No. 3 Q Dresser? 4 A No. 5 Q Nagle? 6 A No. 7 Q Blackmer? 8 A No. 9 Q Durco? 10 A Don't ring any bells. 11 Q Dean? 12 A No. 13 Q Milton Roy? 14 A No. 15 Q Byron Jackson? 16 A No. 17 Q And the last one is Marlow. 18 A No. 19 Q Oh, one more. Sorry about that. 20 Warren Rupp. 21 A No. 22 Q Okay. Thank you. 23 Okay. Now I want to ask some 24 questions specifically about Goulds pumps. You 25 identified Goulds pumps as a brand of pump on Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 69 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 70 1 the Navy vessels that you were stationed on. 2 A Yes. 3 Q Okay. Can you tell me what percentage 4 of pumps that you worked on were Goulds pumps? 5 A Oh, no. 6 Q Okay. 7 A No. If you saying how many Gould 8 versus how many DeLaval -- 9 Q Correct. 10 A No, I couldn't give you any 11 percentages. 12 Q Okay. And you said that the names of 13 the pumps were encased on the pump. Is that 14 correct? 15 A Well, in -- in most cases it was 16 actually cast into the casing of the pump, but 17 in a lot of cases it was the manufacturer's -- 18 the little detail label that was -- you know, 19 that you use the little brass label and it's 20 either welded on or it's, what do you call that 21 stuff, not bolted, -- 22 MR. STOUT: 23 Riveted. 24 THE WITNESS: 25 Riveted. Riveted on. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 70 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 71 1 EXAMINATION BY MS. ROMERO: 2 Q And is there anything in particular 3 you can recall about a Goulds pump? 4 MS. ROUSSEL: 5 Object to the broadness of the 6 question. 7 THE WITNESS: 8 I -- I -- 9 EXAMINATION BY MS. ROMERO: 10 Q In regards to how you just described 11 the name being encased, do you have a specific 12 recollection of seeing the name "Goulds" 13 specifically? 14 A Goulds? Yes. It's one of the names 15 that sticks in my mind. 16 Q Okay. And can you describe for me 17 what color the Goulds pumps were? 18 A Most of the pumps we worked on were 19 either brass or steel, -- 20 Q Okay. 21 A -- you know. And I don't know if 22 that's what you call colors. 23 Q Do you recall a model number for any 24 of the pumps? 25 A Oh, no. No. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 71 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 72 1 Q And a much harder question. Serial 2 number for any of the pumps? 3 A No. Absolutely no. 4 Q Okay. Do you know how many Goulds 5 pumps would have been on any vessel, any one 6 vessel? 7 A No. 8 Q Do you know how many -- 9 A Ships -- Ships have hundreds, and in 10 some cases thousands, of pumps. And, you know, 11 of everything, saltwater, freshwater, oil, fuel 12 pumps. Just -- Just pumps out of the wazoo on 13 these ships. 14 Q Okay. And can you tell me over the 15 years how many Goulds pumps you would have 16 worked on? 17 A A bunch. That's about it. 18 Q When you say "a bunch", do you mean 19 anywhere -- 10, 50, 100? 20 A I can't be specific, no, ma'am. 21 Q And did you work on Goulds pumps on 22 each four of the vessels that you have 23 identified? 24 A I would not know that off the top of 25 my head. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 72 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 73 1 Q Okay. 2 A I -- I wouldn't remember a specific 3 pump on a specific vessel without there being 4 some extenuating reasons. 5 Q Okay. So you wouldn't be able to tell 6 me the first time you worked on a Goulds pump, 7 would you? 8 A No. 9 Q And you wouldn't be able to tell me 10 the last time you worked on a Goulds pump? 11 A No. 12 Q Okay. Would you be able to tell me 13 what process was going through any of the 14 Goulds pumps you worked on? 15 A Are you asking me were they sea water 16 pumps or fresh water pumps or -- Okay. I don't 17 know. 18 Q Okay. Would you be able to tell me if 19 it was a cold process or a hot process in a 20 Goulds pump? 21 A No. 22 Q Okay. And earlier you testified that 23 you removed wearing rings from pumps. Is that 24 correct, sir? 25 A Yes. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 73 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 74 1 Q Okay. And is that the type of work 2 that you would have done on a Goulds pump? 3 MS. ROUSSEL: 4 Object to the form of the 5 question. One of the types of work? 6 Because he described earlier various 7 things that he did on all of the pumps 8 including Gould pumps. 9 MS. ADAMS: 10 Move to strike. 11 MS. ROMERO: 12 Move to strike, and my question 13 stands. 14 THE WITNESS: 15 Would you -- 16 EXAMINATION BY MS. ROMERO: 17 Q Please answer. 18 A -- rephrase -- repeat the question so 19 I -- I don't think -- get it wrong. 20 Q Earlier today you testified regarding 21 your work on pumps and you said that you 22 removed wearing rings -- 23 A Yes. 24 Q -- on pumps. 25 A Yes. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 74 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 75 1 Q Is that correct? 2 A Yes. 3 Q Okay. And you would have removed 4 wearing rings on Goulds pumps; is that correct 5 as well? 6 A Yes. 7 Q And is that the type of work that you 8 would have done on Goulds pumps? 9 MS. ROUSSEL: 10 Object to the form of the 11 question. 12 THE WITNESS: 13 Well, I would have done what -- 14 what -- If the pump was broken, I 15 would have replaced whatever needed to 16 be replaced. Now, wearing rings was 17 just the most common problem with 18 centrifugal pumps, but we also had 19 gear type pumps, we had -- 20 EXAMINATION BY MS. ROMERO: 21 Q I am just talking about Goulds pumps. 22 MS. ROUSSEL: 23 Let him finish his answer, 24 please. 25 MS. ROMERO: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 75 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 76 1 That's fine. 2 EXAMINATION BY MS. ROMERO: 3 Q I just want to clarify and make sure 4 you understand I am just asking you about 5 Goulds pumps and only Goulds pumps. 6 A Yeah. 7 Q Our time is limited. 8 A Yes. Yes. 9 Q And I want to make sure that you know 10 what my question is. 11 A Yes. Okay. And so the point is, I 12 was working on these brands, various brands of 13 pumps over a period of eight years and I don't 14 remember like a specific pump on a specific 15 ship at a specific time. I do remember the 16 brand names because I read them on the labels, 17 but I don't know if this Goulds pump was an oil 18 pump or that Goulds pump was a sea water pump. 19 That -- That level of specificity, I cannot 20 provide. 21 Q Okay. Well, I just want to make sure 22 I understand what kind of work you would have 23 done on a Goulds pump. 24 A Yeah. 25 Q So let me just -- let me ask you this Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 76 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 77 1 question. The work that you're describing, 2 that's solely repair work; correct? 3 A Yes. 4 Q Okay. 5 A Repair work. 6 Q So it wasn't your job to do anything 7 but repair Goulds pumps? 8 A Well, it would be our -- my job to 9 install them if they got a new one. 10 Q Okay. Do you recall specifically 11 installing a Goulds pump? 12 A No. 13 Q Okay. So you can't tell me you ever 14 installed a Goulds pump; correct? 15 A No. 16 Q Okay. And so when we were talking 17 about the repair, we're talking about the 18 removal, the replacement of wearing rings; 19 correct? 20 A Yeah. Well, that's just one of the 21 repairs. 22 Q Okay. 23 A We had to replace packing on -- on 24 pumps from time to time. 25 Q Anything else you replaced besides Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 77 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 78 1 packing? 2 A Nothing I can think of. 3 Q Okay. Do you know the name brand of 4 the packing? 5 A No. 6 Q Okay. So you wouldn't be able to tell 7 me the name brand of the packing that you 8 removed from a pump? 9 A No. 10 Q Would you be able to tell me the name 11 brand of the packing that you installed in a 12 pump? 13 A No. 14 Q Do you know who supplied this packing 15 to the Navy? 16 A Just -- The supply, it was just in a 17 big supply chain. By the time it got to the 18 ship, it had been through ten different 19 handlers, I suppose, I presume, you know, and 20 it go through warehouses and stuff. I wouldn't 21 -- I would have no way of tracking any of that. 22 Q Okay. You testified that you did a 23 lot of different types of repair work on 24 various equipment, and we're talking about 25 pumps. Can you tell me the percentage of your Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 78 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 79 1 work on pumps compared to your work on other 2 equipment? 3 A Pumps and valves are the two most 4 commonly repaired items on ships. Probably I 5 worked on more valves than pumps, but -- but 6 both valves and pumps were the things that 7 needed the repairs most. 8 Q Okay. Would you say that your work on 9 pumps was -- of course, using 100 percent, 10 25 percent of your work time or less or more? 11 A Okay. The percentage of the time of 12 all the repairs that I did working on pumps 13 would easily have been 25 percent. 14 Q Do you know the repair history of any 15 pump that you worked on? 16 A So you are asking me do I know how 17 many times that pump was repaired? No. I -- 18 At the level I was at, the chief would come 19 down and say, "Fix this" and I wouldn't know 20 that pump's history. 21 Q Okay. So you wouldn't be able to tell 22 me whether or not any packing you ever removed 23 from a pump was original to the pump? 24 A I would not know that. 25 Q Okay. Do you know if the pumps were Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 79 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 80 1 installed -- or arrived on the vessels bare 2 metal? 3 MS. ROUSSEL: 4 Object to the form of the 5 question. 6 THE WITNESS: 7 I don't know what you mean, bare 8 metal. 9 EXAMINATION BY MS. ROMERO: 10 Q Well, was there anything on the 11 outside of the pump? Was it just the steel? 12 Did it just come with steel? 13 MS. ROUSSEL: 14 Object to the form of the 15 question. 16 THE WITNESS: 17 Okay. When I would go on the 18 ship, the pumps would basically 19 already be there. They might have 20 already been there 20 years by the 21 time I got on the ship. So I would 22 not know how they were delivered new 23 when the ship was built. 24 EXAMINATION BY MS. ROMERO: 25 Q Okay. Well, you mentioned installing Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 80 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 81 1 new pumps; correct? 2 A We -- If -- If the pump could not be 3 repaired, we would install a new one, yes. 4 Q Okay. And were they -- Who put 5 insulation on the pumps that you said were 6 insulated earlier? 7 A I don't know. I think they came that 8 way. I don't know. 9 Q You're not sure? 10 A I'm not sure. 11 Q I don't want you to guess. 12 A Okay. I do not know. 13 Q You do not know if they arrived with 14 insulation on them? 15 A I do not know. 16 Q Do you know who supplied the 17 insulation that was on a pump? 18 A No. 19 Q Do you know who spec'd -- Was that a 20 "no"? I just want to make sure that we get 21 that. 22 A No. I -- That was a "no". Yes. 23 Q Do you know who specified that 24 insulation be put on any pump? 25 A Oh, the manufacturer. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 81 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 82 1 Q Did you see that in a manual? 2 A It would be in a manual, yes. 3 Q Do you know -- 4 A The manuals had all the specifications 5 from A to Z plus, you know, drawings and, you 6 know, the size of parts and so on and so forth. 7 Q Do you have a specific recollection of 8 seeing that in a manual? 9 A Of seeing what exactly? 10 Q That the pump -- The specification of 11 insulation for a pump. 12 A Yes. 13 Q Okay. 14 A In the manuals, yeah. 15 Q Okay. Can you tell me if you ever 16 worked on a Goulds pump that was insulated? 17 A I cannot categorically swear to that, 18 no. 19 Q Okay. And you definitely wouldn't be 20 able to tell me if there was an insulated 21 Goulds pump, whether or not it arrived with 22 insulation on it; correct? 23 A That is correct. 24 Q And you also wouldn't be able to tell 25 me that Goulds supplied the insulation? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 82 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 83 1 A That is correct. 2 Q And do you know if the insulation on 3 the pumps contained asbestos? 4 A Yes. 5 Q And how do you know that, sir? 6 A I worked with asbestos eight years in 7 the Navy. I'm familiar with asbestos. I know 8 what it looks like. I know what it feels like. 9 And that -- that insulation was asbestos. 10 There was no doubt about it. 11 Q Do you know if the Goulds pumps were 12 centrifugal pumps? 13 A Not off the top of my head. I don't 14 know which ones were centrifugal, which ones 15 were gear pumps, which ones were vane pumps and 16 so on and so forth, no. 17 Q Well, you wouldn't be able to provide 18 me with a size either, would you? 19 A No. If -- If I had like a book full 20 of pump models, I could possibly say we worked 21 on something that looked like that 22 (indicating), but I cannot -- not give a 23 specific answer. 24 Q Okay. So basically you just recall 25 the names of the pumps? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 83 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 84 1 A I recall the names of the pump 2 manufacturers is basically what I am recalling. 3 Q Okay. But you can't provide me -- And 4 let me finish the question, because I want to 5 -- and this is -- if I can. But you can't 6 provide me with the size of a pump, the color 7 of a pump, whether it's centrifugal, any of 8 that kind of information in general, could you? 9 MS. ROUSSEL: 10 Object to the form of the 11 question. 12 THE WITNESS: 13 No. I could not. 14 EXAMINATION BY MS. ROMERO: 15 Q Okay. Could you tell me if any Goulds 16 pumps were horizontal or vertical? 17 A No. 18 Q Okay. 19 A I couldn't. 20 Q Can you tell me where the Goulds pumps 21 were located on the vessels? 22 A Most likely in the engine room. 23 Q Anywhere else? 24 A Could have been anywhere on the ship. 25 Q Okay. And earlier you told us in Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 84 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 85 1 which areas you worked in on vessels. Just one 2 second. 3 A Primarily if it was mechanical and it 4 was on the ship, I would work on it. 5 Q Okay. 6 A Now, primarily I was an engine room -- 7 I worked in the engine room, but if the pump 8 was somewhere else on the ship, I'd have to go 9 find it and fix it wherever it was. 10 Q Okay. So on the first ship you worked 11 on the landing craft and you stood watch in the 12 engine room. Would you have worked on pumps on 13 the first shift? 14 A Yes. 15 Q Okay. And then on the second ship, 16 you worked in the machine shop. Would you have 17 worked on pumps in the machine shop? 18 A Yes. Yes. 19 Q What kind of work would you have been 20 doing on pumps in the machine shop? 21 A When I worked in the machine shop I 22 would make the wearing rings that we would 23 replace. Primarily just from brass stock, and 24 you just machine them to the right size and 25 install them. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 85 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 86 1 Q Do you believe those wearing rings 2 contained any asbestos? 3 A The wearing rings, no. They were 4 brass. 5 Q Okay. 6 A The asbestos was insulating the total 7 pump and we would have to take that off, the 8 insulation off, to get -- open the casing on 9 the pumps. 10 Q So you would to remove the insulation 11 every time you replaced the wearing rings? 12 A Not every time. It depends on -- 13 Q How often? 14 A Some pumps, the little bitty pumps and 15 they're only that big around (indicating) and 16 they weren't insulated. So -- 17 Q Okay. And when you worked on the 18 third and fourth vessels, you were working in 19 the engine room. Would you have worked on 20 pumps during that time? 21 A Yes. 22 Q I don't recall if I asked you if you 23 knew who supplied the insulation. 24 A I said no. 25 Q Okay. One second, please. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 86 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 87 1 A Sure. 2 MS. ROMERO: 3 I think for right now that's all 4 I have, but I am going to look at my 5 notes and see if I have any further 6 questions. Thank you so much. 7 THE WITNESS: 8 Okay. 9 VIDEO OPERATOR: 10 Off the record. 11 MS. ROUSSEL: 12 Okay. Now, I don't want to go 13 off the record between questioners. 14 So you have to change the tape? 15 VIDEO OPERATOR: 16 The DVD. 17 MS. ROUSSEL: 18 Oh, okay. 19 (Whereupon a discussion was held 20 off the record.) 21 VIDEO OPERATOR: 22 This is the beginning of disk 3. 23 We're back on the record. 24 EXAMINATION BY MR. TAFARO: 25 Q Mr. Bell, Peter Tafaro again. I am Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 87 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 88 1 going to go into some more specific type 2 questions similar to what Miss Romero was doing 3 and I am going to fill in some holes in my 4 notes. 5 You told us today, when you were 6 talking to Miss Roussel, about gaskets that you 7 used in flanges. Do you know who made the 8 gaskets? 9 A Okay. We -- We made the gaskets from 10 gasket material. In other words, we'd buy the 11 gasket material in sheets and then we would 12 make the gaskets by pounding them out with ball 13 peen hammers. 14 Q And who manufactured that sheet 15 material; do you know? 16 A I do not know the manufacturer of the 17 sheet material. That was just called 18 compressed asbestos. It looked like linoleum. 19 Q Do you know where the Navy would 20 acquire that material? 21 A No. 22 Q Specific to Foster-Wheeler, you talked 23 about working, some work related to a 24 condenser. Do you remember that testimony? 25 A The auxiliary condenser on the USS Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 88 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 89 1 SAMUEL N. MOORE, yes, sir. 2 Q And I would like for you to explain to 3 me exactly what your job duties were related to 4 that Foster-Wheeler condenser. 5 A Okay. I did not work on that 6 condenser. The shipyard workers worked on that 7 condenser. I was there working on a condensate 8 pump while they were working on the condenser. 9 Q Who manufactured the condensate pump? 10 A I don't know. 11 Q The work that we're -- I want to make 12 sure we're on the same page. The work that 13 we're talking about on the condensate -- on the 14 condensater -- 15 A Condenser. 16 Q Condenser. I'm sorry. I'm getting my 17 worked -- The work done on the condenser was 18 done by the shipyard employees; correct? 19 A Yes. 20 Q Were they sailors? 21 A No. It was shipyard employees, 22 civilian shipyard employees. 23 Q Approximately what year was this work 24 being done? 25 A 1967. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 89 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 90 1 Q And I'm sorry, I know that you told me 2 this, but what shipyard were you at? 3 A For that work, we were probably at 4 Long Beach Naval Shipyard. 5 Q And this is the work where the 6 insulation was taken off the outside and they 7 actually had to do work on the inside of the 8 equipment itself; correct? 9 A Yeah. That was one of the -- It was 10 extreme corrosion problem where they had to cut 11 it out with acetylene torches and weld it back 12 in with new steel. 13 Q What were you doing on the pump when 14 you were doing your work? 15 A When I was doing my work, I was doing 16 things like changing the carbon packing on the 17 shaft and things like that. 18 Q How close were you to this piece of 19 Foster-Wheeler equipment when you were doing 20 the packing work? 21 A As close as that wall (indicating). 22 Q Would you say that's approximately 23 seven feet? 24 MS. ROUSSEL: 25 I object to the form of the Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 90 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 91 1 question. 2 THE WITNESS: 3 Seven feet is reasonable. 4 EXAMINATION BY MR. TAFARO: 5 Q How long did it take you to do the 6 work that you were doing on the condensate pump 7 while that other work was being performed? 8 A The entire day. 9 Q And when you say an entire day, what 10 number of hours would that have been while you 11 were doing that work on the pump? 12 A Basically eight hours. 13 Q And during the course of that eight 14 hours while you were doing your work on the 15 pump, they were doing the work on the piece of 16 Foster-Wheeler equipment; correct? 17 A Yes. 18 Q And that is the work that you already 19 described to us; correct? 20 A Yes. 21 Q Do you know any more specifics about 22 the work being done on the piece of 23 Foster-Wheeler equipment other than what you 24 have already told us today? 25 A No. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 91 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 92 1 Q Was it ever your job to work on a 2 piece of Foster-Wheeler equipment hands-on 3 yourself? 4 A Yes. On the main condensers, I had to 5 change out the safety valves, or at least one 6 safety valve. 7 Q Who manufactured that safety valve? 8 A I don't know. It came with the 9 condenser. 10 Q So you -- 11 A I presume. The ship was already 20 12 years old by then. 13 Q Yes, sir. And so when the condenser 14 was shipped to the vessel, you were not there 15 for that; correct? 16 A No, I was not there. 17 Q And is it fair for me to say you do 18 not know if that was the original safety valve 19 or if it had been changed out? Is that true? 20 A I would not know. 21 Q How long did it take you to change out 22 that valve? 23 A 15 minutes, 20 minutes. 24 Q I know that you said you have one 25 specific recollection of doing that. Other Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 92 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 93 1 than that one time, do you believe that you did 2 that any other times during your career on that 3 condenser? 4 A Not on that condenser, no. 5 Q Do you believe that you ever did that 6 specific work on another condenser manufactured 7 by Foster-Wheeler? 8 A No. 9 Q Was it simply a matter of unbolting 10 the flanges, removing the safety valve, and 11 then putting another one in? 12 A Yes. 13 Q And that entire process of the 14 replacement you said took about 15 minutes? 15 A 15, 20 minutes, yeah. 16 Q Did you do any work on the condenser 17 itself during that time? 18 A No. 19 Q Do you believe that 15 minute process 20 of changing out that safety valve caused you to 21 be exposed to asbestos? 22 A Yes. 23 Q Was the -- 24 A Because -- Because the asbestos was 25 surrounding the condenser and this valve was Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 93 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 94 1 like kind of down in it. You had to take it 2 out. 3 Q So you believe you disturbed the 4 insulation on the condenser when you were 5 removing the safety valve? 6 A Yes. 7 Q And that was only during that 15 8 minute period while you were doing the work; is 9 that fair? 10 A Yes. 11 Q The other work that you told us when 12 you were at Long Beach when the civilian 13 workers were working on the condenser and you 14 were working on the pump, during that eight 15 hour period, was there any other times other 16 than that day when you were around when work 17 was specifically being done on that condenser 18 that required them to remove insulation? 19 A Yes. It took them about three days to 20 rebuild that condenser. And they did it in 21 sections. And so for at least three days that 22 was going on. 23 Q Okay. Maybe I misunderstood you. And 24 I am certainly not trying to put words in your 25 mouth. One day you were working on the pump Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 94 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 95 1 while they were doing that work. 2 A Yes. 3 Q What were you doing the other two 4 days? 5 A I was working in the engine room, but 6 not specifically in that -- that part of the 7 engine room. 8 Q Okay. So you may have been in a 9 different section of the engine room, but they 10 were doing work on the condenser? 11 A Yes. 12 Q That's fair? 13 A Yes. 14 Q Other than that three day period, was 15 there any other time when you were around when 16 they were doing any work on that Foster-Wheeler 17 condenser? 18 A No. 19 Q You have now told me about two 20 different types of work where you were either 21 working on or immediately around work being 22 done on Foster-Wheeler equipment. Is there any 23 other time when you specifically recall some 24 work that you were doing either on or around a 25 piece of Foster-Wheeler equipment when they Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 95 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 96 1 were manipulating any of the insulation 2 associated with it? 3 A No. 4 Q Is it fair to say that we have talked 5 about all of the time that you believe you were 6 exposed to asbestos that you in any way 7 associate with a piece of equipment 8 manufactured by Foster-Wheeler? 9 A That's the entire sum total of my 10 exposure to asbestos with Foster-Wheeler 11 equipment. 12 Q Okay. And I want to be fair to you. 13 I am talking about any type of equipment 14 manufactured by Foster-Wheeler. Are we on the 15 same page? 16 A Yes. 17 Q Okay. Do you know -- Sorry. Let me 18 clarify something. The valve was associated 19 with the same condenser that the shipyard 20 workers were working on, or they were 21 different? 22 A No, no. The valve was on the main 23 condenser. The shipyard workers were working 24 on the auxiliary condenser. 25 Q Okay. Fair enough. For both of those Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 96 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 97 1 pieces of equipment, were you present when they 2 were originally shipped to the vessel? 3 A No. 4 Q Do you know if they were shipped to 5 the vessel in a bare metal form? 6 A I have -- I would not -- I would not 7 know that. 8 Q Did you ever see any specifications 9 specific to either of those condensers that 10 said asbestos insulation must be used on these 11 condensers? 12 A No. 13 Q Do you know that the insulation on the 14 condensers was asbestos-containing? 15 A Yes. 16 Q And how do you know that, sir? 17 A Because I spent eight years in the 18 Navy working on asbestos-insulated equipment 19 and so I'm familiar with asbestos when I see 20 it. 21 Q Do you have a specific recollection of 22 a Foster-Wheeler employee being present when 23 you did the work on the safety valve? 24 A No. 25 Q Was there any Foster-Wheeler employees Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 97 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 98 1 present when the work was being done on the 2 condenser? 3 A Almost certainly. When I say "almost 4 certainly", the sup- -- there were supervisors 5 there. I wasn't reading their badges. But 6 whenever there's a major repair like that, the 7 manufacturer wants a representative on-site 8 because they want to make sure it's done right 9 so the Navy has no complaint against them in 10 the future. 11 Q Did you speak to any of the 12 Foster-Wheeler employees? 13 A No. 14 Q Do you know the names of any 15 Foster-Wheeler employees? 16 A No. 17 Q Did you ask them any questions related 18 to the equipment? 19 A No. 20 Q Did you ask them any questions related 21 to the insulation? 22 A No. 23 Q During any time in your -- Is there 24 any other time in your lifetime that you worked 25 on or around a piece of Foster-Wheeler Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 98 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 99 1 equipment other than what we have already 2 discussed? 3 A Well, Foster-Wheeler did have 4 auxiliary boilers on some of the ships that I 5 was on, but I never worked on them, I never 6 worked around them. I would not have any 7 asbestos exposure from that. 8 Q Thank you for summing that up. We'll 9 move on. 10 I think I asked you, but if I didn't, 11 you do not know for certain who manufactured 12 that valve that you pulled out or replaced; 13 correct? 14 MS. ROUSSEL: 15 Object to the form of the 16 question. 17 THE WITNESS: 18 I do not know. 19 EXAMINATION BY MR. TAFARO: 20 Q Going back to the employees question, 21 there was also references made to General 22 Electric and Westinghouse employees -- 23 A (Witness nods head affirmatively.) 24 Q -- in your testimony. Okay? 25 A Yes. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 99 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 100 1 Q I am going to lump it together to try 2 to save us time. Did you ever speak to a 3 Westinghouse or General Electric employee? 4 A Yes. 5 Q Okay. Which one? 6 A The employees who were doing the 7 insulation in the generator room at the 8 prototype in National Reactor Testing Center in 9 Idaho. 10 Q And if I remember your testimony 11 correctly, that would have been Westinghouse; 12 correct? 13 A Yes, Westinghouse. 14 Q We're going to come back to that. 15 Have you ever spoken with a General 16 Electric rep? 17 A Not that I remember. 18 Q Have you ever asked a General Electric 19 representative or employee about their 20 equipment specifically? 21 A I -- I do not remember. 22 Q And to sum it up and to be fair, you 23 don't have any recollection of ever talking to 24 someone that worked for GE; is that fair? 25 MS. ROUSSEL: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 100 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 101 1 Object to the form of the 2 question. 3 THE WITNESS: 4 That's correct. 5 EXAMINATION BY MR. TAFARO: 6 Q Okay. Moving on to Westinghouse 7 employees, you specifically recall speaking to 8 them when you were at the Idaho facility? 9 A Yes. 10 Q What did you speak to the Westinghouse 11 employees about? 12 A Okay. When they were doing the 13 insulation, they were walking on top of the 14 generators and they were -- they were messing 15 with the governor which controls the speed by 16 standing on the governor arm. And so I said, 17 "Hey, you don't have to stand on the governor 18 arm. You can take one step back and stand on 19 the casing and that will not -- that will not 20 impinge upon the operation of this generator." 21 Q Other than that conversation where you 22 instructed them to move so that it did not 23 affect the operation of the generator, have you 24 ever had any other conversations specifically 25 with a Westinghouse representative or employee? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 101 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 102 1 A No. 2 Q Have you ever asked them about their 3 parts or the component parts of any of their 4 equipment? 5 A No. 6 Q Do you know the names of any of the 7 Westinghouse employees? 8 A No. 9 Q Moving on to turbines, as I appreciate 10 it, your testimony, you recall General Electric 11 and Westinghouse turbines; correct? 12 A Yes. 13 Q I am going to start off with 14 Westinghouse. Which vessels do you recall 15 Westinghouse turbines being on? 16 A Specifically I can't say on any vessel 17 whether it was Westinghouse or General 18 Electric, but basically the generator turbines 19 were one or the other manufacturer. 20 Q When you say the word "turbine," this 21 is the -- this is the piece of equipment that's 22 attached to the generator that essentially 23 produces electricity for the ship? 24 A The steam turbine, yes. Well, there 25 were two types. The one that produced the Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 102 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 103 1 generation for the electricity and the one that 2 drove the ship's propellers. 3 Q And that's what I am kind of 4 differentiating between. As I appreciate when 5 you were talking to Miss Roussel, you believe 6 that you may have been exposed to asbestos when 7 you would work on the throttle valves 8 associated with the turbines? 9 A With the turbo generators, yes. 10 Q Explain to me in detail what work you 11 did on throttle valves. 12 A Essentially I would disinstall them 13 from the generator, send them to the machine 14 shop to be rebuilt, and then I would reinstall 15 them on the generator. 16 Q So is this also a process where you 17 essentially would unbolt them from the flanges 18 and then ship them out for whatever work to be 19 done, either get a new one or get it back, and 20 then bolt it back in place? 21 A Yeah. 22 Q Was there -- 23 A And possibly also have to make the 24 gasket, a new gasket. 25 Q So there were two gaskets associated Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 103 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 104 1 with each flange; is that fair? Meaning there 2 was a gasket in one flange at the top and 3 probably one on the bottom? 4 A No, no. The -- Well, yeah, there 5 would have been an inlet steam gasket and an 6 outlet steam gasket, yes. 7 Q You put it more artfully than I did. 8 Again, you do not know who 9 manufactured those gaskets; correct? 10 A No. In other words, those gaskets I 11 would have made from sheet asbestos. 12 Q How frequently did you have to remove 13 and replace these throttle valves? 14 A In the eight years I was in the Navy, 15 I must have done that around four times. 16 Q How long does it take you to remove 17 one of the throttle valves? 18 A About 15 minutes. 19 Q How long does it take you to replace 20 the throttle valve? 21 A The same. 22 Q What associated with that work do you 23 believe caused you to be exposed to asbestos, 24 sir? 25 A It was taking the valve out because it Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 104 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 105 1 was surrounded by the insulation on the turbine 2 casing. 3 Q So if I appreciate you correctly, in 4 order for you to do your work, you would 5 disturb some of the insulation on the casing of 6 the turbine? 7 A Yes. 8 Q Did you disturb the insulation on the 9 casing of the turbine both in the removal and 10 the replacement, or was it just one or the 11 other? 12 A Mostly in the removal. 13 Q What type of insulation is on that 14 outside casing of the turbine? 15 A Asbestos. 16 Q That was a poor question. Can you 17 describe it to me, what the insulation looked 18 like? 19 A Okay. If -- If the person is a 20 civilian and not familiar with this stuff, the 21 insulation looks just like the fiberglass 22 insulation in your house. Basically they look 23 pretty much alike. 24 Q Explain to the jury what the turbo 25 generator is and exactly what it does on the Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 105 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 106 1 vessel, please. 2 A The turbo generator uses steam to turn 3 an electrical generator to make the power to 4 keep the lights lit. 5 Q What is the purpose of the throttle 6 valve? 7 A The throttle valve, the throttle valve 8 is to maintain the turbine turning at the 9 correct RPM, revolutions per minute. 10 Q Do you know who manufactured the 11 throttle valve itself? 12 A No. I -- I presume it was either GM 13 or -- Westinghouse or General Electric, 14 because, I mean, they made the turbines and 15 everything else that went there. 16 Q Do you have a specific recollection of 17 ever seeing "General Electric" or 18 "Westinghouse" on the throttle valve itself? 19 A No. 20 Q The work on the throttle valves would 21 have been when you were out at sea or when you 22 were at shipyards? 23 A In shipyards. 24 Q You would agree with me both the 25 turbine generators and the main propulsion Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 106 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 107 1 units, it is essential that they operate when 2 you are at sea; correct? 3 A Yes. 4 Q They are in fact designed to where you 5 should have to do little or no maintenance on 6 them because of the importance of the function; 7 correct? 8 A That's correct. 9 MS. ROUSSEL: 10 Object to the form of the 11 question. 12 EXAMINATION BY MR. TAFARO: 13 Q Did you ever have to work on the turbo 14 generators or the main propulsion units when 15 you were at sea? 16 A Occasionally, yes. 17 Q What would that work have entailed? 18 A It would depend. For instance, the 19 oil pump might go out and we would have to shut 20 down -- You have more generators than you need 21 at any one time, so you always have a spare you 22 can be running while you're working on one. 23 We had one case where -- The lube oil 24 is cooled by sea water, and the sea water 25 cooler plugged up and it couldn't cool the oil Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 107 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 108 1 for the generator so we had to shut it down. 2 Well, we start up another generator; we shut 3 that one down and then cleaned out the sea 4 water cooler, and then started it back up. 5 Q And as I appreciate it, you're 6 actually talking about equipment that is 7 associated with it so that the turbo generator 8 can run correctly. 9 A Yes. 10 Q Is that right? 11 A Yes. 12 Q More specifically, was there a time 13 when you ever worked on the turbo generator 14 itself while you were at sea that you recall? 15 A On the turbine itself? No. 16 Q How about the generator portion? 17 A No. 18 Q How about the main propulsion unit, 19 meaning the turbine that actually would drive 20 the vessel? 21 A No. 22 Q And in fairness, some of the vessels 23 you were on did not actually have a turbine 24 that drove it, but, rather, were driven by 25 diesel; correct? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 108 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 109 1 A One. One of the four, yes. 2 Q Which one was the one that was 3 diesel-driven? The NOBLE? 4 A No, no. The GRAPPLE. The GRAPPLE was 5 a repair and -- It was a rescue and salvage 6 vessel. 7 Q The other three were driven by steam? 8 A Yes. 9 Q Okay. You have told me about the work 10 on the throttle valves and then you told me 11 about the work that was on the associated 12 equipment. Is there any work specific on a 13 piece of General Electric equipment that you 14 have not told me about today? 15 A I cannot think of any. 16 Q Okay. Is there any work that you ever 17 performed on a piece of Westinghouse equipment 18 that you have not already told me about today? 19 A No. 20 Q And I want to make sure that -- So 21 essentially the only work that you performed, 22 and I realize you can't differentiate between 23 the two, and that's why I am asking, the only 24 work that you performed on the General Electric 25 or Westinghouse equipment was the replacement Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 109 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 110 1 of these throttle valves that you told me 2 about? 3 A Yes. 4 MS. ROUSSEL: 5 Object to the form of the 6 question. 7 EXAMINATION BY MR. TAFARO: 8 Q Do you believe that you were exposed 9 to asbestos associated with General Electric or 10 Westinghouse other than what you have already 11 told me about today with the throttle valve 12 work? 13 MS. ROUSSEL: 14 Object to the form of the 15 question. He's already -- Now you are 16 combining it. He's talked the 17 Westinghouse at the Idaho and he's 18 talked about various other things. 19 MR. TAFARO: 20 Wait. Fairness -- 21 MS. ROUSSEL: 22 I'm objecting to your misleading. 23 MR. TAFARO: 24 I'm going to cure it. 25 EXAMINATION BY MR. TAFARO: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 110 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 111 1 Q With regard to General Electric only, 2 -- 3 A Okay. 4 Q -- is there any work associated with a 5 piece of General Electric equipment that you 6 believe exposed you to asbestos other than the 7 throttle valve work that you told me about? 8 A No. 9 Q Let's move over to Westinghouse. I 10 want you to take the work associated in Idaho, 11 let's put that on the side and we'll come back 12 to it. Okay? Setting that aside, is there any 13 work that you did during your time in the 14 military that you believe exposed you to 15 asbestos associated with Westinghouse other 16 than that throttle valve work? 17 A No. 18 Q Okay. Let's go over to the work in 19 Idaho where you had recalled Westinghouse 20 employees were doing some insulation work in 21 that engine room. Remember that? 22 A Yeah. Actually it was the turbo 23 generator room, which is in the engine room, 24 but it's -- it's separate because it's enclosed 25 because they don't want the heat and humidity Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 111 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 112 1 from the steam system getting into the electric 2 -- electrical system. 3 Q I had written this down, but I want 4 you to correct me if I am wrong. You were 5 doing -- Was this one day of work? One day of 6 work that you were doing? 7 MS. ROUSSEL: 8 Object to the form of the 9 question. And he's already answered 10 that. He's not going to answer it 11 again. 12 Don't answer that question. 13 You already asked him that. 14 MR. TAFARO: 15 I am talking about the work at 16 the Idaho. 17 MS. ROUSSEL: 18 Exactly. You did ask him that. 19 MR. TAFARO: 20 I did not explore this with him. 21 EXAMINATION BY MR. TAFARO: 22 Q Sir, when you were doing the work at 23 Idaho at the National Research Center -- 24 A National Reactor Testing Center. 25 Q I'm sorry. I have my notes already. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 112 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 113 1 A Okay. 2 Q When you were doing that work at 3 Idaho, how long were you there, sir? 4 A Well, I was at the prototype for 5 approximately six months. 6 Q How long were you in the room when the 7 Westinghouse employees were doing their 8 insulation work? 9 A That was one day. And it took most of 10 the day. 11 Q And is "one day", does that mean an 12 eight hour day? 13 A Yes. 14 Q What exactly were the Westinghouse 15 employees insulating? 16 A Steam pipes that were running in the 17 overhead. 18 Q Did you work hands-on with any of the 19 materials that they were using to insulate the 20 steam lines? 21 A No. 22 Q What year was this? 23 A That would have been 1965. 24 Q And I know that you told me about when 25 they were standing and you asked them to move, Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 113 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 114 1 but what exactly was it that you were doing at 2 that time during that eight hour day? 3 A When you have your generators, like I 4 say, you have more generators than you need, so 5 you have to learn to start a generator from 6 scratch and bring it up to speed and then you 7 need to parallel the generators with the other 8 generators on the ship and then you have to 9 take another generator offline, you see, 10 because you don't want an interruption to the 11 electrical power that's running a reactor. So 12 to do this, it takes a little manual dexterity 13 to get this just right. So people have to 14 practice it. 15 Q So essentially you were practicing how 16 to -- 17 A I was practicing lighting up and 18 paralleling generators. 19 Q Other than that one day when the 20 Westinghouse employees were doing the pipe 21 work, is there any other work during your time 22 at Idaho that you believe caused you to be 23 exposed to asbestos associated with 24 Westinghouse? 25 A Yes. That engine room was a big Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 114 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 115 1 place. There was always something under repair 2 in that engine room. And so -- But, I mean, I 3 can specifically mention that one generator 4 room experience, but other experiences would 5 just be background noise, you know. 6 Q And the work that would have been 7 being done when you were there, is it all 8 Westinghouse equipment or was there other 9 equipment? 10 A It -- I believe that entire ship was 11 -- was -- well, the main equipment was 12 Westinghouse. And, of course, the pumps were 13 all these various pumps and stuff. But anyway, 14 Westinghouse ran this facility under license 15 from the government. 16 Q I guess what I am trying to determine 17 is what, other than what you have already told 18 me, do you believe Westinghouse did during that 19 time that would have caused you to be exposed 20 to asbestos? 21 A I have nothing specific that I can 22 point to. 23 Q In general -- I understand what you 24 did during that one given day, so -- but in 25 general, you said you were there for six Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 115 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 116 1 months? 2 A Well, yeah. You -- You have to 3 qualify on every piece of equipment that's in 4 that engine room. Now, when I say six months, 5 that's approximate. I'd have to go back and 6 look at the records to see exactly what it was. 7 But -- But you would have to qualify on running 8 the boilers. Well, actually, it's steam 9 generators on a rack. Then you have to qualify 10 on the turbo generators. Then you have to 11 qualify on the pumps. Then you have to qualify 12 on the main throttles to control the speed of 13 the ship and so on and so forth. And you 14 worked on it piecemeal over a long period of 15 time. 16 Q Is it fair to say that your time there 17 was essentially training? 18 A All training, yes. 19 Q Would they have been -- Other than 20 what you told me about that one given day, were 21 they performing maintenance work on equipment, 22 any of the equipment during your time during 23 that six month stint? 24 A Oh, yeah. Continuously. 25 Continuously. You have to understand ships Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 116 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 117 1 like aircraft carriers are huge vessels. They 2 have thousands of pieces of equipment. 3 Something is always broken on an aircraft 4 carrier. Something is always on repair on an 5 aircraft carrier. At sea, in port, I guarantee 6 you something is always under repair. 7 Q So if I appreciate with what your 8 testimony -- what you're testifying to, and 9 please correct me if I am wrong, the only 10 specifics you recall you have told us, but you 11 know in general they would have been doing 12 other maintenance work? 13 A Continuously, yes. 14 MS. ROUSSEL: 15 And let me just object. When you 16 say "they", you're talking about 17 Westinghouse? 18 MR. TAFARO: 19 I wasn't talking about anyone. 20 MS. ROUSSEL: 21 I am objecting to the form of 22 your question. 23 MR. TAFARO: 24 That's fine. 25 EXAMINATION BY MR. TAFARO: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 117 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 118 1 Q And other than what you specifically 2 told me now about all of the areas we talked 3 about, you have told me all the specific 4 recollection that you have that you associate 5 with Westinghouse and exposure to asbestos; is 6 that fair? 7 A Yes. 8 Q This is going to be my only chance to 9 talk to you, so I want to make sure that I have 10 wrapped this up. I have talked to you about 11 Foster-Wheeler and all specific exposures you 12 associated with it; correct? 13 A Yes. 14 Q I have talked to you about General 15 Electric and all exposures you associated with 16 General Electric; correct? 17 A Yes. 18 Q I have talked to you about 19 Westinghouse and all exposures you associate 20 with Westinghouse; correct? 21 A Yes. 22 Q Is there anything that you have not 23 told me about that's -- 24 A Not -- Not concerning those three 25 companies, no. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 118 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 119 1 Q And that's exactly what I am talking 2 about. 3 With regard -- Give me one second. 4 Do you believe you were exposed to 5 asbestos associated with any of those 6 companies, and we'll break them up if 7 necessary, when you were in the specific 8 vicinity when work was being done on their 9 equipment that you have not already told me 10 about? 11 A No. 12 Q We talked about the Foster-Wheeler 13 equipment. I want to move on to the General 14 Electric turbines. You were not present when 15 they were actually installed on the vessels 16 that you worked on; fair? 17 A No. 18 Q Is that fair? 19 A That's fair. 20 Q And that's the same thing for 21 Westinghouse equipment; right? 22 A That's correct. 23 Q Do you know if GE's or Westinghouse's 24 equipment, when it was shipped to the Navy, was 25 shipped bare metal? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 119 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 120 1 A I have no way of knowing that. These 2 ships had been in service for several years 3 before I ever got on them. 4 Q Do you have any reason to believe that 5 General Electric intended to cause you harm? 6 MS. ROUSSEL: 7 Object to the form of the 8 question. He can't talk about 9 objective intent. 10 THE WITNESS: 11 I have no idea what General 12 Electric intended. 13 EXAMINATION BY MR. TAFARO: 14 Q Do you have any reason to believe that 15 Westinghouse intended to cause you harm? 16 MS. ROUSSEL: 17 The same objection. 18 THE WITNESS: 19 I would have no idea what 20 Westinghouse was doing. 21 EXAMINATION BY MR. TAFARO: 22 Q Do you have any reason to believe that 23 Foster-Wheeler intended to cause you harm? 24 A I have no idea what their intent was. 25 Q All of the equipment for those three Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 120 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 121 1 companies that we have talked about were on 2 actual vessels; correct? 3 A Yes. 4 Q Did you ever work around any equipment 5 associated with any of those three companies at 6 some land-based facility where you actually 7 were on land? 8 A Well, the National Reactor Testing 9 Center was on land in Idaho. They put it way 10 out there in case something went wrong, they 11 would just kill jackrabbits instead of people. 12 Q And -- 13 A I'm serious. That's why they put it 14 out there. It was a 60 mile to drive to work 15 every day. 16 Q Is there any other -- And we have 17 talked about that work in detail and everything 18 you recall about it; correct? 19 A That's everything I recall, yes. 20 Q Other than that work in Idaho, did you 21 ever work around any equipment associated with 22 General Electric, Foster-Wheeler, or 23 Westinghouse at some land-based facility? 24 A No. 25 Q Do you know the Navy's level of Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 121 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 122 1 knowledge associated with asbestos during your 2 time when you served? 3 A I would have no way of knowing that. 4 Q You don't know -- 5 A I -- I -- I was a mechanic. 6 Q -- if they knew or did not know? 7 A I wasn't an officer. I wasn't an eng- 8 -- you know, an engineer or anything. I was a 9 mechanic. These things would be way beyond my 10 knowledge. 11 Q And that's a perfectly fair answer. I 12 can only -- The only way for me to know that is 13 to ask you that, sir. 14 Would you agree with me that on the 15 various Naval vessels that you served on there 16 were miles and miles of piping on the vessel? 17 MS. ROUSSEL: 18 Object to the form of the 19 question. 20 THE WITNESS: 21 Yeah. 22 EXAMINATION BY MR. TAFARO: 23 Q Would you agree that the majority of 24 the piping was insulated? 25 MS. ROUSSEL: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 122 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 123 1 Object to the form of the 2 question. 3 THE WITNESS: 4 Not necessarily. Insulation was 5 only used in cases of extreme heat or 6 extreme cold. Otherwise, none of that 7 stuff was insulated. You know, in 8 other words, the fresh water pipe 9 going to the spigot there was not 10 insulated, for instance. 11 EXAMINATION BY MR. TAFARO: 12 Q In many cases they actually had 13 insulating piping going through the berthing 14 rooms. Would you agree with me? 15 MS. ROUSSEL: 16 Object to the form of the 17 question. 18 THE WITNESS: 19 Yes. 20 EXAMINATION BY MR. TAFARO: 21 Q If the -- And I am probably not going 22 to term this as well as I should, so you can 23 put it in better terms, but if it was rough 24 seas and the ship was shaking, would the 25 insulation on that piping be disturbed? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 123 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 124 1 A No. 2 Q Did you ever see -- 3 A That stuff was glued down pretty well, 4 plus -- number one. Number two, those kinds of 5 pipes rarely need to be reinsulated. So if 6 anything was shaken off of it, it was shaken 7 off the first 20 years before I got on the 8 ship, would be my opinion of what happened. 9 Q Did you ever see dust associated with 10 the insulation on the piping on the ships? 11 A No. No. Only during maintenance do 12 you see the dust. 13 Q Sir, have you ever filed any prior 14 lawsuits? 15 A No, sir. 16 Q Have you ever given any other 17 depositions? 18 A No, sir. 19 Q Do you know the name of any gentlemen 20 that served with you in the Navy that are still 21 alive today? 22 A No. 23 Q If it's a great number, just narrow it 24 down to a handful for me because we're under 25 time constraints. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 124 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 125 1 A Are you asking me if I actually still 2 know these people? Or do I just know their 3 names from when I served with them? 4 Q I realize that you served for eight 5 years. I do not want to know the name of every 6 individual you served with. Okay? If there is 7 any gentlemen that you served with that you 8 either keep in touch with or know are still 9 alive today, that's what I am asking right now. 10 A Okay. 11 Q Are there any? 12 A Yes. 13 Q Okay. And who would that be? 14 A John H. Croix, C-O-R-I-X (sic). 15 Q C-R -- I'm sorry, say it -- spell it? 16 MS. ROMERO: 17 C-R-O-I-X. 18 THE WITNESS: 19 C-R-O-I-X. 20 EXAMINATION BY MR. TAFARO: 21 Q Where does Mr. Croix live? 22 A He lives in Texas. 23 Q Do you know anything more specific 24 about that? 25 A No. No. No. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 125 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 126 1 Q How do you keep in touch with Mr. 2 Croix? 3 A Email occasionally. 4 Q His email would essentially be saved 5 in your address book in your account if you 6 needed to get in touch with him? 7 A I don't understand the question. 8 Q Well, if you wanted to send -- If you 9 wanted to send him an email, do you have his 10 email address saved in your email account? 11 A Yes. 12 Q I'm going to ask that you provide that 13 to Miss Roussel and we'll get it at a later 14 time. 15 A Okay. 16 Q Do you know it as we sit here right 17 now? 18 A Oh, no, I wouldn't know it off the top 19 of my head, no. 20 Q What vessels did you serve with Mr. 21 Croix on? 22 A The BAINBRIDGE. 23 Q What did he do on the BAINBRIDGE? 24 A The same thing I did. 25 Q Was he on the tour with you? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 126 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 127 1 A Yes. 2 Q Is there anybody else that you keep in 3 touch with? 4 A No. 5 Q Is there anyone else that you served 6 with that you specifically know is still alive 7 and around right now? 8 A No. 9 Q Can you give me the names of 10 approximately five guys that you remember 11 serving with? 12 A Okay. Spigner was -- That's his last 13 name. He was on that last ship I was on. 14 Mickey Olmsted was a friend of mine and John on 15 the BAINBRIDGE. Let's see. Who else would it 16 be. Paul Young, I served with him on the 17 SAMUEL N. MOORE. The fellow's name was Kiley, 18 that was has last name, K-I-L-E-Y. That was on 19 the NOBLE, the APA-218. There was a guy named 20 Barbo, B-A-R-B-O, on the -- on the USS GRAPPLE. 21 So I -- These are just names I remember. 22 Q Other than any communications that you 23 had with Miss Roussel, did you do anything to 24 prepare for your deposition today? 25 A No. Basically if I don't remember it, Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 127 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 128 1 it ain't there. 2 Q Do you know who manufactured any of 3 the insulation products that were used on any 4 of the vessels? 5 A No. 6 Q Do you know how the Navy acquired that 7 material? 8 A No. 9 Q Sir, were you a smoker when you were 10 in the Navy? 11 A Yes. 12 MS. ROUSSEL: 13 Object to the form of the 14 question. Also object on the basis of 15 relevance. And I will make it 16 continuing if all of you agree that it 17 can be continuing. 18 MR. TAFARO: 19 It can be continuing. 20 MS. ROUSSEL: 21 Okay. 22 EXAMINATION BY MR. TAFARO: 23 Q Tell me the history of your smoking. 24 A Well, I started smoking in the Boy 25 Scouts when I was 14 and basically I smoked Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 128 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 129 1 until February of 2014. That's when I had the 2 asthma attack, and when -- when I couldn't 3 breathe, there was absolutely no question to me 4 quitting smoking. It was -- It was done. 5 Q How much would you smoke per day? 6 A Okay. Over that period of 56 years, 7 it varied greatly. My guess is an average 8 would be a pack and a half to two packs a day. 9 Q You saw the warnings on the outside of 10 the cigarette packs; right? 11 A Well, they didn't have them when I 12 started smoking. I see them now, yes, in more 13 recent years. 14 Q I'm sorry, I don't mean to talk over 15 you. And you actually saw the warnings as 16 early as the '60s; right? 17 MS. ROUSSEL: 18 I object to the form of the 19 question. 20 THE WITNESS: 21 I do not know when they started 22 putting those warnings. 23 EXAMINATION BY MR. TAFARO: 24 Q When they started putting them, you 25 did notice them; correct? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 129 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 130 1 A Yes. 2 Q Okay. You made the conscious decision 3 to continue smoking anyway; correct? 4 MS. ROUSSEL: 5 I object to the form of the 6 question. 7 THE WITNESS: 8 Yes. 9 MR. TAFARO: 10 Gerolyn, I know the food is here. 11 Do you want to take a break right now? 12 MS. ROUSSEL: 13 No. Let's finish you and then 14 we're going to take a break. 15 MR. TAFARO: 16 Sir, at this point I am going to 17 review my notes; and if I have 18 something further or somebody sparks 19 something, I'll ask you later, but I 20 appreciate your time today, Mr. Bell. 21 THE WITNESS: 22 Yes. 23 VIDEO OPERATOR: 24 Off the record. 25 (Recess taken.) Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 130 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 131 1 VIDEO OPERATOR: 2 This is the beginning of DVD 4. 3 We're back on the record. 4 EXAMINATION BY MR. CAMPBELL: 5 Q Ready? Mr. Bell, my name is Barry 6 Campbell and I represent Crane Co. and I have a 7 few questions for you related to Crane Co. 8 valves only. Okay? 9 A Okay. 10 Q I have a tendency to speak very 11 quickly so if you don't understand my question 12 or I'm speaking too quickly, let me know and I 13 will try to slow down for you. Is that fair 14 enough? 15 A Okay. Fair. 16 Q All right. Earlier you identified 17 that you worked with Crane Co. valves. Did you 18 work with Crane Co. valves on all four of the 19 ships that you identified? 20 A Probably not on the GRAPPLE, because 21 that was not a steamship. But the other three, 22 yes. 23 Q All right. Now, what types of valves 24 were those? Do you understand my question? 25 A Are you asking me whether they were Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 131 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 132 1 disk valves or gate valves and so on and so 2 forth? 3 Q Correct. 4 A Well, they were both. The gate valves 5 were primarily the steam -- the steam valves. 6 But they did have the other types. 7 Q Okay. So they had globe valves? 8 A Globe valves, yeah. 9 Q What about a butterfly valve? 10 A I wouldn't know specifically. In 11 other words, in relation strictly to Crane, -- 12 Q Yes, sir. 13 A -- I do not know if they were 14 butterfly Crane valves. 15 Q Fair enough. Can you tell me, if you 16 can, were there more of the gate valves or the 17 globe valves that were manufactured by Crane 18 that you remember? 19 A I think gate valves were the biggies. 20 They were the largest valves for sure. 21 Q Largest in size? 22 A In size, physical size, yes. 23 Q Can you tell me some of the sizes of 24 some of those gate valves? 25 A Well, the steam pipe would be roughly Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 132 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 133 1 six inches in diameter. Then that would be the 2 size of the gate in the gate valve. And then 3 the stem would stick out about that far 4 (indicating). 5 Q The stem would stick out a couple of 6 feet? 7 A Well, at least a foot. 8 Q You said on the gate valve, those had 9 steam running through them? 10 A Yes. Usually. 11 Q Usually? Can you recall anything else 12 that a gate valve would have running through it 13 besides steam? 14 A Sea water. 15 Q And sea water would be cold; correct? 16 A Yes. 17 Q How do you know that these were Crane 18 Co. valves? 19 A Because "crane" was cast right into 20 the body of the valve, the word "Crane." 21 Q Could you see the word "Crane" on the 22 valves? 23 A Yes. 24 Q Do you have a specific recollection of 25 where the Crane Co. gate valves were located on Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 133 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 134 1 the vessels? 2 A In the engine room. 3 Q Did you see them anywhere besides the 4 engine room? 5 A Probably you see -- There's also 6 auxiliary rooms where you have spare generators 7 and stuff. So it would have been mostly in the 8 engine room, but in some of these auxiliary 9 motor rooms they would put them in there, too. 10 Q And those auxiliary motors, they were 11 operational motors? 12 A They -- They were turbo generator 13 rooms. 14 Q Do you -- And I know earlier you 15 talked with seeing manuals, that the vessels 16 had libraries of manuals. Do you specifically 17 recall seeing a Crane Co. manual for any of the 18 valves? 19 A I do not specifically recall a Crane 20 Co. manual for a valve, no. 21 Q Do you recall ever seeing a Crane Co. 22 employee at any point in time on any of the 23 vessels? 24 A No. 25 Q Did you ever install a brand new Crane Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 134 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 135 1 Co. valve on any of the vessels? 2 A No. 3 Q And you identified or you talked about 4 earlier today about I believe changing gaskets 5 on valves? 6 A Yes. 7 Q Would that have been related to the 8 flange gaskets? 9 A Yes. 10 Q Did you ever open up a valve and work 11 inside a valve? 12 A Okay. Yes, sometimes you would have 13 to lift the top off the valve to get to the 14 gate, in the gate valve. Did that 15 occasionally, yes. 16 Q Can you tell me how many times you 17 actually opened up the top of a valve, a Crane 18 Co. valve? 19 A Two or three times maybe. 20 Q When you would do that, did you have 21 to remove a gasket or anything? 22 A Yeah, because the body of the valve 23 and the valve stem would -- the valve stem 24 would go through this superstructure-like thing 25 that was bolted to the main body of the valve Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 135 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 136 1 and there was a gasket in there, yes. 2 Q Can you describe for me that gasket 3 that would be between those two pieces? 4 A It would just be the plain compressed 5 asbestos, the kind where you take the sheet and 6 you pound it out with the ball peen hammer. 7 Q Could you tell me what color that 8 gasket was? 9 A Generally those gaskets were gray, a 10 dark gray. 11 Q Do you know who manufactured any of 12 those gaskets that you removed from inside the 13 valve? 14 A No. 15 Q Do you know the name of the 16 manufacturer of any of the gaskets when you had 17 to remake one to go on that part of the valve? 18 A No. 19 Q And you said it was compressed 20 asbestos? 21 A Compressed asbestos, yes. 22 Q Did you ever see any of the packaging 23 for those gaskets? Do you want me to rephrase 24 the question? 25 A Okay. Are you asking me did the Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 136 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 137 1 gaskets come packaged? 2 Q When you needed a gasket, did you have 3 to take it out of a package or did you just get 4 it from a storeroom? 5 A We would -- We would just get it in 6 big rolls and we'd cut out approximately what 7 we needed and we'd pound out the rest. 8 Q So you never saw it boxed or in a 9 plastic container or anything like that? 10 A No. 11 Q Would you know any of the maintenance 12 history on any of the Crane Co. valves? 13 A No. 14 Q Okay. A little bit earlier when you 15 talked about flange gaskets, walk me through 16 the process of changing a flange gasket just 17 briefly if you would. 18 A You unbolt the bolts on both ends and 19 pull them out, and then you drop the valve out 20 of the pipe. Then you stuff the ends of the 21 pipe with rags and stuff so no dirt or anything 22 gets in there. Then you would have to take and 23 wire brush or scrape the flanges clean and then 24 make a new gasket. 25 Q That's when you would use the ball Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 137 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 138 1 peen hammer? 2 A Yes. 3 Q Is that the same gasket material that 4 you have already described? 5 A Yes. 6 Q And you don't know who manufactured 7 that gasket material? 8 A I do not know the manufacturer of that 9 gasket. 10 Q Did that gasket material have my 11 writing on it that you remember? 12 A I don't remember what the writing 13 would have said other than I believe it would 14 say "compressed asbestos." 15 Q And was that gasket material like the 16 old gasket material that you had removed? Was 17 it gray? 18 A Yes, I believe it was gray, yes. 19 Q How long would it take to change a 20 flange gasket on a Crane Co. valve? 21 A On a medium size valve (indicating), 22 probably 30 minutes. 23 Q What about a larger valve? 24 A A larger valve, twice as long. 25 Q So about an hour? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 138 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 139 1 A Yeah. 2 Q Is there any way -- I know this is 3 going to be probably hard to do -- is there any 4 way you can estimate how many flange gaskets 5 you had to change on a Crane Co. valve? 6 A Not specifically on Crane Co. valves 7 as such, but flange gaskets were something that 8 were an almost everyday occurrence of -- Any 9 time you were doing maintenance, you were 10 making flange gaskets. 11 Q So you did that on a daily basis 12 probably? 13 A Every time we were under repair, yes. 14 Now, am I allowed to say more than 15 just answer your questions? 16 Q If you want to say more, we can go and 17 see where you're going to go. 18 A The point is, on those Crane Co. 19 valves, the asbestos exposure was not so much 20 those gaskets. It was packing the valves and 21 repacking the valve stems. That's where the 22 exposure was coming from. 23 Q Well, I was -- 24 A Because a lot of times we repacked the 25 valves, we wouldn't have to pull the valve out, Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 139 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 140 1 you see. And so I didn't -- don't want to get 2 too stuck on the flange gaskets when in fact 3 that was the minor problem. The major problem 4 was getting that packing replaced. 5 Q Well, that's what I was about to go 6 into next with you, sir, was about the packing. 7 Do you have a specific recollection of 8 removing packing from a Crane Co. valve? 9 A Almost certainly, yes. 10 Q Can you tell me how many times you did 11 that? 12 A A couple of dozen. 13 Q Walk me through the process. I know 14 you talked about it a little bit earlier, but 15 walk me through the process of changing packing 16 on a valve, a Crane Co. valve. 17 A Okay. You have what's called a 18 packing gland. It's like a tunnel in the 19 steel. And then you have the shaft where you 20 open the valve (indicating). And in between 21 those you have to put the packing to prevent 22 steam from blowing out. And then there's a nut 23 that you screw down the packing tighter and 24 tighter and tighter until it makes a 25 steam-tight connection, but it's not so tight Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 140 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 141 1 that you can't turn the valve itself. 2 Now, after the packing has been in 3 there for several years, it's been heated up 4 and cooled down and heated up and cooled down 5 and it gets like -- like rocks and stuff in 6 there, and so you have to go to a great deal of 7 trouble to get the old packing out. They gave 8 us devices that looked like corkscrews on long 9 flexible metal handles and we'd try and screw 10 into that stuff and pull it out. And if that 11 didn't work, we used what was called scribes. 12 They were metal rods with pointy ends and we'd 13 try and pull out with that. Then we would use 14 anything else we had, pen knives, ballpoint 15 pens, just trying to get the packing out. And 16 -- 17 Q Can -- 18 A And then once that was out, you -- you 19 would want to clean out that area very 20 thoroughly before you put the new packing in or 21 the new packing wouldn't seat. So basically -- 22 basically we'd just blow it out, (indicating), 23 you know, but sometimes we used compressed air 24 to be more thorough. 25 Q So you -- I'm sorry. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 141 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 142 1 A Just to be more thorough, we'd use 2 compressed air when we could. 3 Q So sometimes you would just blow it 4 with your mouth -- 5 A Yes. 6 Q -- to force air into it? 7 A Yes. 8 Q Say on a medium size valve, how long 9 would it typically take to change the packing 10 on a Crane Co. valve? 11 A 30 minutes. 12 Q And that's removing it and replacing 13 it? 14 A Yes. 15 Q Can you describe for me what the 16 packing looked like? 17 A Okay. The packing came in rolls of 18 long braided -- it was like braided hair, I 19 guess, you know. And it would come in long 20 rolls and you would measure how much you needed 21 and you would chop it off and then you'd wrap 22 it around the valve stem and stuff it down in 23 there and then do the next one and the next. 24 Q Do you know who manufactured any of 25 the packing that you removed from a Crane Co. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 142 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 143 1 valve? 2 A No, I do not know. 3 Q Do you know the manufacturer of any of 4 the packing that you put back into a Crane Co. 5 valve? 6 A I do not know. 7 Q Did the packing that you were 8 installing that was new, did it have a slick 9 feel to it? 10 A A slick feel? Okay. Sometimes the 11 packing was graphite lubricated, yes. 12 Sometimes it was not. 13 Q Okay. And I don't know if I asked 14 you, what color was it? 15 A Gray. 16 Q And the packing that you were -- 17 A The packing itself would be -- would 18 often be white, but with the graphite coating, 19 of course, it would be gray. 20 Q And the packing that you removed, 21 would it be the same color or had it changed 22 color? 23 A Yes. No, I think it was the same 24 color. Yeah. 25 Q And what do you believe that packing Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 143 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 144 1 was made of? 2 A The packing was made of asbestos. 3 Q Do you know who supplied any of that 4 gasket material or the packing to the Navy? 5 A No, I do not. 6 MR. CAMPBELL: 7 Just one second, Mr. Bell. 8 Mr. Bell, I believe -- I am going 9 to look at my notes, but I believe 10 that's all I have. 11 VIDEO OPERATOR: 12 Off the record. 13 (Whereupon a discussion was held off 14 the record.) 15 (Ms. Shelly Thompson enters conference 16 room.) 17 VIDEO OPERATOR: 18 We're now back on the record. 19 EXAMINATION BY MS. ADAMS: 20 Q Hi, Mr. Bell. My name is Jennifer 21 Adams. Can you hear me okay? 22 A Yes. 23 Q Okay. I have two clients that I am 24 going to be asking you questions about, so it 25 might take a little while. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 144 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 145 1 A Okay. 2 Q I'm trying to speed through it as fast 3 as I can. 4 A Okay. 5 Q Believe me, you know, I am ready to 6 get out, you know, get it going, too. 7 All right. Let me go back to some 8 questions about when you were in the Navy. I 9 don't believe it was asked. What was your -- 10 What was your class in the Navy? 11 A Are you asking what was my specialty? 12 Q Well, I guess so. 13 A Basically I was a machinist's mate. 14 Q All right. 15 A Now, I did serve as an engineman and a 16 machinery repairman also. But the base was 17 machinist's mate. Now, machinist's mate at 18 that time worked on steam ship equipment in the 19 engine room mostly. 20 Q Okay. Is there a particular rank you 21 had? 22 A Oh, yeah. Well, I -- I went all the 23 way from -- from E-2 to E-5. 24 Q Okay. 25 A So my ending rank was petty officer Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 145 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 146 1 second class, which is equivalent to a sergeant 2 in the Army or the Marine Corps. 3 Q Okay. Now, each of the four ships 4 that you served on, were they -- and maybe I 5 missed this, but were they all the same type of 6 ship? 7 A Oh, no. 8 Q Okay. 9 A They were all different types. 10 Q Okay. Can you tell me what type of 11 ship the NOBLE was? 12 A The NOBLE was an attack transport. 13 Q Okay. 14 A Its job was to put Marines ashore over 15 the beach. 16 Q Okay. 17 A Like D-Day. 18 Q Okay. And what about the GRAPPLE? 19 A The GRAPPLE was a rescue and salvage 20 vessel. Basically it was an ocean-going 21 tugboat with divers aboard and dive specialty 22 equipment. 23 Q Okay. And the next one? 24 A The next one, the USS BAINBRIDGE, was 25 called a destroyer leader at the time, DLGN-25. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 146 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 147 1 Q I'm sorry, one more time? DL -- 2 A DLGN-25. 3 Q Okay. 4 A Destroyer leader nuclear, hull number 5 25. 6 Q Okay. 7 A Now, so it basically was a very big 8 destroyer and so it was later reclassified as a 9 cruiser, CGN-25. 10 Q Were you on the ship when it was later 11 classified as a cruiser? 12 A No. No. 13 Q While you were on it, it was 14 classified as a destroyer leader? 15 A Yes. 16 Q All right. And then the MOORE? 17 A The SAMUEL N. MOORE was a -- just a 18 destroyer. Nope as a destroyer. 19 Q Okay. 20 A It was an Allen M. Sumner-class 21 destroyer if that makes any difference. 22 Q It might. I don't know. 23 You mentioned earlier that you have 24 some records about your Navy service that you 25 keep at home. Can you describe what type of Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 147 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 148 1 mementos or records you were referring to? 2 A Well, several things. Of course, I 3 have my DD-214, which everybody gets upon 4 discharge. 5 Q Can you explain to the jury what that 6 is? 7 A DD-214 is proof that you served in the 8 United States military. 9 Q Okay. 10 A Then I had a sheet that showed all of 11 my duty stations and when I served and when I 12 got there, when I left, and my rank when I got 13 there and so on and so forth. I didn't know 14 that -- to bring that today or anything. 15 Q That's okay. I am just trying to 16 figure out what you have that may help us 17 understand more. 18 A Yeah. Then -- Then I have what's 19 known as a letter of appreciation from my 20 commanding officer when we did a tour of duty 21 in Vietnam. We went on 47 combat missions. 22 And after the tour was over, the commanding 23 officer wrote letters of appreciation to 24 approximately half -- half of the crew, the 25 people who were considered the key players in Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 148 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 149 1 that -- in the war zone. 2 Q May I stop you right there? So do you 3 remember the name of your CO who wrote that 4 letter? 5 A D. J. Mattson, M-A-T-T-S-O-N. 6 Q Do you have any idea if he's alive or 7 -- 8 A Have no idea. Probably he's very old 9 by now. He would be in his 90s. 10 Q Right. Okay. And on what ship did 11 you do those 47 combat missions? 12 A That was the SAMUEL N. MOORE. 13 Q All right. Please go on if you have 14 any other records or mementos. 15 A No, basically that's -- Oh, well, I 16 have two honorable discharge certificates. 17 Q Okay. 18 A I have a couple of school certificates 19 saying I graduated from this particular service 20 school or that particular service school. 21 Q Where do you have two honorable 22 discharge certificates? 23 A Because I did two enlistments. 24 Q Okay. 25 A And you get an honorable discharge at Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 149 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 150 1 the end of one enlistment when you reenlist for 2 the next one. 3 Q Okay. And you voluntarily went into 4 the service, or were you drafted? 5 A No, voluntary. 6 Q Have you received any medical 7 treatment at any of the V.A. medical centers in 8 town? 9 A No. No. 10 Q Okay. After you got out of active 11 duty in the service, did you -- were you in the 12 reserves? 13 A No. 14 Q If we ask for the documentation, the 15 documents that you were just talking about, 16 would they be easily -- would you be able to 17 easily find them in your house? 18 A Yes. 19 Q Okay. 20 A But please remember tomorrow I'm 21 flying to Houston for this huge operation. 22 Q I know. 23 A So if -- if -- if you don't get them 24 today, it may be months before. 25 Q It's not a matter of emergency, sir. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 150 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 151 1 I'm just asking if you had -- 2 A Yes. 3 Q -- the ability to do so. 4 Okay. Of the four ships that you 5 served on, which was the largest? 6 A The BAINBRIDGE. 7 Q Okay. Can you tell me the -- did you 8 work -- I believe you said you worked in the 9 engine rooms of all four of those ships? 10 A Yeah. And on the GRAPPLE I worked in 11 the machine shop. 12 Q Oh, okay. 13 A However, the machinists did go down in 14 the engine room and do work in the engine room, 15 but that was not my primary duty station. 16 Q Okay. But for the GRAPPLE, was your 17 primary duty station the engine room on the 18 other three ships? 19 A Okay. On the last two ships that's 20 true. 21 Q Okay. 22 A On the first ship, I served first in 23 the boat shop with the -- with the landing 24 craft. And it was only after we sailed to go 25 blockade Cuba during the missile crisis was I Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 151 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 152 1 transferred to the engine room during that 2 period. 3 Q So how much time did you spend in the 4 boat shop versus the engine room on the NOBLE? 5 A The boat shop was a year, a year and a 6 half. The engine room was -- was three months. 7 Q Okay. Can you tell me the dimensions 8 of the boat shop room? 9 A The dimensions of the boat shop were 10 roughly twice the size of this room. 11 Q Okay. Can you estimate that in 12 numbers since we don't have a measuring stick 13 here? 14 A No, I guess 20 feet by about 30 feet, 15 20 feet by 40 feet, something like that. 16 Q Okay. And about the dimensions of the 17 engine room on the NOBLE? 18 A Oh, that was huge. It took up like a 19 third of the ship. 20 Q Okay. Can you give me a rough 21 estimate of -- 22 A And the engine room -- And the engine 23 room on a big ship like that, there's many 24 stories tall. 25 Q Okay. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 152 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 153 1 A That engine room was about five 2 stories tall. So it's like a five-story 3 building -- 4 Q Sure. 5 A -- inside the ship. 6 Q Okay. Can you tell me, was it as long 7 as a football field? 8 A Yes. 9 Q Okay. Is it longer than a football 10 field? 11 A No. It's about -- 12 Q About 100 yards? 13 A No. It -- Half that. 75 yards. 14 Q 75. Okay. 15 A These are rough estimates. 16 Q I understand. I'm just trying to get 17 your best recollection. I'm trying to 18 understand where you were -- 19 A Yes. 20 Q -- working in space and time. 21 Okay. And about how wide was that 22 engine room? 23 A The full width of the ship. I think 24 the ship was 75 feet wide and the engine room 25 was the full width of the ship. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 153 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 154 1 Q All right. Can you describe the 2 dimensions of the machine shop on the GRAPPLE? 3 A Oh, that was a tiny little space. It 4 was -- I would say it was about 10 feet wide by 5 about 20 feet long, 15, 20 feet long. 6 Q Okay. And then the engine room on the 7 BAINBRIDGE? 8 A The engine room on the BAINBRIDGE took 9 up the entire width of the ship, and that ship 10 was another ship of about 70 feet wide. 11 Q Okay. 12 A And I would guess it was a little bit 13 longer than it was wide. 80, 90 feet. 14 Q Okay. And was that also a 15 multi-storied room? 16 A Oh, yes. Yes. Yes. Yes. 17 Q Do you recall how many stories it was? 18 A Okay. We had the lower level, we had 19 the turbine level, we'd have the upper level 20 for the compressors, and then there would be 21 essentially a blank level above that, and then 22 -- So basically that's four stories. 23 Q Okay. And what about the engine room 24 on the MOORE? 25 A The MOORE was half the size of the Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 154 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 155 1 BAINBRIDGE. 2 Q Okay. All around? 3 A All around. 4 Q What about the stories on that? 5 A Yeah. No. The MOORE was only two and 6 a half stories tall. 7 Q Okay. 8 A There was the lower level with all the 9 pumps, there was the upper level with the turbo 10 generators, and then there was a kind of an 11 empty level above that (indicating). 12 Q Okay. 13 A The empty level was where we kept all 14 the cranes and stuff to lift the heavy 15 equipment. 16 Q Sure. Where were the storage rooms? 17 Like when you needed to get material to do your 18 repairs, were the storage areas within the -- 19 Well, I guess I have to ask ship by ship. For 20 the MOORE, for example, was the supply room or 21 storage room within the engine area? 22 A No. No. No. 23 Q Okay. 24 A All of those supply rooms were in 25 various places around the ship. Because, you Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 155 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 156 1 see, the ship's layout, you have to have the 2 engineering in a row and then you have to have 3 where the guns are, so you had the magazines 4 for the shells and stuff and so on and so 5 forth. 6 Q Yes. 7 A And the repair parts get stuffed in 8 little nooks and crannies wherever there's 9 available space. 10 Q That would be the same for any of the 11 ships you served on; correct? 12 A Yes. All of them, yes. 13 Q All right. Are you in possession of 14 any of the manufacturer manuals that you have 15 discussed in your deposition today? 16 A No. 17 Q Okay. It wasn't one of the mementos 18 that you keep from your service; right? 19 A No. 20 Q Okay. Do you recall -- if I say, if I 21 asked, do you know what raw asbestos is? 22 A Do I know what? 23 Q Do you know what raw asbestos is? 24 A Yeah. It's a mineral. 25 Q Okay. Do you ever recall seeing Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 156 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 157 1 packages or bags of just the asbestos fibers 2 themselves on the ships? 3 A Normally not. 4 Q Okay. What about not normally? 5 A Okay. What I mean by that is, is the 6 insulation would come packaged in plastic 7 packages, but a lot of that stuff was already 8 pre-cut to the right sizes and everything and 9 we didn't have to do anything except to take it 10 out of the bag and put it on. We didn't have 11 to cut it, we didn't have to fit it, we didn't 12 have to cement it or anything like that. 13 Q Would that be true for any insulation 14 that was used on any valves and pumps? 15 A Yes. Yes. 16 Q The same for pumps? 17 A Yes. Yes. 18 Q Do you ever recall or do you know of a 19 practice where you'd have to kind of make up 20 you own insulation and putting the raw fibers 21 into pillow cases and putting -- wrapping those 22 around different pieces of equipment? 23 A I saw it being done. I never had 24 anything to do with that myself. 25 Q Okay. Was it called a particular Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 157 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 158 1 thing, or you just saw people doing it? 2 A Just saw people doing it. 3 Q Do you recall how far away you were 4 from others who were performing that type of 5 work? 6 A The distance of this room. Okay. 7 That's 20 feet. 8 Q All right. 9 A That's 20 feet. 10 Q Do you know the manufacturer of any of 11 the fiber material? 12 A No, I do not. 13 Q Do you recall any of those pillow 14 cases ever becoming ripped? 15 MS. ROUSSEL: 16 Object to the form of the 17 question. 18 THE WITNESS: 19 Huh? 20 MS. ROUSSEL: 21 I'm objecting to the form of the 22 question. 23 THE WITNESS: 24 Okay. 25 EXAMINATION BY MS. ADAMS: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 158 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 159 1 Q Ripped open. Excuse me. 2 A Yes. 3 Q Let me clarify it. 4 A Well, sometimes we had to rip them 5 open to get to do our repairs. And it was 6 generally in cases of urgency when we couldn't 7 just sit back and do "This all fine and dandy" 8 when it had to be done now, rip it out, get it 9 done. 10 Q Okay. 11 A That was rare, but maybe four or five 12 times in the eight years I was in Navy we had 13 those kinds of repair. 14 Q Do you recall on which ships that 15 prac- -- those occurrences occurred? 16 A Mostly on the NOBLE and the SAMUEL N. 17 MOORE. 18 Q Okay. 19 A And the reason it wasn't common on the 20 BAINBRIDGE is because the BAINBRIDGE was a new 21 ship and we weren't having very many 22 maintenance problems compared to the other 23 ships. The other ships were World War II 24 leftovers and a lot of them were seriously beat 25 up during the war. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 159 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 160 1 Q All right. Does the name 2 Johns-Manville mean anything to you? 3 A Yeah. They make insulation. Or they 4 used to, I think. 5 Q Okay. Do you ever recall seeing 6 Johns-Manville material on any of the ships 7 that you served on? 8 A No, ma'am. 9 Q How do you -- How do you -- How did 10 you come to associate the name Johns-Manville 11 with an insulation? 12 A Housing, building insulation. 13 Q Okay. Where did you first see 14 Johns-Manville housing building insulation? 15 A Oh, I have no idea. I think it was -- 16 MS. ROUSSEL: 17 Don't even guess. 18 THE WITNESS: 19 I don't know. 20 EXAMINATION BY MS. ADAMS: 21 Q Have you ever used that material? 22 A Not me personally, no. 23 Q Have you ever been around others who 24 handled the material? 25 A No. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 160 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 161 1 Q Okay. You don't recall where you saw 2 that? 3 A No. 4 Q Okay. 5 A Just Johns-Manville was a very 6 common -- I mean, they used to advertise on 7 television if I remember correctly. It was 8 just a common name for insulation. 9 Q Do you associate that name with 10 asbestos at all? 11 A No. 12 Q Do you know anything about a company 13 called Kaylo? 14 A How would you spell that? 15 Q K-A-Y-L-O. 16 A No. 17 Q Okay. You have never seen that name 18 on any of your ships that you served on? 19 A It doesn't ring a Bell. 20 Q Okay. What, if anything, do you know 21 about a company called Garlock? 22 A Very little. I've heard the name, but 23 that's all. 24 Q Have you ever seen a Garlock gasket on 25 any of your ships? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 161 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 162 1 A I could not honestly say so. 2 Q Okay. What about Flexitallic? 3 A Yes. 4 Q Okay. 5 A Flexitallic, I heard of them. 6 Q Do you recall ever seeing Flexitallic 7 on any of the ships you served on? 8 A Yes. 9 Q Which ships, if you can recall? 10 A All the steamships. 11 Q Okay. Did you use material 12 manufactured by Flexitallic? 13 A I replaced gaskets manufactured by 14 Flexitallic. 15 Q Okay. You installed new Flexitallic 16 gaskets? Is that right? 17 A Yes. 18 Q Is that what you're saying? Did you 19 remove, do you recall removing old Flexitallic 20 gaskets? 21 A Yes. 22 Q Do you recall how many times you did 23 that work? 24 A Probably a couple of dozen times in 25 the eight years I was in the service. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 162 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 163 1 Q Okay. Both -- A couple of dozen times 2 removing -- 3 A And replacing. 4 Q -- and installing? Okay. 5 All right. What about John Crane? 6 A John -- 7 Q He asked you about Crane, but there's 8 another company John Crane. 9 A John Crane does not ring a Bell. 10 Q Okay. Do you recall ever having to 11 use any type of asbestos blanket material while 12 you were in the Navy? 13 A Blanket material? I'm not sure what 14 that implies. 15 Q Did you ever handle any material that 16 looked like a rough kind of -- not rough. Not 17 a baby blanket, in other words. I mean, it's 18 something that would be used to wrap perhaps 19 equipment. 20 A Yeah. 21 Q Do you recall using that type of 22 material? 23 A Yes. Yeah. 24 Q Do you recall on which ships you used 25 it? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 163 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 164 1 A Probably all the steamships. 2 Q Okay. Did you ever have to cut any of 3 that material? 4 A Yeah, you'd have to cut it to fit. 5 Q What would you use to cut it? 6 A Pocketknife. 7 Q Okay. Do you know the brand names or 8 manufacturers of any of that asbestos blanket 9 material? 10 A No, ma'am. 11 Q Do you recall how many times you 12 handled that material? 13 A That would have been quite rare. Six 14 or seven times in my Navy career. 15 Q Okay. Do you recall the color of the 16 blankets? 17 A I believe it was like an off-white. 18 Q Okay. Did you ever have to wear any 19 protective equipment -- 20 A No, ma'am. 21 Q -- while you were in the Navy? 22 A Never. 23 Q You were never offered any? 24 A Never offered any. 25 Q Did you ever ask for any? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 164 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 165 1 A Never asked for any. 2 Q Okay. What was your -- I'm switching 3 gears big time. 4 What was your father's occupation? 5 A My father was an independent insurance 6 salesman. 7 Q Okay. He never worked in any 8 industrial setting, did he? 9 A Nah, never. Uh-uh (negatively). 10 Q Do you have any family members who had 11 any history of cancer, blood relatives? 12 A Yeah. 13 MS. ROUSSEL: 14 Let me object on the basis of 15 relevance. 16 EXAMINATION BY MS. ADAMS: 17 Q Okay. You can answer. 18 A No close relatives. In other words, 19 I've had cousins who have died of bone cancer. 20 I had an uncle who had a brain tumor. 21 Q Has anyone in your family ever been 22 diagnosed with a lung malignancy, a lung 23 disease? 24 A No, no lung disease. 25 Q Have you ever had any type of Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 165 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 166 1 radiologic treatment? 2 MS. ROUSSEL: 3 Object to the form of the 4 question. 5 EXAMINATION BY MS. ADAMS: 6 Q Before your diagnosis with 7 mesothelioma. 8 A Like radiation treatments? 9 Q Yes. 10 A No. Uh-uh (negatively). 11 Q Have you ever been diagnosed with any 12 other forms of cancer? 13 A I had skin cancer once (indicating). 14 Q No prostate cancer or anything? 15 A No, no, nothing like that. 16 Q All right. Can you tell me Dr. 17 Jackson's first name? 18 A Henry. Henry A. Jackson. 19 Q Is he located at East Jefferson? 20 A Yes. 21 Q Does anyone help care for you? 22 A No. Well, not on a regular basis. 23 When I had all of those procedures done, my 24 cousin drove over to Houston and drove me back 25 here and she kept me at her house overnight Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 166 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 167 1 just to be sure that nothing went wrong. The 2 next day I went home and I was fine. 3 Q What's your cousin's name? 4 A Lisette, L-I-S-E-T-T-E, Daigle, 5 D-A-I-G-L-E. 6 Q Does she live in New Orleans also? 7 A No, she lives right up the street 8 (indicating). 9 Q Oh, okay. In Mandeville, 10 Madisonville? 11 A In Mandeville. Yes. 12 Q Mandeville? Other than Lisette, has 13 anyone else helped care for you? 14 A No. 15 Q All right. Now I am going to talk to 16 you about -- going back, talking to you about 17 pumps a little bit. Okay? Can you describe -- 18 You mentioned working on Aurora pumps. 19 A Yes. 20 Q Let's focus in on Aurora pumps. Can 21 you describe the -- Can you tell me the color 22 of the Aurora pumps? 23 A Okay. I cannot be specific about 24 that. I worked on hundreds and hundreds of 25 pumps, and I remember the names of some of the Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 167 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 168 1 manufacturers and -- but I can't say that the 2 Aurora pump was a saltwater pump or an oil pump 3 or anything like that. The specifics, I can't 4 help you with. I can remember seeing the logos 5 on these things. I can remember seeing the 6 manufacturer's plates on these things. But I 7 cannot line up any one manufacturer's type of 8 pump with any specific instance of working on a 9 pump, because I worked on hundreds of them. 10 Q Okay. I know. I have to ask these 11 questions. 12 A That's fine. 13 Q I'll try to move through them as 14 quickly as possible. So you wouldn't be able 15 to tell me the size or the dimensions of any 16 Aurora pumps, can you? 17 A No, not specifically. 18 Q And you can't tell me the weight of an 19 Aurora pump, can you? 20 A No. 21 Q And you certainly be wouldn't to tell 22 me the model or serial number or anything? 23 A No. Absolutely not. 24 Q Can you material me the material an 25 Aurora pump was constructed of? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 168 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 169 1 A The pumps I worked on were either made 2 of brass or steel. 3 Q Okay. But you can't say either way -- 4 A I can't say either way. 5 Q -- for Aurora? 6 A For Aurora. 7 Q And you can't say what the Aurora 8 pumps were used for? 9 A No. 10 Q Can you tell me what the -- You can't 11 tell me what the process was that was going 12 through the Aurora pumps, can you? 13 A No. 14 Q Can you tell me that you have a 15 specific recollection of working on an Aurora 16 pump on the -- I am going to dream about these 17 names tonight -- on the NOBLE? Do you have a 18 specific recollection? 19 A No. 20 Q Do you have a specific recollection -- 21 A On none of the ships do I have a 22 specific recollection of a specific Aurora 23 pump. 24 Q All right. And you can't tell me how 25 many Aurora pumps you worked, can you? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 169 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 170 1 A No, ma'am. 2 Q And you can't tell me the first time 3 or the last time that you worked on an Aurora 4 pump? 5 A No, ma'am. 6 Q As it relates to Aurora, you are 7 unable to offer any testimony that you 8 installed a new Aurora pump; correct? 9 A That is correct. 10 Q Okay. You only did repair work on -- 11 A Mostly repair work. 12 Q Well, when you say "mostly", -- 13 A Well, every once in a while we would 14 install a new pump. But I cannot say I ever 15 installed a new Aurora pump. 16 Q Okay. Fair enough. Thank you. 17 You don't have any personal knowledge 18 that it was Aurora Pump Company who specified 19 that external insulation was to be used on an 20 Aurora pump, do you? 21 A If it was in the manuals, then that's 22 what would have been done. 23 Q But -- 24 A I do not personally have knowledge of 25 that. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 170 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 171 1 Q Okay. And you can't tell me if the 2 Aurora pumps are horizontal pumps or vertical 3 pumps? 4 A No. 5 Q Okay. 6 A No. 7 Q As we sit here today, you can't offer 8 testimony that you have a specific recollection 9 of being exposed to asbestos from an Aurora 10 pump, can you? 11 A No. 12 Q All right. Moving on to -- Excuse me 13 one second -- valves. 14 A Okay. 15 Q Much of my questions are going to be 16 very similar to what I just asked you. 17 As it pertains to Atwood & Morrill, -- 18 A Okay. 19 Q -- okay, you can't tell me any of the 20 ships that you specifically recall working on 21 an Atwood & Morrill valve, can you? 22 A I cannot. 23 Q And you cannot describe the size -- or 24 can you describe the size of any of the Atwood 25 & Morrill valves that you worked? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 171 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 172 1 A No. 2 Q Okay. And you can't describe the 3 color of the Atwood -- I'm just going to call 4 them Atwood to shorten this. 5 A Okay. The thing I know about A&M 6 valves, or the thing that sticks in my mind is 7 their logo was a circle with "A&M", or either 8 "A.M." and it was cast into the -- into the 9 body of the valve. And that -- that is how I 10 recognized that, because I just remember seeing 11 that on those valves. Just like the Crane 12 valve, the same thing, it was cast in the side. 13 Saw it hundreds of times, but I can't say on 14 any specific ship or any specific size. 15 Q Okay. And you can't say what it was 16 constructed of, can you? 17 A No. 18 Q And you can't say a particular color, 19 can you? 20 A No. 21 Q Okay. Do you recall if the emblem 22 that you were just talking about was a 23 different color than the valve body itself? 24 A No, it was just cast straight into the 25 body of the valve. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 172 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 173 1 Q Okay. 2 A The valves, if I remember correctly, 3 were steel. 4 Q Okay. Do you recall -- You can't 5 recall where the Atwood valves were located on 6 any of the ships, can you? 7 A No. Not specifically. 8 Q All right. You can't say how often 9 you had to clean a flange on an Atwood valve, 10 can you? 11 A No. 12 Q And you can't say how often you used 13 wire brushes on an Atwood valve, can you? 14 A No. 15 Q And you can't say how often you used 16 paint scrapers on an Atwood valve, can you? 17 A No. 18 Q And you don't have any personal 19 knowledge about any of the contracts that 20 Atwood & Morrill had with the Navy, do you? 21 A No. 22 Q Okay. And you have never seen any of 23 the mil specs for any of the Atwood valves, 24 have you? 25 A The specifications that I saw were all Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 173 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 174 1 in the repair manuals. 2 Q All in the manuals. Okay. 3 A In the manuals. 4 Q Nothing separate than the manuals? 5 A No. 6 Q Okay. You can't offer specific 7 testimony -- You can't offer any testimony that 8 you have a specific recollection of being 9 exposed to asbestos from an Atwood & Morrill 10 valve, can you? 11 A No. 12 Q Okay. You can't tell me what type of 13 valves the Atwood valves were at all? 14 A (Witness shakes head negatively.) 15 Q Okay. And you can't say how often you 16 removed packing from an Atwood valve, can you? 17 A No. 18 Q And you can't say how long that work 19 would have taken? 20 A Well, it would have taken 15 to 30 21 minutes on any typical valve regardless of the 22 manufacturer. 23 Q Okay. But you don't have a 24 recollection. As you just said, you don't have 25 a recollection of that? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 174 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 175 1 A I do not. 2 Q Okay. And you don't know how often 3 you removed old gaskets from an Atwood valve, 4 do you? 5 A No. 6 Q Okay. I'm sorry, I'm going back to 7 Aurora for just a second. 8 A Pardon me. 9 Q You okay? 10 A Yeah, I'm fine. 11 Q Okay. I'm just about to wrap up. Do 12 you recall -- You don't recall where any of the 13 Aurora pumps were located on any of the ships, 14 do you? 15 A No. 16 Q And do you have any specific 17 recollection about any of the signage or emblem 18 on an Aurora pump? 19 A Specifically, no. I think it was just 20 the manufacturer's brass tag that was, or steel 21 tag that was affixed to the pump itself. 22 Q That's an estimate or a guess? 23 A That's a guess. 24 MS. ADAMS: 25 Okay. All right, sir. I believe Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 175 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 176 1 that that is all the questions that I 2 have for you right now. Thank you for 3 your time. 4 MS. ROUSSEL: 5 Let's go off for a minute. 6 VIDEO OPERATOR: 7 Go off the record. 8 (Recess taken.) 9 VIDEO OPERATOR: 10 We're now back on the record. 11 EXAMINATION BY MR. MELANCON: 12 Q Good afternoon, Mr. Bell. My name is 13 David Melancon. I promise I'll be relatively 14 brief. 15 One of the vessels you worked on in 16 the Navy was the USS NOBLE, APA-28; correct? 17 A 218. Two one eight. 18 Q 218. Okay. Thank you. 19 And that vessel, as I understand it, 20 was a Haskell-class attack transport? 21 A That's correct. 22 Q Did you ever work on any other 23 Haskell-class attack transports while you were 24 in the Navy? 25 A No. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 176 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 177 1 Q And I understand your previous 2 testimony that you were assigned to the USS 3 NOBLE in 1961 and 1962? Is that right? 4 A Yes. 5 Q Were you actually assigned to the USS 6 NOBLE during the Cuban missile crisis? 7 A Yes. We actually went through the 8 Panama Canal. And the idea was, is that if 9 Khrushchev didn't remove the missiles, the 10 Marines were going to go in and take them out. 11 And that was our job. Fortunately, Khrushchev 12 blinked. 13 Q I know that from history, not from 14 personal experience. 15 Where did you do your basic training 16 in the Navy? 17 A At USNTC San Diego. 18 Q And I am not sure if the Navy is just 19 like the Army, but did you have advanced 20 training that you did as well? 21 A Yeah, I went to various service 22 schools. I went to engineman school, engineman 23 A school; I went to machinery repairman A 24 school; I went to nuclear power school. 25 Q Were those at different locations than Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 177 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 178 1 where you did your basic training? 2 A Oh, yes. Oh, yes. 3 Q Where you did you attend those 4 schools? 5 A Okay. Engineman school was in Great 6 Lakes Naval Training Center in Illinois. 7 Machinery repairman A school was in San Diego, 8 right back to boot camp. And the nuclear power 9 school was in Vallejo, California. 10 Q Okay. You mentioned, going back to 11 your work on the vessels, at some point you may 12 have worked on a Gray Machine engine? Is that 13 right? Gray Marine engines? 14 A Gray Marine engines, yes. They were 15 common. 16 Q What vessel was that on that you 17 worked on? 18 A That would have been the NOBLE. 19 Q Any other vessels you worked on that 20 contained Gray Marine engines other than the 21 USS NOBLE? 22 A I believe every vessel I worked on had 23 boats with Gray Marine engines in them, yes. 24 Q Can you explain that? What do you 25 mean, the vessel had boats with Gray Marine Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 178 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 179 1 engines? 2 A Okay. Life boats basically. 3 Q Okay. As far as your actual work on a 4 Gray Marine engine, explain that to me. 5 A Okay. Primarily the maintenance work 6 we did was to -- was to take them out of the 7 boats, to the boat shop and repair them in the 8 boat shop and then put them back in the boats. 9 Q And during your time in the Navy, 10 about how many times did you have an 11 opportunity to work on a Gray Marine engine? 12 A 200. 13 Q And what type of work would you do on 14 the Gray Marine engines? 15 A Everything from changing oil filters 16 to setting the valve lash. I mean, if it was 17 maintenance on a diesel, I did it. 18 Q And do you believe you were exposed to 19 asbestos at any time that you did work on a 20 Gray Marine engine? 21 A Yes. 22 Q Can you explain that to me? 23 A When we'd get the engines, they would 24 come with -- with parts kits, like the gasket 25 kits to hook them up to the muffler, mufflers Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 179 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 180 1 and stuff like that, and so basically that's 2 what we would do, is we'd -- Basically it was 3 connecting them up to those -- to those -- with 4 those gaskets and stuff. 5 Q Okay. Earlier I think you described 6 it as you believe you were exposed to asbestos 7 while making gaskets for exhaust mufflers? 8 A Yes. 9 Q Can you explain that process to me? 10 A Okay. It's just like I have explained 11 many times before. You have a pipe which has a 12 flange, and you stuff the pipe with a rag to 13 keep dirt out of the pipe. Then you get a 14 sheet of asbestos, compressed asbestos, and you 15 put it against the flange and you pound it out 16 with a ball peen hammer to the size you need. 17 And when you are doing that, it's breaking the 18 asbestos fibers into all kinds of dust and 19 stuff. 20 Q Okay. Other than that process of 21 making gaskets for exhaust mufflers, any other 22 times you worked on Gray Marine engines when 23 you believe you were exposed to asbestos? 24 MS. ROUSSEL: 25 Object to the form of the Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 180 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 181 1 question. He said that they came with 2 kits that he to use and he explained 3 the asbestos exposure from that. So I 4 object to the form of your question 5 where you excluded that. 6 MR. MELANCON: 7 All right. Well, I thought he 8 was explaining the kits in connection 9 with gaskets for the exhaust mufflers. 10 MS. ROUSSEL: 11 I think that's two totally 12 separate things, but in any event. 13 EXAMINATION BY MR. MELANCON: 14 Q Can you explain? That's the kit 15 process. Is that something separate from the 16 work -- 17 A If the engine was new, it came with 18 the prefab kit that we used. If the engine was 19 old, then we made the gaskets. That's the 20 difference. That's the difference. 21 Q Okay. And when the engine was new, 22 can you explain the process that was involved 23 as far as making the gaskets or using the 24 gaskets for the exhaust? 25 A Well, you would have to uncrate it. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 181 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 182 1 They generally came on wooden crates, and you 2 would uncrate it and you'd bolt it down and 3 then you'd connect the exhaust muffler to the 4 manifold. 5 Q And when it was old and being 6 replaced, is that the process that you had 7 previous described to me? 8 A Yes. With the exception that we would 9 make the gaskets by pounding them out instead 10 of using the gaskets that came with the engine. 11 Q And when you made the gaskets, was 12 that using that fibrous material you talked 13 about before? 14 A Yeah. The compressed asbestos 15 material. It looks like linoleum. 16 Q And do you know who manufactured -- I 17 think you told us this before, but who 18 manufactured that compressed -- 19 A No. 20 Q No? What about the new gaskets that 21 came; do you know who manufactured those 22 gaskets? 23 A (Witness shakes head negatively.) 24 MS. ROUSSEL: 25 Let me object to form of the Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 182 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 183 1 question. Are you talking about the 2 premade kit, who did that come from? 3 MR. MELANCON: 4 Yes, the gaskets within the 5 premade kit. Yes. 6 MS. ROUSSEL: 7 Like whose name was on the 8 premade kit? 9 MR. MELANCON: 10 No, that's not what I asked. 11 MS. ROUSSEL: 12 Okay. Well, let me just -- 13 EXAMINATION BY MR. MELANCON: 14 Q The gaskets within the premade kit, do 15 you know who manufactured those? 16 A No. 17 Q Okay. Do you know whether or not 18 those gaskets contained asbestos? 19 A Yes. 20 Q How do you know that? 21 A I worked with asbestos for eight 22 years. I am familiar with the stuff from A to 23 Z. 24 Q And what did those gaskets look like, 25 the new ones that came with the kits? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 183 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 184 1 A They were -- Basically they looked 2 like they were made out of the same compressed 3 asbestos as we would hammer them out. Only 4 they were punched out with mechanical 5 precision. 6 Q During any time you were in the Navy, 7 did you ever meet any Gray Marine employees? 8 A Not to my recollection. 9 Q Other than the kits that we talked 10 about, did you ever review any materials from 11 Gray Marine other than what was in those kits? 12 A Did I review material? I mean, 13 reading the manuals, the maintenance manuals? 14 Q Yes. 15 A Yeah. We would have read the 16 maintenance manuals all the time. 17 Q And the maintenance manuals would be 18 from Gray Marine? 19 A Yes. 20 Q Other than the kits and the 21 maintenance manuals, any other materials y'all 22 reviewed from Gray Marine? 23 A No. 24 Q You mentioned the boats that would be 25 on the vessels. And one of them I think was Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 184 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 185 1 the landing craft, but can you describe the 2 different types of boats that would have been 3 on the various vessels you worked on in the 4 Navy? 5 A Okay. On the attack transports, we 6 would have about 24 LCVPs, which were the small 7 boats to land the troops. Then we'd have two 8 large LCMs, which were the larger boats that 9 would land tanks and trucks. And then there 10 was a bunch of assorted boats like the 11 captain's gig and the officers' boat and things 12 like that. 13 Q And did any of the engines on those 14 boats, were any of those engines manufactured 15 by anyone other than Gray Marine? 16 A No. On that ship, to the best of my 17 knowledge, every boat engine was Gray Marine. 18 Q And you're talking about the USS 19 NOBLE? 20 A USS NOBLE, yes. 21 Q What about the other vessels you 22 worked on? 23 A The other vessels, since I did not 24 work in the boat shop in the other vessels, I 25 was not nearly as familiar with what engines Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 185 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 186 1 were in what boats. 2 Q Okay. 3 A So I don't know which were Gray Marine 4 and which were not. 5 Q Generally speaking, what other engines 6 would there have been other than Gray Marine? 7 A Cummins Diesel. 8 Q Do you have any recollection of 9 working on a Cummins Diesel engine during your 10 time in the Navy? 11 A No. I operated them, but I did not do 12 any maintenance on them. 13 Q Okay. And when you say you operated 14 them, can you explain what you mean by that? 15 A I mean start it up and run it. 16 Q Okay. Other than Gray Marine and 17 Cummins Diesel, any other smaller engines on 18 those boats you described that you worked on 19 during the time you were in the Navy? 20 A Caterpillar. 21 Q What type of boats would the 22 Caterpillar engines have been on? 23 A Okay. The Caterpillar engines were on 24 the USS GRAPPLE, ARS-7. 25 Q Okay. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 186 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 187 1 A They were the ship's service 2 generators. And being a diesel ship, it was -- 3 it didn't use the steam generators like the 4 others did. 5 Q Other than Gray Marine, Cummins 6 Diesel, and Caterpillar, any other engines you 7 recall working on during the time you were in 8 the Navy? 9 A No. 10 Q Do you have an idea of what percentage 11 of your time while you were in the Navy you 12 would have spent working on these small engines 13 as compared to all the other work you did? 14 A About 15 to 20 percent of the total 15 eight years I was in the service. 16 Q Okay. So about 15 to 20 percent of 17 your time would have been spent working on 18 these small engines? 19 A Yes. 20 Q And of that percentage, of the 15 to 21 20 percent on the small engines, do you know 22 what percentage of that number you would have 23 worked on Gray Marine as opposed to engines 24 manufactured by some of these other entities? 25 A 80 percent. 80 percent Gray Marine. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 187 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 188 1 Q So 80 percent of the subset of 10 to 2 15 percent of your overall time? 3 A Yes. 4 MR. MELANCON: 5 I think that's all the questions 6 I have. Thank you for your time. 7 EXAMINATION BY MR. EATON: 8 Q Good afternoon, sir. I'm Rocky Eaton. 9 I represent York. 10 Was your work on the NOBLE the only 11 time that you worked upon any York equipment? 12 A No. I worked on York equipment also 13 on the USS GRAPPLE. 14 Q Okay. 15 A However, I had no asbestos exposure on 16 that -- on that particular work. 17 Q Okay. Let's talk about that one real 18 briefly. What did you do on the York equipment 19 on the GRAPPLE? 20 A Painted it. 21 Q Okay. Was it bare metal that you 22 painted? 23 A No. It -- Well, it depended. You 24 know, all of that stuff that's cold is 25 insulated. And so I would be painting the Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 188 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 189 1 insulation. 2 Q Now, the insulation that was around 3 items that were cold, did you notice that 4 insulation to be different than insulation that 5 surrounded hot items? 6 A In a few cases, yes. 7 Q Is that because it had to soak up 8 condensate? 9 A I had no idea what the difference was. 10 Q Okay. 11 A Or why it was different. 12 Q Did you notice condensation or 13 sweating coming from York equipment? 14 A Yes, but very little. Usually -- 15 Usually it was just a thin frosting of frost. 16 Q And that was caused by the cold water 17 you told us about? 18 A Okay. That was caused by, you know, 19 the refrigerant, when it flashes into a vapor 20 is when it gets cold. 21 Q Right. 22 A And that, at that point, the equipment 23 would be frosty. 24 Q Okay. Going back to the NOBLE, is it 25 the only time you worked on York equipment is Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 189 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 190 1 when you changed out that valve you told us 2 about? 3 A Yeah. But I did that more than once. 4 Q You did that more than once on the 5 NOBLE? 6 A Yes, on the NOBLE. Those -- Those -- 7 A lot of that stuff was -- was seawater-cooled 8 and it was a lot -- prone to corrosion and we 9 were forever fighting corrosion and changing 10 out those valves. 11 Q Do you know how many times that you 12 did it on the NOBLE? 13 A Lots. 14 Q But you were on the NOBLE for about a 15 year and a half? 16 A Yes, roughly. 17 Q Do you think you did it more than 18 three times? 19 MS. ROUSSEL: 20 Object to the form. He said 21 lots. 22 THE WITNESS: 23 Well, -- 24 MS. ROUSSEL: 25 Many times. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 190 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 191 1 THE WITNESS: 2 Okay. I -- I -- How many is 3 "lots"? A dozen, two dozen. 4 EXAMINATION BY MR. EATON: 5 Q Did you ever look at the manuals for 6 the York that you have described? 7 A Oh, yeah. Oh, yeah. 8 Q Do you know that those manuals, 9 whether they called for asbestos insulation on 10 the exterior of the York equipment or not? 11 A Not specifically, no. 12 Q Okay. And when the York equipment was 13 installed on the NOBLE, do you know whether the 14 manufacturer required that insulation be 15 installed on the exterior of the York 16 equipment? 17 A I think it had to be. I don't think 18 the equipment would work without insulation. 19 Q And do you know that that insulation 20 contained asbestos? 21 A I know that on some of those valves I 22 worked on that was asbestos. 23 Q So there were different materials 24 traveling through the valves depending on where 25 you were working on the equipment. Is that Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 191 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 192 1 correct? 2 A Well, some of the pipes had 3 refrigerant. 4 Q Right. 5 A And some of the pipes had saltwater 6 cooling. 7 Q Okay. So you were either working -- 8 you worked on valves where those two items 9 flowed through, only those two items. Is that 10 right? 11 A Yes. 12 Q Okay. How big was the York equipment 13 on the NOBLE? 14 A It was -- It was spread out. They 15 would have the huge refrigerator rooms 16 themselves and then the refrigerated equipment 17 would be outside of the freezers and there 18 would be like massive amounts, like would cover 19 this whole room, and you'd just be walking 20 between the equipment and fixing it. 21 Q Okay. Where on the ship was this 22 equipment located? 23 A It was adjacent to the engine room. 24 Q Was your work on the York equipment 25 hands-on, or were you around others who were Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 192 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 193 1 working on it? 2 A Both. 3 Q And the others that you were working 4 around or near, were they the same 5 classification as you? 6 A Yes. 7 Q And they were essentially doing the 8 same kind of jobs that you did? 9 A Yes. 10 Q Can you tell us who those other folks 11 would have been, if you recall? 12 A You asking for their names? 13 Q Yes. If you recall. 14 A No, I don't recall any of their names. 15 Q Okay. Do you recall the model number 16 of any of the York equipment at the time aboard 17 the NOBLE? 18 A No. No. Don't know the serial 19 numbers. 20 Q Was all of your work, when we're 21 talking about changing out valves on the NOBLE, 22 was all that work done at sea? 23 A Most of it. 24 Q When you're in port, do you know where 25 you were? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 193 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 194 1 A Now that I think about it, I think all 2 the York work I did was at sea. I don't think 3 I did any in port. 4 Q Did you ever meet or talk with any 5 York representatives -- 6 A No. 7 Q -- or employees of York? 8 A No. 9 Q Now, did you only perform repair of 10 York equipment, or did you do tear-outs and 11 installs on York equipment or -- 12 A Strictly repair. 13 Q So you were repairing valves instead 14 of tearing out the valve and replacing the 15 valve? 16 A Yes. 17 Q Do you know what brand of valves would 18 have been used on that York equipment? 19 A (Witness shakes head negatively.) 20 Q Is that a "no"? 21 A That's a "no". I'm sorry. I 22 apologize. That's a "no". 23 Q I'm scratching off questions. 24 MS. ROUSSEL: 25 Thank you. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 194 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 195 1 EXAMINATION BY MR. EATON: 2 Q We talked about the two substances 3 that would be flowing through the valves, and 4 it was seawater or refrigerant. Can you tell 5 me the size of the pipes leading up to the 6 valves that you would repair the valves? 7 A Oh, regular three-quarter inch pipe. 8 Q Always? 9 A The saltwater was like three-quarter 10 inch valves, all of them. 11 Q Okay. And then the refrigerant, would 12 that have been a smaller line? 13 A The refrigerant was a smaller line if 14 I remember correctly, yes. 15 Q Do you recall the size of that? 16 A Probably half-inch, quarter-inch. And 17 I believe it was copper. 18 Q Do you recall York manuals in the 19 ship's library there on the NOBLE? 20 A Yes. Yes. Yes. 21 Q How long did it take you to change a 22 valve on this equipment? 23 A For an expansion valve, I don't know, 24 20 minutes. Because the thing is, is you would 25 have to reroute to make sure that you didn't Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 195 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 196 1 leave any of these freezers uncontrolled. So 2 you'd to reroute different ways for the 3 refrigerant to go before you could take one 4 down and take it out. 5 Q Got you. The insulation that was on 6 the exterior of that York equipment, do you 7 recall its color? 8 A Okay. There were -- There were two 9 types. One was black and the other was just 10 plain old ordinary asbestos gray, you know, 11 off-white. 12 Q So can you tell us when the black 13 would have been -- when you noticed the black 14 being used or what it may have been next to do 15 as opposed the other gray insulation? 16 A The black was mostly insulation for 17 the refrigerant lines. And the other was for 18 the water lines. 19 Q But the water flowing through those 20 water lines would have only been seawater; is 21 that correct? 22 A Yes. 23 Q And you don't know the manufacturer of 24 that insulation; correct? 25 A No, sir. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 196 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 197 1 MR. EATON: 2 I'll pass the witness at this 3 time. 4 EXAMINATION BY MR. STOUT: 5 Q Getting to be the home stretch. 6 Mr. Bell, my name is Wendel Stout and 7 I think that each of us should get a little bit 8 shorter as we go because the questions have 9 already been asked a lot. 10 Am I correct in my understanding that 11 you're not aware of your having any asbestos 12 exposure in the state of Louisiana? 13 A None that I know of. 14 Q Okay. And that the only asbestos 15 exposure that you're aware of or that you 16 believe you sustained occurred aboard the four 17 Naval vessels that we have been discussing 18 today? 19 MS. ROUSSEL: 20 Object to the form of the 21 question. 22 EXAMINATION BY MR. STOUT: 23 Q And the Idaho facility? 24 A Yes. 25 Q Okay. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 197 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 198 1 A Yes. 2 Q And am I also correct in my 3 understanding that you haven't been employed 4 for wages since your retirement and leave to 5 help your parents in 1994? 6 A That's correct. 7 MR. STOUT: 8 And so, Gerolyn, am I correct 9 that there is no wage loss claim being 10 made? 11 MS. ROUSSEL: 12 We will have an economist discuss 13 that issue. It's a wage earning 14 capacity. 15 MR. STOUT: 16 Okay. Then I will have to go 17 into a little bit of detail. 18 EXAMINATION BY MR. STOUT: 19 Q What are your current sources of 20 income? 21 A Social Security and my pension from 22 the LSU system. 23 Q Okay. And have those been your only 24 sources of income -- 25 A Since my retirement, yes. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 198 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 199 1 MS. ROUSSEL: 2 And also let me object, 3 collateral source, and make it 4 continuing. 5 EXAMINATION BY MR. STOUT: 6 Q Is anyone -- I believe we already I 7 think established that you have never been 8 married and have no children. Is anyone 9 dependent upon you for support, financial 10 support? 11 A No. 12 Q Your brother, John, Jr., was he living 13 in your parents' home in '72 when you returned 14 home? 15 A Yes. Yes. 16 Q What did John do for a living, your 17 brother John do for a living? 18 A He was a bowling alley mechanic. 19 Q Any reason to believe that John's work 20 might have brought him into contact with 21 asbestos? 22 A Not that I know of. 23 Q Have you talked to him about the fact 24 that you might have an asbestos-related 25 disease? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 199 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 200 1 A Well, he knows full well what I have. 2 Q Okay. Did your mother work outside of 3 the home? 4 A She worked for the Louisiana Welfare 5 Department. 6 Q You were asked by one of the other 7 attorneys about some product names. Does the 8 name "Unibestos" sound familiar to you? 9 A Vaguely, but -- (Witness shakes head 10 negatively.) 11 Q Unibestos is a type of Naval-approved 12 insulation material. You can't make any 13 association -- 14 A No associations with anything I did. 15 Q Okay. You were also asked at some 16 point about different Naval documents or 17 materials that you might still have at home. 18 Did you ever get any cruise books for your at 19 least four cruises? 20 A No. No. 21 Q Did you have a favorite brand or make 22 of cigarette when you were smoking? 23 A Pall Mall. 24 Q Did you ever smoke Kent cigarettes? 25 A Nah. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 200 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 201 1 Q In the last, say, ten years of your 2 life, have you ever been in any hospitals or 3 clinics? I think we have talked about East 4 Jeff, M.D. Anderson, and perhaps Baylor. Any 5 other institutions you might have been treated 6 or examined in? 7 A No, no. 8 Q Okay. Pretty much all of your medical 9 care locally would be East Jeff? 10 A All of my medical care would -- almost 11 all of it for the last 40 years has been East 12 Jefferson General Hospital because I live right 13 around the corner from the place. 14 Q Right. Okay. Is there any particular 15 reason why you left the service after eight 16 years? 17 A Yes. I decided that the service was 18 not going to be a lifelong thing with me. I 19 decided that I needed to go to college and get 20 a degree and see if I could do better than 21 being in the service. 22 Q Okay. At one point you were asked if 23 you -- several times you were asked if you 24 could estimate the percentage of your repair 25 work time that was spent at different tasks, Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 201 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 202 1 and I think you said it may be 25 percent or so 2 on pumps, 15 to 20 or so on small auxiliary 3 boat engines. How about for valves? 4 A Valves? Valves were like the bulk of 5 what we -- what we had to repair all the time. 6 Because there are thousands and thousands and 7 thousands of valves on ships. And on a ship, 8 some valve is broken all the time and needs 9 repair. So repairing valves was probably the 10 bulk of the time that I spent doing mechanical 11 things. 12 Q I want to ask you some specific 13 questions about specific vessels and I'll try 14 and be logical and go in chronological order, 15 so we'll start with the NOBLE. And when you 16 were assigned to the NOBLE, was it -- I think 17 what you said, it was home ported in San Diego. 18 A Yes. 19 Q Were you ever in shipyard repair while 20 you were aboard the NOBLE? 21 A Yes. 22 Q Which shipyard? 23 A A couple of them. The one I remember 24 for sure is Willamette Shipyard in Oregon. I 25 think it's right -- Willamette is right outside Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 202 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 203 1 of Portland, Oregon, I believe. 2 Q Do you remember the nature of the 3 repair? 4 A It was basically to fix everything 5 that was broken before we went on the next 6 overseas tour. 7 Q Okay. Was it put in drydock? 8 A Briefly, yes. 9 Q When it was in drydock, did you stay 10 aboard? 11 A Yes. 12 Q And so I don't have to ask that same 13 question every time, am I correct in my 14 understanding that even when your ship was in 15 the shipyard, you lived in the living quarters 16 aboard the ship? 17 A 99 percent of the time, yes. 18 Q And an occasional night out type of 19 thing, but basically you were a ship -- 20 A Occasionally the ship would be so shut 21 down, they would have to move us to barracks 22 ashore for a night or two before they could 23 restore the electricity to the ship, things 24 like that. 25 Q Do you believe that the Willamette Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 203 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 204 1 Shipyard workers -- And that's a private 2 shipyard; right? Correct? 3 A I presume so, yes. 4 Q It wasn't a Naval shipyard? 5 A Okay. And even like the Naval 6 shipyards, the Long Beach Naval Shipyard, I 7 don't think the Navy ran those. The Navy hired 8 contractors to run those, those shipyards. So 9 the fact that it has "Naval Shipyard" in its 10 name does not imply that the Navy was running 11 the shipyard. 12 Q Okay. Thank you. The Willamette 13 Shipyard, do you believe that the work that the 14 Willamette Shipyard workers did created 15 asbestos in the atmosphere that you breathed? 16 A No. 17 Q Okay. Did you do any work while you 18 were in the Willamette Shipyard that you 19 believe created any asbestos dust that you 20 breathed? 21 A Yes. 22 Q And what did you do? 23 A We were repairing and swapping out 24 diesel engines on the boats that needed the 25 most repair. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 204 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 205 1 Q Any other shipyards that the NOBLE was 2 on? 3 A I believe the NOBLE went in the 4 shipyard in Subic Bay, Philippines. 5 Q On the Olongapo River? 6 A Huh? 7 Q On the Olongapo River? 8 A Okay. We would go to Olongapo for 9 liberty, but I don't know that the shipyard was 10 on the river. It was just on the bay. Subic 11 Bay is a huge bay. Okay. And then -- 12 Q Well, let's talk that one first. What 13 was being done on the ship in Subic? 14 A Just general repairs. 15 Q Do you believe that the shipyard 16 workers did anything that created asbestos dust 17 that you -- released into the atmosphere that 18 you would have breathed? 19 A Not on that occasion. 20 Q Did you do any repairs -- 21 A Yes. 22 Q -- on the ship -- 23 A Yes. 24 Q -- while it was in Subic Bay? 25 A Yes. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 205 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 206 1 Q And what did you do on the ship? 2 A Repacking valves basically. 3 Q Okay. Any other shipyards that you 4 can recall being in while aboard the NOBLE? 5 A We went to San Francisco, but I don't 6 know which yard. There's a whole bunch of 7 yards on San Francisco Bay and I don't know 8 which one we went to. 9 Q Do you remember any particular reason 10 for that shipyard visit? 11 A No. 12 Q Okay. Do you recall any work that you 13 would have done while in that shipyard that 14 would have created asbestos exposure? 15 A Just on the diesels. Swapping diesels 16 out of the boats. 17 Q What was your rate when you were on 18 the NOBLE? 19 A Okay. I started off as a fireman 20 apprentice and I left the ship as an engineman 21 petty officer third class. 22 Q Did you take the engineman petty 23 officer third test while aboard the ship? 24 A Yes, uh-huh (affirmatively). 25 Q Did you study the manual for the -- Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 206 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 207 1 A Yes. 2 Q Okay. Were you generally familiar 3 with the contents of the manual for the 4 engineman petty officer third class? 5 A Yeah. 6 Q Did you also have a manual for 7 fireman? 8 A Yes. 9 Q Did you study that manual in order -- 10 A Yes. 11 Q -- to become a fireman? 12 A Yes. 13 Q And were you generally familiar with 14 the contents of the fireman manual? 15 A Yes, sir. 16 Q Okay. Your next ship was the GRAPPLE? 17 A Yes. 18 Q That was the salvage ship, I believe? 19 A Rescue and salvage, yes. 20 Q And that was home ported in Pearl 21 Harbor? 22 A Yes. 23 Q Did you go to any shipyards when you 24 were on the GRAPPLE? 25 A Just there in Pearl. There was not Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 207 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 208 1 any major overhauls like on the other ships. 2 Q Were you still an engineman petty 3 officer third class when you arrived on the 4 GRAPPLE? 5 A No. When I arrived on the GRAPPLE I 6 was a machinery repairman petty officer third 7 class. 8 Q Did you go to any schools between the 9 NOBLE and the GRAPPLE? 10 A Yes. I went to machinery repairman A 11 school. 12 Q Okay. And was that the one in San 13 Diego? 14 A Yes. 15 Q Did you have a course book for that? 16 A Well, the -- No. Basically that 17 course -- That course was hands-on instruction 18 by instructors, you know. How to run a lathe, 19 how to run a mill, how to run a drill press, 20 and there was very little text for that stuff. 21 It was -- There was good old -- good old boys 22 saying "Here's how you do it." 23 Q Hands-on? 24 A Hands-on. 25 Q Okay. Did you work with any materials Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 208 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 209 1 that contained asbestos at this engine A 2 school? 3 A No, not -- There was 4 asbestos-insulated equipment there, but we were 5 not repairing it, we weren't ripping it open. 6 It wasn't causing a problem. 7 Q The engineman school in Great Lakes, 8 when did you go to that one? 9 A That would have been in 1960 after I 10 graduated from boot camp. 11 Q Before you went to the NOBLE? 12 A Before I went to the NOBLE. 13 Q Did that school teach you small engine 14 repair? 15 A Yes. 16 Q Did you do hands-on work? 17 A Yes. 18 Q Did you do things such as changing out 19 or replacing the muffler gasket? 20 A No. Nothing that -- There was nothing 21 at engineman A school that would have any 22 asbestos exposure to me. 23 Q Okay. And there was a course book for 24 engineman A school? 25 A Oh, yes. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 209 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 210 1 Q And you were familiar with the 2 contents of that book? 3 A Yes. 4 Q Okay. We're on the GRAPPLE. You 5 arrive as a machinery repairman petty officer 6 third. What did you leave as? 7 A Machinery repairman petty officer 8 second class. 9 Q Okay. And did you -- Was the ship in 10 any shipyards when you were on the GRAPPLE? 11 A Just there in Pearl. And it was just 12 minor stuff. 13 Q The next ship is the BAINBRIDGE? 14 A Yes. 15 Q And you're still a machinery repair 16 petty officer third -- or second? 17 A No. At that time I was a machinist's 18 mate petty officer second class, because they 19 changed my rating when I graduated from nuclear 20 power school. 21 Q Okay. And the BAINBRIDGE is home 22 ported in Long Beach. 23 A Yes. 24 Q Were you in any shipyards? 25 A Yes, Long Beach Naval shipyard. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 210 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 211 1 Q Did you ever go to the Todd in San 2 Pedro? 3 A No. 4 Q Any other shipyards other than the 5 Long Beach Naval shipyard? 6 A Not on the BAINBRIDGE, no. 7 Q And then finally the SAMUEL MOORE, 8 you're still a machinist's mate second? 9 A Yes. 10 Q And that's what you mustered out as, a 11 machinist's mate second? 12 A Yes. 13 Q And were you in any shipyards on the 14 SAMUEL MOORE? 15 A Yes. Long Beach Naval shipyard and we 16 also stopped at a shipyard in Yokosuka, Japan. 17 Yokosuka, Y-O-K-O-S-U-K-A, Japan. 18 Q Was the PMS maintenance system in 19 place when you were -- by the time you were 20 almost out of the service? Are you familiar 21 with the PMS? 22 A That -- No, that does not ring a Bell. 23 Q Okay. 24 A We had something called Comprehensive 25 Ships Maintenance Program is -- is I believe Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 211 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 212 1 the official name of what we had. 2 Q The PMS system actually has like a 3 little card and it tells you what you need to 4 do and -- 5 A They were just inventing that system 6 when I was getting out of the service. 7 Q For instance, if you had to replace 8 packing on a valve or -- 9 MS. ROUSSEL: 10 Let me object to the form of the 11 question. He said it wasn't used when 12 he was there. It's irrelevant, and I 13 am going to make it continuing. 14 MR. STOUT: 15 I wanted to ask him about -- 16 EXAMINATION BY MR. STOUT: 17 Q Tell me about the system that they had 18 just put in for you. 19 A They -- At the time it was just a 20 prototype system. It wasn't a working deal. 21 And so they -- they were going to computerize 22 everything and everything was going to be 23 perfect on the computers. Well, of course, it 24 didn't work out that way. And I had so little 25 experience with that system that I really can't Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 212 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 213 1 say much about it. 2 Q Okay. Let me -- I represent 3 Cooper-Bessemer -- 4 A Uh-huh (affirmatively). 5 Q -- interests, and as I understand, 6 your experience with Cooper-Bessemer would have 7 been on the GRAPPLE? 8 A Yes. 9 Q Okay. Were they the main propulsion 10 engines? 11 A Yes. 12 Q How many of them were there? 13 A There were four. Cooper-Bessemer 14 GSB-8 engines. 15 Q Two per shaft? 16 A Well, no. Each one of those drove an 17 electrical generator, and then the -- the 18 generator supplied electricity to another room 19 where the motors were two per shaft. 20 Q Okay. Were all four in the same room? 21 A Yes. 22 Q Do you know if they were original to 23 the ship? 24 A I believe so. 25 Q And I understand the ship was a World Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 213 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 214 1 War II vintage -- 2 A Yes. 3 Q -- vessel? 4 A Yes. 5 Q What did they burn? 6 A Diesel fuel. 7 Q Any particular grade, or just regular 8 diesel? 9 A It was just diesel fuel in those days. 10 I understand about the time I was getting out 11 of the service they wanted to switch to jet 12 fuel to have -- not to have so many different 13 inventories of fuels, but when I was on it, it 14 was strictly diesel fuel. 15 Q What actual -- Well, first of all, did 16 you work on all four of the engines or just one 17 or more? 18 A All four. 19 Q And can you tell me what different 20 types of jobs you would have performed yourself 21 on the engines? 22 A Okay. My job as a machinery repairman 23 was to use micrometers to measure parts to see 24 that they remained within the manufacturer's 25 specifications. For instance, the cylinder Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 214 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 215 1 liners on those big diesel engines, they wear 2 out of round. They get egg-shaped. And if the 3 distance fore and aft is so many thousandths of 4 an inch greater than the distance side the 5 side, then you have to replace the cylinder 6 liner. My job was to measure those -- was to 7 measure all of those parts to determine if they 8 remained in spec or if they had to be replaced. 9 Q What parts would you measure 10 specifically other than the cylinder liners? 11 A Basically it was the cylinder liners. 12 I would measure things like journal bearings 13 and stuff, too. 14 Q The cylinder liners that you would 15 measure, were they removed from the engine or 16 were they -- 17 A No, they were still in the engine when 18 I measured them. 19 Q Whose job was it to open up the engine 20 to give you access to the cylinder liners? 21 A The enginemen in the engine room. 22 Q Am I correct that the work you 23 yourself did did not involve the manipulation 24 or removal of any asbestos-containing product? 25 A Correct. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 215 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 216 1 Q What product or material had to be 2 disturbed that contained asbestos on the 3 engines that you believe may have caused you to 4 become exposed? 5 A Okay. On those big diesels, they 6 overhauled them one cylinder at a time. They 7 don't overhaul the whole diesel. So they would 8 open up a cylinder and I would go in there and 9 be measuring and they would say, "Well, gee, we 10 got another six hours to go. Why don't we just 11 do number 3 cylinder." So they would have to 12 take off the insulation off of number 3 13 cylinder and then remove the cylinder head and 14 then remove the pistons and such so that I 15 could measure that one, too. And so basically 16 I would be down inside the diesels -- those 17 diesels were big enough, you could almost just 18 stand up in them -- measuring and then, of 19 course, they would be working on the cylinder 20 head next to me and stuff would be falling 21 down. You could see it in the air. 22 Q Okay. 23 VIDEO OPERATOR: 24 Excuse me. I need to change 25 disks. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 216 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 217 1 MR. STOUT: 2 Okay. 3 VIDEO OPERATOR: 4 The end of disk 4. We're now 5 going off the record. 6 (Whereupon a discussion was held off 7 the record.) 8 THE WITNESS: 9 The pain never stops. The pain 10 never stops. 11 MR. CAMPBELL: 12 Would you like some water? 13 THE WITNESS: 14 No, I'm doing fine. I'm doing 15 fine. 16 VIDEO OPERATOR: 17 This is the beginning of disk 5. 18 We're back on the record. 19 EXAMINATION BY MR. STOUT: 20 Q Before we changed the tape, I wanted 21 to ask you, as I understand it, it's the engine 22 insulation that was disturbed by the enginemen 23 accessing the engine while you were mic'ing the 24 -- 25 A Adjacent cylinder. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 217 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 218 1 Q -- cylinder, adjacent cylinder. How 2 long does it take to -- 3 MS. ROUSSEL: 4 Well, let me object to the form 5 of the question and the 6 mischaracterization. 7 MR. STOUT: 8 Okay. 9 EXAMINATION BY MR. STOUT: 10 Q How long does it take to gauge or mic 11 a cylinder liner? 12 A It can take a good quarter hour 13 because you have to measure it at the top, you 14 have to measure it at the middle, you have to 15 measure it at the bottom. And it's just like 16 carpentry; you want to measure twice and cut 17 once, so you go back and you do it again. And 18 then the chief petty officer will say, "Well, 19 Wait. This isn't the same numbers you got last 20 time." So you do it a third time until you get 21 enough agreement that this thing is either in 22 spec or out of spec. 23 Q And that's a pretty important 24 measurement to take? 25 A Yes. Because if the cylinder is Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 218 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 219 1 egg-shaped, you're losing a lot of your 2 efficiency because it's blowing by the 3 cylinder, past the cylinder into the crankcase, 4 and it's just wasting fuel. 5 Q Losing compression. 6 A Yes. 7 Q Okay. So since it's so important, I 8 think you mentioned that the chief would 9 actually be looking over your shoulder a lot of 10 the time? 11 A A lot of the time, yes. 12 Q And if the chief, who's -- the chief's 13 responsibility is to make sure the work is done 14 correctly; right? 15 A Yes. 16 MS. ROUSSEL: 17 Object to the form of the 18 question. 19 EXAMINATION BY MR. STOUT: 20 Q And the chief's job is also to make 21 sure it's done safely? 22 MS. ROUSSEL: 23 Object to the form of the 24 question. 25 You can answer. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 219 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 220 1 THE WITNESS: 2 Do you want me to answer the 3 question? 4 MS. ROUSSEL: 5 Yes, you can answer. 6 THE WITNESS: 7 Yes. Yes. Yes. 8 EXAMINATION BY MR. STOUT: 9 Q Now, is there anything other than the 10 insulation on the engine that you believe was 11 in any way connected with Cooper-Bessemer that 12 may have caused you to become exposed to 13 asbestos? 14 A No, sir. 15 Q I'm a little confused in my own mind. 16 And I am not familiar with the GSB-8 engine. 17 Did it have -- Were the cylinders stand up 18 and -- 19 A It was an in-line engine, eight 20 straight cylinders in line. The cylinders were 21 about the size of waste paper baskets. 22 Q And they were individually in line 23 where you could see the outlines of the 24 cylinders? 25 A Yes. Yes. (Indicating). Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 220 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 221 1 Q And was the insulation on the 2 cylinder, can you describe, was it -- Describe 3 the insulation. 4 A Okay. It was just basically a blanket 5 that would cover the cylinder head 6 (indicating). 7 Q And was it kind of like laced with 8 wire to keep it on? 9 A That's how you kept -- That's how you 10 kept that stuff on, yes. 11 Q So they would unlace it to take it 12 off? 13 A Yeah. And then you would have to pull 14 it open (indicating) to get it, because it 15 would like actually wrap around and you would 16 have to pull it open to get it off. 17 Q Do you have any indication or 18 knowledge of the age of the blankets that were 19 on these engines? 20 A No. 21 Q Can you describe the outside look of 22 the material that comprises this blanket 23 insulation? 24 A Well, by the time I got to work on the 25 ship, they had painted it with many layers of Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 221 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 222 1 paint. 2 Q It didn't move? 3 A And so it was -- it was just smooth 4 and white. 5 Q Was there any kind of -- I know some 6 of the equipment will have riveted little tags 7 or labels. Did this blanket, laced on blanket 8 insulation for the cylinders, have any kind of 9 attached tags or -- 10 A No. 11 Q -- badges or anything? 12 A No. No. It was just straight generic 13 asbestos. 14 Q Can you estimate for me about how many 15 times you might have used a micrometer to gauge 16 one of these cylinder liners? 17 A For all the engines? For the -- For 18 the time that I was on there? At least 12 to 19 13 cylinders we did. 20 Q Okay. And did you do some of them -- 21 On some days did you do more than one of these 22 jobs? 23 A Yeah. Occasionally, yes. 24 Q So from that, it would be less than 13 25 days performing this type of task? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 222 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 223 1 A Grand total, yes. 2 Q And that wouldn't be an entire day 3 job; it would just be one of the many jobs you 4 did that day? 5 A Just -- That's correct. 6 Q Do you recall the names of any of your 7 shipmates on the GRAPPLE? 8 A There was a petty officer, engineman 9 petty officer named Barbo, B-A-R-B-O, and I 10 remember him because he was from Louisiana. 11 Q Do you remember what town? 12 A No. I have no idea. 13 Q Did you ever meet or see any 14 Cooper-Bessemer employees while performing 15 these tasks? 16 A No, sir. 17 Q And were these done at sea or were 18 they done in port? 19 A In port. 20 Q Would they have been done in your home 21 port or overseas? 22 A They -- Okay. They were done in Pearl 23 Harbor. 24 Q In Pearl? 25 A But we didn't have to go to a shipyard Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 223 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 224 1 for that. We could just be at a regular pier; 2 and if we had no orders to go to sea, they 3 would say, "Okay, quick, do number 4 cylinder 4 on number 3 engine." 5 Q At least on the three steam-driven 6 vessels that you worked on, would I be correct 7 in assuming you had insulated steam pipe 8 running through your berthing quarters? 9 MS. ROUSSEL: 10 Object to the form of the 11 question and already asked and 12 answered. 13 THE WITNESS: 14 Yes. 15 EXAMINATION BY MR. STOUT: 16 Q On the three steam-driven vessels that 17 you were assigned to, would I be correct that 18 there were insulated steam lines running 19 through the galley? 20 A Yes. 21 Q And for those that may not know what a 22 galley is, that's where you eat? 23 A Cook the food. 24 Q Cook food and you eat, mess hall type 25 thing? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 224 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 225 1 A Okay. The galley is where you cook 2 the food. The mess hall is where you eat it. 3 Q And did both of them have insulated 4 steam lines running through them? 5 A Don't know about the mess hall. The 6 galley for certain. 7 Q Okay. 8 A But not the mess hall. 9 Q And you would know that because you 10 did equipment repair work in the galleys? 11 A Well, you walk past the galley to get 12 served and you could see it, I mean. You know, 13 it's right there. 14 Q All right. 15 A But, you see, that equipment like -- 16 like in the galleys, we weren't doing repairs 17 on that stuff because that stuff didn't have 18 moving parts or didn't wear out, you know. And 19 so it's just like the steam pipes in the 20 berthing compartments; we never repaired those 21 things. They were there for years and years 22 and years. So in other words, there was no 23 asbestos exposure in the berthing compartments 24 or the galley or the mess decks that I -- that 25 I could see. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 225 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 226 1 MR. STOUT: 2 Thank you very much, sir. 3 I tender the witness. 4 EXAMINATION BY MS. PUENTE: 5 Q Sir, -- 6 A Can you hold up for two or three 7 minutes? 8 Q Yes. 9 A I'll getting really fatigued here. 10 Q Okay. 11 A You see, I'm working on the one lung. 12 VIDEO OPERATOR: 13 Off the record. 14 MS. ROUSSEL: 15 No, not off the record. 16 THE WITNESS: 17 Every once in a while -- Every 18 once in a while I just run short of 19 oxygen and I feel faint. 20 EXAMINATION BY MS. PUENTE: 21 Q Would you like to take a break? 22 A No. 23 MR. MITCHELL: 24 You want some water? 25 THE WITNESS: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 226 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 227 1 If you give me -- give me five 2 more breaths, I'll be able to do this. 3 EXAMINATION BY MS. PUENTE: 4 Q Okay. 5 A I don't want to hold this up any more 6 than y'all want to be held up. 7 Q No, it's okay. We can take a break 8 whenever you want to take a break. 9 A Okay. Let's go. 10 Q Okay. Thank you, sir. My name is 11 Magali Puente and I represent some pump 12 Defendants also, so I am going to have some of 13 the follow-up questions that we already had, 14 and I apologize if they're redundant, but 15 there's a lot of specific questions about my 16 client -- clients. 17 But before I start, correct if I am 18 wrong. Outside of the occasional installation 19 of a new pump, your pump work was limited to 20 removal and replacement of the wearing rings 21 and removal and replacement of packing; is that 22 correct? 23 MS. ROUSSEL: 24 Object to the form of the 25 question. Misstates the witness' Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 227 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 228 1 prior testimony. 2 You can answer the question. 3 THE WITNESS: 4 Yes. 5 EXAMINATION BY MS. PUENTE: 6 Q That's correct? 7 A Yes. 8 Q That's the work that you did on pumps? 9 A Basically that's what we did on the 10 pumps. 11 Q Okay. Can you tell me what percentage 12 of your work on a pump was the removal and 13 replacement of the wearing rings? 14 A Was about 50 percent of all the work 15 on the pumps. Repacking them was the other 16 50 percent. 17 Q Can you describe how you removed the 18 packing on the pumps? 19 A Well, different pumps have different 20 ways of doing it. On a lot of pumps, the 21 packing gland on those pumps, you could unbolt 22 and just open it and pull the packing right 23 out, poof. In other words, you had to go in 24 like valves and you had to kind of try and pry 25 it out. So it depended upon the particular Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 228 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 229 1 model of the pump as to -- as to how you would 2 do that. 3 Q Can you tell me which pumps you 4 removed the packing which way? 5 A No. Not specifically. Here's the 6 deal. I remember these pump companies' names 7 because I saw those names over and over and 8 over and over again. I cannot say on this 9 particular ship it was that particular brand 10 pump. But believe me, I was working on those 11 pumps pretty much continuously, so -- for the 12 eight years I was in the Navy. So the problem 13 is, you asking me questions that are more 14 specific than I can answer, but in general I 15 guarantee you I was working on those pumps a 16 lot of the time. 17 Q Okay. I'll object to the 18 non-responsive portion of the answer. 19 MS. ADAMS: 20 Join. 21 EXAMINATION BY MS. PUENTE: 22 Q Sir, can you tell me about how long it 23 took you to remove the packing from a pump? 24 A Oh, it would take about 20 minutes. 25 To replace it entirely. Remove the old stuff Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 229 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 230 1 and put the new stuff in. 2 Q Now, did you know the maintenance 3 history on the pumps that you removed the 4 packing from? 5 A No. May I clarify my answer? 6 Q Absolutely. 7 A I might know the recent repair 8 history, like for the past year, but I don't 9 know for the lifetime of the pump. 10 Q Okay. So you don't know if the 11 packing that you had removed from the pump, if 12 that was original to the pump or if it had been 13 replaced? 14 A I would not know that. 15 Q Do you know who supplied the packing 16 for the pumps? 17 A No, ma'am. 18 Q And you never used any kind of 19 respiratory protective equipment when you were 20 changing out the packing? 21 A No, ma'am. 22 Q Can you tell me all of the types of 23 pumps you worked on? Not the name brands, but 24 the kinds of pumps. 25 A Okay. Worked on centrifugal pumps. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 230 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 231 1 In the broadest categories, worked on 2 centrifugal pumps, worked on gear type pumps, 3 worked on screw type pumps. And basic 4 centrifugal pumps were for water. Screw type 5 pumps were for lube oil. And -- And the gear 6 type pumps were generally for fuel oil and 7 stuff like that. Now, that's the basic broad 8 categories of what we worked on. 9 Now, specifically like the -- the -- I 10 lost my train of thought. The centrifugal 11 pumps basically were for water, but there would 12 be seawater pumps for fire and flushing; there 13 would be freshwater pumps to run the, you know, 14 the galley and stuff like that. There would 15 be -- Basically that's what the centrifugal 16 pumps did, was pump water. The other pumps 17 pumped oil, fuel, and stuff like that. 18 Q Were the centrifugal pumps, were those 19 insulated? 20 A Yes, in certain instances. Primarily 21 the fire pumps in the engine rooms were 22 insulated because they were drawing cold 23 seawater into a high temperature and humidity 24 environment and -- and where it was condensing 25 and, you know, creating corrosion problems. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 231 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 232 1 So the seawater pumps in engine rooms were very 2 thoroughly insulated. 3 Q And do you know what kind of 4 insulation they used to insulate those? 5 A Oh, okay. That was asbestos. 6 Q It was? 7 A Yes, that was asbestos. Yes, 8 asbestos. 9 Q Do you know who manufactured that 10 insulation? 11 A No, ma'am, I don't know who 12 manufactured it. 13 Q What did that insulation look like? 14 What color was it? 15 A It was off-white. Off-white to 16 grayish. A yellowish gray. A lot of the color 17 depended upon the age and how much dust it had 18 sucked up from the environment. 19 Q Okay. Sir, do you have any specific 20 recollection of working on a Warren pump when 21 you were on the USS BAINBRIDGE? 22 A No. 23 Q Okay. Do you have any specific 24 recollection of working on a Warren pump when 25 you were on the GRAPPLE? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 232 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 233 1 A No. 2 Q Do you have specific recollection of 3 working on a Warren pump when you were on the 4 SAMUEL MOORE? 5 A No. I cannot be that specific. I 6 remember the brands, I remember the ships, I 7 worked on them dozens and scores of times, but 8 I cannot be as specific as you're asking. 9 Q And I appreciate that. And I know and 10 I appreciate that, but I still have to ask. 11 A That's fine. 12 Q So I apologize. 13 A That's fine. 14 Q So the last one is, do you have a 15 specific recollection -- 16 A No. 17 Q -- of working on a Warren pump on the 18 NOBLE? 19 A No. 20 Q Okay. Thank you. 21 Do you know what type of pumps the 22 Warren pumps were? 23 A No, ma'am. 24 Q Do you know what size the Warren pumps 25 were? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 233 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 234 1 A No, ma'am. 2 Q Do you know if the Warren pumps were 3 vertical or horizontal? 4 A No, ma'am. 5 Q Do you know what color the Warren 6 pumps were? 7 A No, ma'am. 8 Q Do you know how many Warren pumps 9 there were on the BAINBRIDGE? 10 A No. 11 Q Do you know how many pumps there were 12 on the USS NOBLE? 13 A How many Warren pumps -- 14 Q Warren pumps. 15 A -- were on the USS NOBLE? No. 16 Q If there were any? 17 A If there were any, no, I would not 18 know the number. 19 Q If there were any Warren pumps on the 20 GRAPPLE, would you know how many? 21 A No. 22 Q And is it the same for the MOORE? 23 A The same for all -- all of them. 24 Q Do you know if the Warren -- what kind 25 of processes were going through the Warren Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 234 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 235 1 pumps? 2 A No, ma'am. 3 Q You don't know what it was being used 4 for? 5 A No. 6 Q Do you know the maintenance history of 7 any Warren pumps? 8 A Like I said before, I might know the 9 recent maintenance history of a pump, but never 10 -- never knew the long-term history. 11 Q And as you sit here right now, you 12 don't have any specific recollection of 13 maintenance on any Warren pumps? 14 A No. 15 MS. ROUSSEL: 16 Object to the form of the 17 question. 18 EXAMINATION BY MS. PUENTE: 19 Q Do you have any records at home that 20 indicate the maintenance on a Warren pump? 21 A No, ma'am. 22 Q Do you have any records anywhere that 23 indicate the maintenance on a Warren pump? 24 A No, ma'am. 25 Q Do you know the model numbers or Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 235 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 236 1 serial numbers of any Warren pumps? 2 A No, ma'am. 3 Q Can you tell me where the Warren pumps 4 were located on any of the ships? 5 A The engine room. 6 Q And do you have a specific 7 recollection of Warren pumps being located in 8 engine rooms? 9 A No. 10 Q But you would assume that the pumps 11 were in the engine room? 12 A The deal was, that's where 90 percent 13 of the pumps were. 14 Q Okay. So based on that percentage, 15 you assume that the Warren pumps would be in 16 the engine room? 17 A Yes. 18 Q Do you have any specific recollection 19 of ever installing a Warren pump on any 20 specific ship? 21 A No, ma'am. 22 Q Can you tell me when you first worked 23 on a Warren pump? 24 A No, ma'am. 25 Q Can you tell me when you last worked Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 236 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 237 1 on a Warren pump? 2 A No, ma'am. 3 Q Do you have a specific recollection of 4 reading a Warren pump manual? 5 A Yeah, I'm pretty sure I remember 6 reading Warren pump manuals. 7 Q Okay. 8 A Yes, ma'am. 9 Q When was that? 10 A When I was in the Navy. I mean, I'm 11 not trying to be flip about this. I just can't 12 be more specific. 13 Q Okay. But you have a recollection of 14 reading it, so -- 15 A Yes. Yes. Yes. 16 Q -- can you tell me where you were when 17 you read it, which ship you were on when you 18 read it? 19 A No, ma'am. 20 Q Why you were reading it? 21 A No, ma'am. Other than -- Other than I 22 was required to do maintenance on this pump and 23 I was reading this -- this book and it had 24 "Warren" on the cover. 25 Q "Warren" was on the cover? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 237 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 238 1 A Or on the frontis page or whatever, 2 you know. 3 Q What color was the word "Warren"? 4 A Oh, I don't know. I don't know. 5 Q Do you know if it was -- was it a copy 6 of a book, was it an actual book? 7 A These were all actual books straight 8 from the manufacturers. We had specific 9 libraries for these things. 10 Q Okay. And now all I want to know 11 about right now is the Warren pumps manual. 12 A Yes. Yes. 13 Q Okay. Do you know how thick it was? 14 A No, ma'am. 15 Q Okay. As you sit here, and you could 16 specifically recall reading it, can you 17 describe it in any way? 18 A No. 19 Q No? 20 A Just other than I have this -- this 21 memory of reading a book that said "Warren". 22 Q Do you know the difference between 23 Warren pumps and Warren Rupp pumps? 24 A Never heard of these, the latter. 25 Q So you don't know the difference Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 238 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 239 1 between a Warren Rupp pump and a Warren pump? 2 MS. ROUSSEL: 3 Object to the form of the 4 question. He said he never heard of 5 the latter. 6 MS. PUENTE: 7 I understand that. 8 EXAMINATION BY MS. PUENTE: 9 Q So can you answer my question? 10 A Would you please restate it so I am 11 not confused? 12 Q Do you know the difference between the 13 two? Do you know the difference between a 14 Warren Rupp pump and a Warren pump? 15 A No, ma'am. 16 Q Do you have any specific recollection 17 of any of the specifications that were in the 18 Warren manual? 19 A (Witness shakes head negatively.) 20 Q As you sit here today, do you have any 21 recollection of a Warren pump being insulated 22 on any ship? 23 A No, ma'am. 24 Q Have you ever met an employee of 25 Warren Pump? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 239 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 240 1 A No, ma'am. 2 Q Have you ever met a representative 3 from Warren Pump? 4 A No, ma'am. 5 Q Okay. That was painless, but now we 6 do it all again for a different client if 7 that's okay. 8 A Uh-huh (affirmatively.) 9 Q Not all again. We're just going 10 straight to the questions. 11 You also testified that you worked 12 around DeLaval pumps; correct? 13 A DeLaval, yes. 14 Q Okay. Do you have a specific 15 recollection of working with a DeLaval on the 16 SAMUEL MOORE? 17 A No. 18 Q Do you have a specific recollection of 19 working -- 20 A No. 21 Q -- with a DeLaval on the BAINBRIDGE? 22 A No, ma'am. 23 Q Do you have a specific recollection of 24 working with a DeLaval pump on the GRAPPLE? 25 A No, ma'am. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 240 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 241 1 Q And the last one, do you have a 2 specific recollection of working with a DeLaval 3 on the NOBLE? 4 A No, ma'am. 5 Q Can you tell me what kind of pumps the 6 DeLaval pumps were? 7 A No. I cannot. 8 Q Okay. Can you tell me the size of the 9 DeLaval pumps? 10 A No, ma'am. 11 Q What about the color? 12 A No, ma'am. 13 Q Can you tell me whether the DeLaval 14 pumps were vertical or horizontal? 15 A No, ma'am. 16 Q Can you tell me how many DeLaval pumps 17 there were on any ship that you worked on? 18 A No. 19 Q Can you tell me what the DeLaval pumps 20 were being used for? 21 A No, ma'am. 22 Q Can you tell me the kind of process 23 that was going through the DeLaval pumps? 24 A No, ma'am. 25 Q Do you have any specific recollection Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 241 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 242 1 of the maintenance history of any DeLaval pump? 2 A No, ma'am. 3 Q Do you have any documentation or any 4 historical data regarding the maintenance 5 history of a DeLaval pump? 6 A No, ma'am. 7 Q Do you know the model number or serial 8 numbers of any of the DeLaval pumps? 9 A No, ma'am. 10 Q Do you know where any of the DeLaval 11 pumps were located on a ship? 12 A No. 13 Q Do you have a specific recollection of 14 ever installing a DeLaval pump on any ship? 15 A No, ma'am. 16 Q Can you tell me when you first worked 17 on a DeLaval pump? 18 A No, ma'am. 19 Q Can you tell me the last time you 20 worked on one? 21 A No, ma'am. 22 Q Have you ever read a DeLaval manual? 23 A Yes. 24 Q Okay. 25 A Since -- Lots of them. See, DeLaval Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 242 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 243 1 made a lot more than just pumps. 2 Q Right. 3 A They made purifiers, they made 4 reduction gears. DeLaval essentially made 5 everything a navy would need. And so I've 6 worked -- I've read a lot of DeLaval manuals, 7 but not specifically pump manuals. 8 Q Okay. Let me ask you -- So you read 9 other manuals, but not pump manuals? 10 MS. ROUSSEL: 11 Object to the form of the 12 question. 13 EXAMINATION BY MS. PUENTE: 14 Q For DeLaval. 15 A Okay. 16 Q I'm sorry, for DeLaval. 17 A I read a lot of DeLaval manuals. I 18 cannot specifically say any of them were for 19 pumps. 20 Q Okay. And the purifiers, were they 21 Alfa Laval DeLaval? 22 A Yes. 23 MS. ROUSSEL: 24 Object to the form of the 25 question. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 243 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 244 1 EXAMINATION BY MS. PUENTE: 2 Q Your answer was "yes"? 3 A Yes. 4 Q Okay. Thank you. 5 A But I had no exposure to asbestos 6 working on the purifiers. 7 Q Okay. Do you have any specific 8 recollection of any of the specifications in 9 the DeLaval manuals that you read? 10 A No, ma'am. 11 Q Do you have any specific recollection 12 of any DeLaval pump ever being insulated on any 13 of the ships you worked on? 14 A No, ma'am. 15 Q Have you ever met an employee of 16 DeLaval? 17 A No, ma'am. 18 Q How about a representative? 19 A No, ma'am. 20 MS. PUENTE: 21 Sir, I believe that's all of the 22 questions that I have. Thank you very 23 much. 24 THE WITNESS: 25 Yes, ma'am. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 244 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 245 1 EXAMINATION BY MR. MITCHELL: 2 Q Mr. Bell, my name is Rick Mitchell. 3 I'm going to have some questions for you. Are 4 you okay to go forward? Or do you want to take 5 five minutes? It's up to you. 6 A Let's take a five minute break, 7 please. 8 Q Okay. 9 VIDEO OPERATOR: 10 Off the record. 11 (Recess taken.) 12 VIDEO OPERATOR: 13 We're now back on the record. 14 EXAMINATION BY MR. MITCHELL: 15 Q Mr. Bell, my name is Rick Mitchell. 16 I'm going to have some questions for you. If I 17 ask you anything, you don't understand what I 18 am asking, let me know, I'll try to rephrase. 19 All right? 20 A Okay. 21 Q And one of the first things I'm going 22 to tell you is that I may have misunderstood 23 something earlier this morning that I want to 24 clear up. 25 I know it's not clear in my notes. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 245 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 246 1 I'm sure you told us and I wrote it down wrong. 2 And I am trying to get the years that you were 3 on each one of your ships. And you gave us 4 some years and months, and so I am not trying 5 to specifically hold you to the exact month, 6 but some -- I have a year gap is what I am 7 telling you. I have you being on the NOBLE 8 from January of '61 to November of '62. 9 A Yes. 10 Q Then I have you being on the GRAPPLE 11 from the first part of '63 through September of 12 '64. 13 A Yes. 14 Q Then I thought you said you were on 15 the BAINBRIDGE from September of '65 -- 16 A Yes. 17 Q -- through '66. 18 A Yes. 19 Q What happened between September of '64 20 and September of '65? 21 A Nuclear power school. 22 Q That's when you went to school? 23 MS. ROUSSEL: 24 Idaho training facility. 25 MR. MITCHELL: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 246 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 247 1 Thank you. 2 EXAMINATION BY MR. MITCHELL: 3 Q Thank you. So I wrote it down wrong. 4 I just didn't add in the gap there. 5 I'm going to ask you some more pump 6 questions. Okay? You indicated earlier when 7 you named some pumps that Buffalo was one of 8 the pump companies or manufacturers that you 9 remembered. 10 A That I remember, yes. 11 Q Okay. You've told all the gentlemen 12 and ladies here today that you cannot put a 13 particular pump on a specific ship. 14 A That's correct. 15 Q Correct? Does that same testimony 16 apply to Buffalo? 17 A Yes. 18 Q So you can't put a Buffalo pump on any 19 one of the four ships that you served on? 20 A Not specifically, yes. 21 Q Okay. Now, of the four ships you 22 served on, three were steam and one was diesel. 23 A Yes. 24 Q Would that make a difference as to 25 whether the possibility that a Buffalo pump Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 247 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 248 1 would have been on a steam ship and not a 2 diesel, or a diesel and not a steam, or would 3 that not matter? 4 A I would -- I would not think that it 5 would matter. 6 Q But do you have -- do you have any 7 idea what particular type of a pump Buffalo 8 would have made on any of the ships that you 9 served on? 10 A No. 11 Q Okay. And when I say "type", I think 12 you have described several types earlier as 13 centrifugal, gear, or screw. 14 A Uh-huh (affirmatively). 15 Q Is that pretty much true? 16 A Yeah, that's pretty much the basic 17 pumps. 18 Q And so you can't say that Buffalo was 19 one of these particular types or maybe more 20 than one of those particular types? 21 A No, I cannot. 22 Q All right. Can you tell me whether 23 any of these Buffalo pumps would have been 24 vertical or horizontal? 25 A No, sir. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 248 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 249 1 Q Do you have any idea what size the 2 Buffalo pumps would have been? 3 A No, sir. 4 Q Do you have any idea if any of the 5 Buffalo pumps would have been insulated with 6 external insulation? 7 A No. 8 Q Okay. Do you know how large or what 9 color any of them would have been? 10 A No. 11 Q Do you know what their function would 12 have been? And when I say "function", as to 13 whether they pumped water or oil or fuel? Do 14 you know? 15 A No, sir. 16 Q I'm assuming you can't give me the 17 model number of any of those? 18 A No. 19 Q You cannot? 20 A I cannot. 21 Q Thank you. You didn't see any Buffalo 22 employees during your -- Buffalo pump employees 23 at any time in the Navy, did you? 24 A No, sir. 25 Q The pumps that you've described, Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 249 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 250 1 whether it was Buffalo or any of the others, 2 would you have worked on those at sea and 3 during overhauls? Or one or the other? 4 A Both. 5 Q Okay. 6 A Both at sea and during overhauls. 7 Q Would there be -- I'm guessing you 8 were at sea a larger percentage of the time 9 than you were in port, is that correct, during 10 your time in the Navy? Let's take out the year 11 in Idaho. 12 A Okay. Ships spend -- Navy ships spend 13 roughly 40 percent of their time at sea when I 14 was in the service because they're spending a 15 lot of time in port doing training and repairs 16 and stuff like that. So the sea service would 17 be -- it would account for about 40 percent of 18 the time. 19 Q Of the time you would be at port, 20 either at liberty at port or overhaul at port; 21 is that correct? 22 A Yes. 23 Q Would there be -- If you were at port, 24 not at overhauls, would there be major repairs 25 going on at that time? Or would this be minor Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 250 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 251 1 fix-gap stuff until you got to the next 2 overhaul? 3 A Generally it would be fix, fix it up 4 until the next overhaul. 5 Q When you were working during your time 6 on any of these ships and you were involved in 7 a pump, I think you indicated that about half 8 of your time would have been replacing or 9 repairing the wear rings and about half the 10 time replacing and repairing packing. 11 A Correct. 12 Q And that would be the same for Buffalo 13 as it would be for any of the others? 14 A All the pumps, yes. 15 Q Do you have a specific recollection of 16 ever installing a Buffalo pump on-line? 17 A No, sir. 18 Q And when you talked earlier about the 19 few times that you might have installed a new 20 pump, and that was the word that was used, a 21 "new" pump, does that mean that the pump was 22 actually new or just a different one from the 23 one that's currently on-line? 24 A Generally it meant a brand new pump. 25 Q Okay. Would that be the case if it Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 251 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 252 1 were either -- if it was at sea or in port? 2 A On a brand new pump, it was almost 3 always in port. 4 Q You had spare pumps that you could 5 replace at sea if you needed to? 6 A Yeah. Generally at sea we would 7 replace parts in pumps. And while generally 8 that's what we did all the time, was just 9 replace parts in pumps, replacing a whole pump 10 was rare. But it did happen occasionally. 11 Q In your time on the NOBLE where you 12 spent about I believe a year and a half of your 13 almost two years, you worked on the landing 14 craft boats, small boats, -- 15 A Yes. 16 Q -- larger boats? 17 A Most of the time. 18 Q That did not involve any pump work; 19 correct? 20 A Oh, well, yeah, those boats, those 21 boats had pumps on there. They had bilge 22 pumps, they had cooling water pumps, and stuff 23 like that. Those pumps were relatively small 24 (indicating). 25 Q Okay. Do you think Buffalo made any Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 252 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 253 1 of those smaller pumps that you're talking 2 about on the landing craft? 3 A I don't know. 4 Q Don't know. On the three months on 5 the NOBLE that you -- that you were not working 6 on landing craft, ships, boats, you said you 7 spent your watch time in the engine room. 8 A Yes. 9 Q That's like fire watch? 10 A No, this was regular underway watch. 11 Q Okay. And tell us what duties you had 12 during underway watch. 13 A Basically it was -- I was -- I was 14 what was called an upper level watch. These 15 main turbines, the main propulsion turbines and 16 reduction gears have dozens and dozens and 17 dozens of bearings, and you have to take the 18 temperature of these bearings continuously to 19 make sure they're not going to burn up. And 20 that consumes a considerable amount of effort. 21 Q Would there be any pump work during 22 your upper level -- 23 A No, no. No. 24 Q So no -- Other than -- Other than the 25 smaller bilge pumps that you talked about on Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 253 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 254 1 the landing craft, then you would have done no 2 actual pump work during your time on the NOBLE. 3 Is that correct? 4 A Not at sea. In port. Yes, I would 5 have in port, but not at sea. 6 Q In port would put you on other 7 locations on the ship? 8 A No. No. Those last few months on the 9 ship, I was engine room crew. I worked in the 10 engine room 99 percent of the time. 11 Occasionally we would have to light off an 12 auxiliary turbo generator which was in another 13 room outside of the engine room. But basically 14 it was all engine room work. 15 Q Okay. And are you saying that pump 16 work is included in what you're calling engine 17 room work? 18 A Yes. 19 Q Okay. Then your time on the GRAPPLE, 20 a year and nine months or so, you were 21 generally in that small machine shop? 22 A I worked out of the machine shop, yes. 23 Q What duties did you have specifically 24 in the machine shop? What would come to you to 25 be worked on or repaired? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 254 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 255 1 A Okay. It was basically like any 2 machine shop. You'd get a broken piece of 3 equipment, you would get a work order saying 4 "Fix this" and it was anything you can imagine. 5 It was drilling out broken off studs or it was 6 actually manufacturing the wear rings that were 7 going to be installed on pumps. We would make 8 it from raw -- from raw stock on lathes and 9 stuff like that. And so we used to fix the 10 hydrographic winch equipment, stuff like that. 11 Q Would the large pumps that you've 12 described earlier, these fuel pumps and the 13 larger water pumps and lube oil pumps, would 14 they be transported into the machine shop to be 15 worked on? 16 A No. No. For that I would have to 17 actually go on site. 18 Q Okay. 19 A And so we had the engine room with the 20 diesel generators and a few other large pieces 21 of equipment. Then we had the motor room which 22 had the motors which drove the propellers, and 23 that's where all of our auxiliary pumps were, 24 the fire pumps, the fuel pumps, the transfer 25 pumps, the fresh water pumps and so on and so Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 255 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 256 1 forth. 2 Q Were those pumps that you just talked 3 about, the transfer pumps, bilge pumps, fresh 4 water pumps, would they be necessarily 5 insulated? 6 A Only if there was a temperature 7 difference that made a difference. Like I was 8 explaining before, in those -- in those 9 machinery rooms, they generally are hot and 10 humid, and if you're pumping in cold sea water, 11 they're generally insulated to prevent 12 condensation. 13 Q Understood. What percentage of those 14 pumps in those areas do you think would have 15 been insulated as opposed to uninsulated? 16 A Half of them. 17 Q You don't ever remember installing a 18 new Buffalo pump anywhere, do you? 19 A No. 20 Q Was there anything unusual other than 21 the name, which I have heard a lot of people 22 tell me, about a Buffalo pump onboard a ship as 23 opposed to any of the other pumps that you 24 talked about today? 25 A No. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 256 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 257 1 Q Would you be able to give me an idea 2 if there were more or less Buffalo pumps as 3 opposed to another manufacturer on any one of 4 these ships? 5 A No. 6 Q You don't think that Buffalo, that the 7 Buffalo Pump Company manufactured either the 8 gasketing or the packing that was used on those 9 pumps, do you? 10 MS. ROUSSEL: 11 Object to the form of the 12 question. 13 EXAMINATION BY MR. MITCHELL: 14 Q Or do you know? 15 A Okay. I don't know who made it, but 16 it was delivered -- those pumps were delivered 17 to the ships pre-packed and with pre-cut 18 gaskets and everything. So who the original 19 manufacturer was, I have no idea. But by the 20 time Buffalo delivered them, they had 21 insulation in them, asbestos packing in them. 22 Q Okay. And that's fine. I appreciate 23 your answer. I probably asked it wrong, a bad 24 question. I am talking about the replacement 25 packing that would have been in the storeroom, Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 257 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 258 1 the replacement -- 2 A Okay. 3 Q -- gaskets where you're talking about 4 the sheet gaskets and things. 5 A Yes. 6 Q It's not your testimony that Buffalo 7 made either one of those two materials? 8 A No. No. 9 Q That's correct? 10 A That is correct. 11 Q Thank you. Can you tell me, if you 12 can, what -- if you associate asbestos with any 13 Buffalo pump or any portion of the Buffalo 14 pump? 15 A Not specifically, no. 16 Q You talked about the steam lines that 17 ran through the ships, the steam ships at 18 least, you know. 19 A Yes. 20 Q You didn't tell me where or you 21 haven't told anybody where those lines -- we 22 have talked about what rooms or compartments 23 they were in, but where were they? Were they 24 above head? 25 A They were over -- in the overhead, Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 258 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 259 1 yes. 2 Q Overhead. Did any of the ships that 3 you served on, and I know you were involved in 4 the Vietnam conflict, did any of those ships 5 ever, while you were on them, become involved 6 in any actual battles where -- 7 A Oh, absolutely. 8 Q Where you had to fire guns? 9 A Absolutely. 10 Q Tell us about that. Would it vibrate? 11 The ships, would they vibrate? 12 A Well, yeah. But I don't -- I don't 13 see how that's relevant. 14 Q Well, it might or might not be. 15 A Okay. 16 Q During the vibration of the ships and 17 the guns that were fired, are you saying that 18 that would not cause insulation, whether it was 19 on steam pipes or somewhere else, to become 20 loose in the air? 21 A No. The recoil of the guns wasn't 22 that violent. 23 Q Okay. When you were on -- When you -- 24 Your berthing area, I imagine over the four -- 25 over the course of eight years and four ships Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 259 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 260 1 you were at various berthing areas as it 2 relates to compartments on the ship and also 3 which bunks, bottom, middle, top. Is that 4 true? 5 A Yes. 6 Q How much time do you think you spent 7 on a top bunk? 8 A Almost none. 9 Q Is that where the young bucks have to 10 be -- have to sleep? 11 A It -- It -- It depended upon the ship 12 and your rank. And rank had its privileges. 13 The higher your rank, you -- you got to choose 14 your bunk. The longer you were in rank, you 15 got to choose your bunk. And the bottom bunk 16 was -- was the bad one. Nobody wanted to be on 17 the bottom. So that's where all the newbies 18 wound up, was on the bottom bunks. So I spent 19 a considerable amount of time as a petty 20 officer in the middle bunk. 21 Q That was the catbird seat? 22 A Yes. 23 Q All right. I think you have been 24 asked this in general about some other pumps. 25 Unless a Buffalo pump came in new and would Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 260 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 261 1 happen to be installed on the ship you were on, 2 you would not have known the maintenance 3 history of that particular pump. That's 4 correct? 5 A That's correct. 6 Q Do you ever recall, and I think you 7 said you don't ever recall installing a Buffalo 8 pump new on any of the ships; correct? 9 A I do not recall. 10 Q Okay. Did you ever see a Buffalo pump 11 actually even being loaded on any of the ships 12 new in crate or however they might have been 13 packaged? 14 A No, sir. 15 Q So you couldn't say that they came 16 delivered to the ship insulated or not? 17 A Well, -- 18 Q If you didn't see them, you couldn't 19 tell me; right? 20 A Yeah, that's -- that's true. 21 Q Okay. I'm almost through. 22 You stated early on, I believe, when 23 you were asked about -- or I believe you 24 volunteered about your knowledge of asbestos 25 and you told us that you were told by the U.S. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 261 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 262 1 Navy that asbestos was a rock and was not 2 harmful and don't worry about it. Do you 3 remember that testimony? 4 A Yes. 5 MS. ROUSSEL: 6 Object to the form of the 7 question. 8 THE WITNESS: 9 Yes. 10 EXAMINATION BY MR. MITCHELL: 11 Q Do you remember stating that? 12 A I remember stating that, yes. 13 Q Did I accurately state what you said? 14 A Yes. 15 Q Okay. Do you know who told you that 16 in the Navy? 17 A No. 18 Q Would it have been an officer -- 19 A Basically that was the official line 20 and everybody spouted the official line. 21 Q True. I got it. That's how I 22 understood you. That's exactly what I 23 understood you to say. 24 So do you know, did that come from up 25 top in the Navy? Was that what you think or Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 262 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 263 1 believe? 2 A That was -- That was the standard -- 3 That was the standard response. Where it came 4 from, I would have no idea. 5 Q But you were told by the Navy, so that 6 was -- 7 MS. ROUSSEL: 8 Asked and answered. He's not 9 going to answer it again. Do you have 10 a different question? 11 MR. MITCHELL: 12 Yes, I certainly do. Thank you. 13 Don't -- Please don't raise your voice 14 at me. 15 MS. ROUSSEL: 16 Don't reask the same questions, 17 because I am going to instruct him not 18 to answer. If you ask that same 19 question again he's already answered 20 it three or four different times. 21 MR. MITCHELL: 22 What question did I ask? 23 Can you read it that back to me? 24 (Requested question read back.) 25 EXAMINATION BY MR. MITCHELL: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 263 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 264 1 Q So you were told by the Navy? 2 MS. ROUSSEL: 3 Don't answer that question again. 4 MR. MITCHELL: 5 That wasn't -- That wasn't the 6 same question. 7 MS. ROUSSEL: 8 He's not -- He's not answering. 9 MR. MITCHELL: 10 All right. The record will speak 11 for itself. 12 EXAMINATION BY MR. MITCHELL: 13 Q You mentioned during on the -- I 14 believe it was on the ship -- Let's see which 15 one. The NOBLE that had the landing craft, I 16 believe, and correct me if I am wrong, that 17 there was some other small engines on that with 18 landing crafting such as Cummins diesel and 19 Caterpillar? 20 A Okay. The Caterpillar engines were on 21 the GRAPPLE. The Cummins diesels were just 22 generally in use throughout the Navy for 23 various small diesel applications. 24 Q Do you associate asbestos with either 25 one of those engines? Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 264 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 265 1 A No. 2 MR. MITCHELL: 3 Okay. That's all I've got. 4 Thanks. 5 MS. ROUSSEL: 6 I only have a couple of 7 clarifications. 8 EXAMINATION BY MS. ROUSSEL: 9 Q You were asked by several of the 10 Defendants about a specific recollection. When 11 you were answering that question, were you 12 thinking about a specific date? Is that what 13 you were responding to? 14 MS. ADAMS: 15 Objection, leading. 16 THE WITNESS: 17 Yes. It was basically as the 18 questions were asked to me, they were 19 asking very specific questions, "Were 20 you on this ship, did you work on this 21 pump on this ship", and I'm not able 22 to provide that amount of specificity 23 for general things like pumps and 24 valves, because that's what we did all 25 the time on all the ships Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 265 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 266 1 continuously. So I cannot -- It's not 2 like the condenser repair. I can 3 remember that, because that was a very 4 specific incident that happened one 5 time, you see. 6 EXAMINATION BY MS. ROUSSEL: 7 Q Okay. 8 A And that -- So -- So I can't be that 9 specific with pumps and valves. 10 Q So let's go with regard to the 11 manufacturers of the pumps that you talked 12 about -- 13 A Okay. 14 Q -- that you said you were exposed to 15 asbestos from. Those specific pump 16 manufacturers that you mentioned were pumps 17 that you used regularly throughout your Navy 18 career? 19 A Yes. 20 MS. ADAMS: 21 Objection to form. 22 Mischaracterizes his testimony. 23 MS. PUENTE: 24 Object to the form. 25 MS. ADAMS: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 266 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 267 1 Leading. 2 EXAMINATION BY MS. ROUSSEL: 3 Q And when you were working on pumps, 4 these various manufacturers of pumps, typically 5 that work was being done in the engine room; 6 correct? 7 A Typically, yes. 8 MS. ADAMS: 9 Object to the form. 10 EXAMINATION BY MS. ROUSSEL: 11 Q And let me just clarify, though. You 12 did work on DeLaval pumps in engine rooms? 13 A Yes. 14 MS. ADAMS: 15 Object to form. 16 EXAMINATION BY MS. ROUSSEL: 17 Q You did work on Warren pumps in engine 18 rooms? 19 MS. ADAMS: 20 Object to form. 21 MS. THOMPSON: 22 Object to form. 23 THE WITNESS: 24 Yes. 25 EXAMINATION BY MS. ROUSSEL: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 267 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 268 1 Q You did work on Buffalo pumps in 2 engine rooms? 3 MR. MITCHELL: 4 Object to form. 5 THE WITNESS: 6 Yes. 7 EXAMINATION BY MS. ROUSSEL: 8 Q You did work on Aurora pumps in engine 9 rooms? 10 MS. ADAMS: 11 Objection, leading. 12 THE WITNESS: 13 Uh-huh (affirmatively), yes. 14 MS. ADAMS: 15 Mischaracterizes his prior 16 testimony. 17 EXAMINATION BY MS. ROUSSEL: 18 Q And you did work on Goulds pumps in 19 engines rooms? 20 MS. THOMPSON: 21 Objection? 22 THE WITNESS: 23 I will have to honestly say most 24 likely. 25 EXAMINATION BY MS. ROUSSEL: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 268 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 269 1 Q Okay. 2 A I cannot say absolute. I can't -- I 3 can't say something that's not true. 4 Q Okay. But most likely because most of 5 your work was done in engine rooms? 6 MS. ADAMS: 7 Objection to form. 8 MS. THOMPSON: 9 Objection. 10 MS. PUENTE: 11 Objection to form. 12 MR. CAMPBELL: 13 Object to form. 14 THE WITNESS: 15 Because I was always in the 16 engine room, yes. That's where I was 17 doing my work. That's where I was 18 seeing this equipment. So that gives 19 me a 90 to 95 percent probability 20 that's where I worked on those. 21 EXAMINATION BY MS. ROUSSEL: 22 Q And with regard to your work on pumps, 23 one of the things that you had to do, with 24 regard to your work on pumps in engine rooms 25 one of the things that you had to do was remove Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 269 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 270 1 packing? 2 A Yes. 3 MS. ADAMS: 4 Objection to form. 5 THE WITNESS: 6 Change packing. 7 EXAMINATION BY MS. ROUSSEL: 8 Q Change packing, which included -- 9 A Removal and replacement. 10 Q Now, the same thing with regard to 11 valves; most of your work was done in the 12 engine room? 13 A Yes. 14 MS. ADAMS: 15 Object to form. 16 MR. CAMPBELL: 17 Object to form. 18 EXAMINATION BY MS. ROUSSEL: 19 Q And you worked on Crane Company valves 20 in engine rooms? 21 A Yes. 22 MR. CAMPBELL: 23 Object to form. 24 EXAMINATION BY MS. ROUSSEL: 25 Q And you worked on Atwood Morrill Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 270 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 271 1 valves in engine rooms? 2 A Yes. 3 MS. ADAMS: 4 Objection, leading, 5 mischaracterizes his prior testimony. 6 EXAMINATION BY MS. ROUSSEL: 7 Q And when you worked on -- 8 MS. ADAMS: 9 Form. 10 EXAMINATION BY MS. ROUSSEL: 11 Q -- Crane valves in engine rooms, you 12 had to work removing gaskets and packing? 13 MR. CAMPBELL: 14 Object to form. 15 THE WITNESS: 16 Gaskets and packing. 17 EXAMINATION BY MS. ROUSSEL: 18 Q And when you worked on Atwood Morrill, 19 the same thing, you worked in engine rooms on 20 those? 21 MS. ADAMS: 22 Objection, asked and answered. 23 EXAMINATION BY MS. ROUSSEL: 24 Q Correct? 25 A Yes, correct. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 271 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 272 1 MS. ADAMS: 2 Leading. 3 EXAMINATION BY MS. ROUSSEL: 4 Q And again, the task involved removing 5 gaskets and packing? 6 MS. ADAMS: 7 Objection, leading. 8 THE WITNESS: 9 Gaskets and packing. 10 EXAMINATION BY MS. ROUSSEL: 11 Q And, of course, the way you would have 12 done that is the way you have described it 13 earlier? 14 MS. ADAMS: 15 Objection, leading, 16 mischaracterizes prior testimony. 17 THE WITNESS: 18 (Witness nods head 19 affirmatively.) 20 EXAMINATION BY MS. ROUSSEL: 21 Q When you were removing gaskets and 22 packing from valves, you did -- did you see 23 visible dust? 24 MS. ADAMS: 25 Objection to leading, form. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 272 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 273 1 THE WITNESS: 2 Yes. 3 MR. CAMPBELL: 4 Object to form. 5 EXAMINATION BY MS. ROUSSEL: 6 Q When you removed packing from pumps, 7 did you see visible dust? 8 A Yes. 9 MS. ADAMS: 10 Objection, form, leading. 11 MS. THOMPSON: 12 Object to form. 13 MS. ROUSSEL: 14 That's all I have. 15 MS. ADAMS: 16 I have a few follow-up questions. 17 MS. ROUSSEL: 18 No, you don't. That concludes 19 the deposition. The time period is 20 up. 21 MS. ADAMS: 22 We can get the Magistrate on the 23 phone. 24 MS. ROUSSEL: 25 Yes. Let's get the Magistrate on Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 273 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 274 1 the phone. 2 MS. ADAMS: 3 Sure. No problem. 4 MR. STOUT: 5 5:00 o'clock, I doubt, if you're 6 in deposition, the Magistrate -- 7 MS. ADAMS: 8 If you would just -- I have two 9 questions to ask the man. 10 MS. ROUSSEL: 11 Does anybody else have any 12 questions? Does anybody else have any 13 questions? Because that's going to 14 determine whether or not -- 15 MR. TAFARO: 16 Based on the understanding that 17 -- 18 MS. ROUSSEL: 19 -- we're going to call the 20 Magistrate. Okay. Only these two 21 questions from you. Nobody else has 22 any questions. 23 MS. ADAMS: 24 Two questions. 25 MR. MITCHELL: Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 274 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 275 1 As long it doesn't affect my 2 clients, I'm not asking any. 3 MS. ADAMS: 4 It's not going to affect your 5 clients. 6 MS. ROUSSEL: 7 Let's go for the two questions. 8 MS. ADAMS: 9 Can I see the microphone, please? 10 EXAMINATION BY MS. ADAMS: 11 Q Mr. Bell, hi, Jennifer Adams again. 12 The only place that you associate 13 working with Aurora pumps is on the four ships 14 that we discussed while you were in the Navy. 15 Is that correct? 16 A Yes. 17 Q And the only place that you associate 18 Atwood & Morrill valves is with the four ships 19 that you were stationed on in the Navy; 20 correct? 21 A Yes. 22 MS. ADAMS: 23 That's all the questions I have. 24 THE WITNESS: 25 That is correct. Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 275 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 276 1 MS. ADAMS: 2 Thank you, sir. 3 THE WITNESS: 4 That is correct. 5 VIDEO OPERATOR: 6 Off the record. 7 * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 276 of 307 fb403f11-ca2b-4492-9ef9-f7b896a374aa WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 277 1 2 REPORTER'S CERTIFICATE 3 4 5 6 I, ROGER D. JOHNS, RMR, RDR, CRR, Certified Court Reporter in and for the State of 7 Louisiana, as the officer before whom this testimony was taken, do hereby certify that the 8 witness was sworn by me upon authority of R.S. 37:2554, and did testify as hereinbefore set 9 forth in the foregoing pages; that this testimony was reported by me in the stenotype 10 reporting method, was prepared and transcribed by me or under my personal direction and 11 supervision, and is a true and correct transcript to the best of my ability and 12 understanding; that the transcript has been prepared in compliance with transcript format 13 guidelines required by statute or by rules of the Board, that I have acted in compliance with 14 the prohibition on contractual relationships, as defined by Louisiana Code of Civil Procedure 15 Article 1434 and in rules and advisory opinions of the Board; that I am not related to Counsel 16 or to the parties herein, nor am I otherwise interested in the outcome of this matter. 17 18 19 _________________________ 20 ROGER D. JOHNS 21 CERTIFIED COURT REPORTER 22 STATE OF LOUISIANA 23 CERTIFICATE NUMBER 74010 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 277 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 278 A A&M 172:5,7 A.M 172:8 abide 37:17 38:14 40:8 ability 151:3 277:11 able 31:25 73:5,9 73:12,18 78:6,10 79:21 82:20,24 83:17 150:16 168:14 227:2 257:1 265:21 aboard 146:21 193:16 197:16 202:20 203:10,16 206:4,23 absolute 269:2 absolutely 11:19 19:21 20:20 28:21 30:25 40:3 44:22 59:25 72:3 129:3 168:23 230:6 259:7,9 ACCARDO 3:18 access 215:20 accessing 217:23 account 126:5,10 250:17 accurately 262:13 acetylene 90:11 acquire 88:20 acquired 128:6 acted 277:13 Action 1:7 active 150:10 actual 63:24 121:2 179:3 214:15 238:6,7 254:2 259:6 Adams 5:5 7:7,14 46:13 47:7,12 48:5,23 49:5,12 52:19 57:7 67:4,8 68:19 74:9 144:19 144:21 158:25 160:20 165:16 166:5 175:24 229:19 265:14 266:20,25 267:8 267:14,19 268:10 268:14 269:6 270:3,14 271:3,8 271:21 272:1,6,14 272:24 273:9,15 273:21 274:2,7,23 275:3,8,10,11,22 276:1 add 247:4 additional 61:1 address 25:6,7,9 126:5,10 adjacent 192:23 217:25 218:1 administering 6:23 administration 23:11 adopt 28:1 advance 9:23 advanced 177:19 advertise 161:6 advisory 277:15 affect 101:23 275:1 275:4 affirmatively 99:23 206:24 213:4 240:8 248:14 268:13 272:19 affixed 175:21 aforementioned 6:4 aft 215:3 afternoon 176:12 188:8 age 13:2,2 26:4 27:11 57:23 221:18 232:17 agree 10:13 31:8 33:5 34:2,24 37:22 38:17 39:1 40:24 45:9,13 48:17 53:14 55:10 55:25 57:4 58:19 61:15,21 106:24 122:14,23 123:14 128:16 agreeable 10:16,20 agreed 6:2 52:8 63:20 agreement 218:21 ahead 11:15 19:12 32:21,25 47:13 55:8,19 ain't 128:1 air 4:12 67:22,25 68:7,8 141:23 142:2,6 216:21 259:20 aircraft 56:13 58:12 66:20 117:1 117:3,5 AL 1:11 Alaska 15:6,7,9 Alfa 243:21 alike 105:23 alive 124:21 125:9 127:6 149:6 Allen 147:20 alley 199:18 Allis-Chalmers 66:24 allowed 139:14 Americans 31:3 32:8 amount 29:20 253:20 260:19 265:22 amounts 192:18 Anchorage 15:7,9 Anderson 201:4 answer 9:25 16:9,9 28:18 31:24,24,25 32:23,25,25 34:14 40:16 42:7,10 45:16,16 47:6 49:3,4 51:8 53:10 54:20 55:8,20 74:17 75:23 83:23 112:10,12 122:11 139:15 165:17 219:25 220:2,5 228:2 229:14,18 230:5 239:9 244:2 257:23 263:9,18 264:3 answered 9:15 31:14 32:1,4 46:24 112:9 224:12 263:8,19 271:22 answering 17:24 42:12 49:24 50:5 264:8 265:11 answers 34:22 50:10 52:25 antiaircraft 58:14 antisubmarine 58:14 anybody 127:2 258:21 274:11,12 anyway 38:11 115:13 130:3 APA-218 14:14 127:19 APA-28 176:16 apologize 9:23 194:22 227:14 233:12 APPEARANCES 2:2 3:1 4:1 5:1 applications 264:23 apply 247:16 appreciate 14:8 16:10 24:17 52:2 52:25 60:10 102:9 103:4 105:3 108:5 117:7 130:20 233:9,10 257:22 appreciation 148:19,23 apprentice 206:20 Approach 1:23 2:8 approximate 15:14 16:1 116:5 approximately 65:23,25 89:23 90:22 113:5 127:10 137:6 148:24 area 141:19 155:21 259:24 areas 10:11 85:1 118:2 155:18 256:14 260:1 arm 101:16,18 Armstrong 69:1 Army 30:21 146:2 177:19 arrive 210:5 arrived 80:1 81:13 82:21 208:3,5 ARS-7 186:24 artfully 104:7 Article 277:15 Arts 12:11,11,25 24:17 25:14 asbestos 22:3 28:19 28:23 42:4 44:23 83:3,6,7,9 86:2,6 88:18 93:21,24 96:6,10 97:10,19 99:7 103:6 104:11 104:23 105:15 110:9 111:6,15 114:23 115:20 118:5 119:5 122:1 136:5,20,21 138:14 139:19 144:2 156:21,23 157:1 161:10 163:11 164:8 171:9 174:9 179:19 180:6,14 180:14,18,23 181:3 182:14 183:18,21 184:3 188:15 191:9,20 191:22 196:10 197:11,14 199:21 204:15,19 205:16 206:14 209:1,22 216:2 220:13 222:13 225:23 232:5,7,8 244:5 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 278 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 279 257:21 258:12 261:24 262:1 264:24 266:15 asbestos-containi... 97:14 215:24 asbestos-insulated 97:18 209:4 asbestos-related 199:24 ashore 146:14 203:22 aside 111:12 asked 31:14 32:3 46:23 53:2,9 59:4 59:24 60:6 86:22 99:10 100:18 102:2 112:13 113:25 143:13 145:9 156:21 163:7 165:1 171:16 183:10 197:9 200:6,15 201:22,23 224:11 257:23 260:24 261:23 263:8 265:9,18 271:22 asking 10:10,19 18:18 19:16 22:16 33:20,21 42:5 73:15 76:4 79:16 109:23 125:1,9 131:25 136:25 144:24 145:11 151:1 193:12 229:13 233:8 245:18 265:19 275:2 aspects 37:22 assigned 177:2,5 202:16 224:17 assisted 26:8,9 assisting 26:16 associate 96:7 118:4,19 160:10 161:9 258:12 264:24 275:12,17 associated 31:9 32:9 96:2,18 103:8,25 104:22 108:7 109:11 110:9 111:4,10,15 114:23 118:12,15 119:5 121:5,21 122:1 124:9 association 200:13 associations 200:14 assorted 185:10 assume 9:14 19:14 236:10,15 assuming 14:8 224:7 249:16 assure 19:7 48:3 asthma 129:2 atmosphere 204:15 205:17 Atrium 26:12 attached 102:22 222:9 attack 129:2 146:12 176:20,23 185:5 attend 178:3 attorney 16:16 19:25 32:22 38:4 attorneys 200:7 Atwood 5:3 171:17 171:21,24 172:3,4 173:5,9,13,16,20 173:23 174:9,13 174:16 175:3 270:25 271:18 275:18 Aurora 5:3 66:3,8 167:18,20,22 168:2,16,19,25 169:5,6,7,12,15 169:22,25 170:3,6 170:8,15,18,20 171:2,9 175:7,13 175:18 268:8 275:13 authored 52:4 authority 39:8 277:8 authors 52:7 automatons 44:10 auxiliary 88:25 96:24 99:4 134:6 134:8,10 202:2 254:12 255:23 available 156:9 average 18:5 129:7 aware 197:11,15 B B 2:7 B-A-R-B-O 127:20 223:9 baby 163:17 Bachelor 23:10 Bachelor's 25:16 back 8:7 15:24 21:1 21:9,12,17,20 22:8,10,13,23 29:9 30:8 60:4,12 61:9 63:23 64:4 68:11 87:23 90:11 99:20 100:14 101:18 103:19,20 108:4 111:11 116:5 131:3 143:4 144:18 145:7 159:7 166:24 167:16 175:6 176:10 178:8,10 179:8 189:24 217:18 218:17 245:13 263:23,24 background 115:5 bad 24:7 35:10 36:11 257:23 260:16 badges 98:5 222:11 bag 157:10 bags 157:1 BAINBRIDGE 13:15 15:13,16,21 15:22 126:22,23 127:15 146:24 151:6 154:7,8 155:1 159:20,20 210:13,21 211:6 232:21 234:9 240:21 246:15 ball 88:12 136:6 137:25 180:16 ballpoint 141:14 Baptist 12:10 Barbo 127:20 223:9 bare 80:1,7 97:5 119:25 188:21 barracks 203:21 Barry 4:21 131:5 base 145:16 based 236:14 274:16 basic 19:17,20 22:9 177:15 178:1 231:3,7 248:16 basically 12:4 13:25,25 17:9 20:10 24:14 37:13 39:22,22 45:6 49:16,16 51:24 52:8 57:18 58:11 80:18 83:24 84:2 91:12 102:18 105:22 127:25 128:25 141:21,22 145:13 146:20 147:7 149:15 154:22 179:2 180:1,2 184:1 203:4,19 206:2 208:16 215:11 216:15 221:4 228:9 231:11,15 253:13 254:13 255:1 262:19 265:17 basics 25:24 basis 11:19 17:10 56:22 128:14 139:11 165:14 166:22 baskets 220:21 battles 259:6 battleship 58:3,5 battleships 57:25 58:7,13 bay 205:4,10,11,11 205:24 206:7 Baylor 201:4 beach 22:22 90:4 94:12 146:15 204:6 210:22,25 211:5,15 bearings 215:12 253:17,18 beat 159:24 becoming 158:14 begged 24:9 beginning 8:6 87:22 131:2 217:17 belabor 16:24 belief 52:3 53:5,12 53:18 believe 15:4 22:2 27:17 28:19,22 51:19 52:6 53:3 86:1 93:1,5,19 94:3 96:5 103:5 104:23 110:8 111:6,14 114:22 115:10,18 119:4 120:4,14,22 135:4 138:13,18 143:25 144:8,9 145:5,9 151:8 164:17 175:25 178:22 179:18 180:6,23 195:17 197:16 199:6,19 203:1,25 204:13,19 205:3 205:15 207:18 211:25 213:24 216:3 220:10 229:10 244:21 252:12 261:22,23 263:1 264:14,16 believed 15:25 Bell 1:6,20 8:1,9,19 12:3 13:11 19:10 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 279 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 280 21:3 25:25 26:3 27:1,2,22 47:18 49:20 52:24 56:23 64:6 66:13 87:25 130:20 131:5 144:7,8,20 161:19 163:9 176:12 197:6 211:22 245:2,15 275:11 bells 69:10 Ben 12:16,17 berthing 18:15 123:13 224:8 225:20,23 259:24 260:1 best 9:22 14:16 48:15 153:17 185:16 277:11 better 19:23 123:23 201:20 beyond 48:13 122:9 Bible 37:21 38:9 big 35:7 36:5 39:13 78:17 86:15 114:25 137:6 147:7 152:23 165:3 192:12 215:1 216:5,17 biggies 132:19 bilge 252:21 253:25 256:3 Bill 23:9 25:14 64:9 64:13,14 birth 64:25 birthday 14:20 bit 19:23 137:14 140:14 154:12 167:17 197:7 198:17 bitty 86:14 black 196:9,12,13 196:16 Blackmer 69:7 blank 154:21 blanket 163:11,13 163:17 164:8 221:4,22 222:7,7 blankets 164:16 221:18 blinked 177:12 block 12:13 25:1 blockade 151:25 blood 27:14 165:11 bloodstream 27:14 blow 141:22 142:3 blowing 140:22 219:2 Bluejacket 37:6,10 37:11 Blvd 4:22 Board 277:13,15 boat 58:1,2,5,6,10 151:23 152:4,5,8 152:9 179:7,8 185:11,17,24 202:3 boats 13:23 58:8 178:23,25 179:2,7 179:8 184:24 185:2,7,8,10,14 186:1,18,21 204:24 206:16 252:14,14,16,20 252:21 253:6 body 133:20 135:22,25 172:9 172:23,25 boilers 99:4 116:8 bolt 103:20 182:2 bolted 70:21 135:25 bolts 137:18 bone 165:19 book 37:16,18 83:19 126:5 208:15 209:23 210:2 237:23 238:6,6,21 books 200:18 238:7 boot 36:22,25 178:8 209:10 born 12:5,9 boss 30:5 bottom 104:3 218:15 260:3,15 260:17,18 bought 37:8 bowling 199:18 Box 2:23 boxed 137:8 Boy 128:24 boys 208:21 bracket 59:13,13 braided 142:18,18 brain 165:20 brand 68:9 69:25 76:16 78:3,7,11 134:25 164:7 194:17 200:21 229:9 251:24 252:2 brands 76:12,12 230:23 233:6 brass 70:19 71:19 85:23 86:4 169:2 175:20 break 9:9,11 13:10 14:5,6 18:19 59:22 61:4 62:22 63:2,6,17 119:6 130:11,14 226:21 227:7,8 245:6 breaking 180:17 breathe 129:3 breathed 204:15,20 205:18 breaths 227:2 brief 176:14 briefly 13:9 23:3 137:17 188:18 203:8 bring 29:5,12 114:6 148:14 broad 21:4 30:18 42:6 54:15 231:7 broadest 231:1 broadly 54:7 broadness 71:5 broke 27:12 broken 75:14 117:3 202:8 203:5 255:2 255:5 brother 26:1,14 28:5,7,12 199:12 199:17 brother's 26:2 brought 63:13 199:20 brush 137:23 brushes 173:13 bucks 260:9 Buffalo 66:3,7 247:7,16,18,25 248:7,18,23 249:2 249:5,21,22 250:1 251:12,16 252:25 256:18,22 257:2,6 257:7,20 258:6,13 258:13 260:25 261:7,10 268:1 build 58:4 building 153:3 160:12,14 built 45:10 80:23 bulb 54:19 bulk 202:4,10 bunch 72:17,18 185:10 206:6 bunk 260:7,14,15 260:15,20 bunks 260:3,18 burn 44:25 214:5 253:19 business 23:10 butterfly 132:9,14 buy 52:11 88:10 Byron 69:15 C C 4:21 C-O-R-I-X 125:14 C-R 125:15 C-R-O-I-X 125:17 125:19 California 22:19 22:22 178:9 call 70:20 71:22 172:3 274:19 called 24:1 26:8 58:6,8 88:17 140:17 141:11 146:25 157:25 161:13,21 191:9 211:24 253:14 calling 254:16 calls 43:11 CAMERON 3:3 camp 36:22,25 178:8 209:10 Campbell 4:21 7:6 67:10 131:4,6 144:6 217:11 269:12 270:16,22 271:13 273:3 Canal 177:8 cancer 165:11,19 166:12,13,14 capacity 198:14 capital 58:12 captain's 185:11 carbon 90:16 card 212:3 care 24:11 28:10 29:4 166:21 167:13 201:9,10 career 93:2 164:14 266:18 carpentry 218:16 carrier 56:13 117:4 117:5 carriers 58:12 117:1 cars 29:4 case 10:19 59:6 60:1 63:14 107:23 121:10 251:25 cases 70:15,17 72:10 123:5,12 157:21 158:14 159:6 189:6 casing 70:16 86:8 101:19 105:2,5,9 105:14 cast 70:16 133:19 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 280 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 281 172:8,12,24 casting 27:14 catbird 260:21 catch-all 27:20 categorically 82:17 categories 231:1,8 Caterpillar 186:20 186:22,23 187:6 264:19,20 cause 120:5,15,23 259:18 caused 27:17 93:20 104:23 114:22 115:19 189:16,18 216:3 220:12 Causeway 1:23 2:8 4:22 causing 209:6 CBS 4:3 CCR 5:15 6:21 cement 157:12 center 22:6 23:18 23:20,22 26:9,17 100:8 112:23,24 121:9 178:6 centers 150:7 centrifugal 75:18 83:12,14 84:7 230:25 231:2,4,10 231:15,18 248:13 certain 44:8 99:11 225:6 231:20 certainly 94:24 98:3,4 140:9 168:21 263:12 certificate 27:19 277:2,23 certificates 149:16 149:18,22 certification 6:12 Certified 5:16 6:21 277:6,21 certify 277:7 CGN-25 147:9 chain 78:17 chance 118:8 change 87:14 92:5 92:21 138:19 139:5 142:9 195:21 216:24 270:6,8 changed 92:19 143:21 190:1 210:19 217:20 changing 90:16 93:20 135:4 137:16 140:15 179:15 190:9 193:21 209:18 230:20 CHARLES 1:20 8:1 Charlie 64:16,18 cheap 58:2 check 59:21 Chicago 67:15 chief 79:18 218:18 219:8,12 chief's 219:12,20 children 27:24 28:1 199:8 choose 260:13,15 chop 142:21 chronological 202:14 cigarette 129:10 200:22 cigarettes 200:24 circle 172:7 city 20:8 Civil 1:7 6:6 277:14 civilian 89:22 94:12 105:20 claim 198:9 clarifications 265:7 clarify 76:3 96:18 159:3 230:5 267:11 class 56:10,11,19 57:2,20,21,23 58:10,16,21 61:17 61:19 62:6,14 145:10 146:1 206:21 207:4 208:3,7 210:8,18 classes 24:21 56:18 classification 193:5 classified 147:11 147:14 clean 32:18,19 137:23 141:19 173:9 cleaned 108:3 clear 55:19 245:24 245:25 Clearview 1:21 8:2 24:25 25:7,10 28:4 Clement 1:23 2:5,7 client 227:16 240:6 clients 64:1 144:23 227:16 275:2,5 clinics 201:3 close 14:25 61:22 62:1 90:18,21 165:18 clots 27:14 CLVS 5:12 co-workers 64:17 coating 143:18 Code 277:14 cold 73:19 123:6 133:15 188:24 189:3,16,20 231:22 256:10 collateral 199:3 college 25:5 29:10 201:19 colloquy 20:1 38:4 47:8 48:24 Colony 4:15 color 71:17 84:6 136:7 143:14,21 143:22,24 164:15 167:21 172:3,18 172:23 196:7 232:14,16 234:5 238:3 241:11 249:9 colors 71:22 Colton 12:15 combat 148:21 149:11 combining 110:16 come 21:9,12 22:8 22:10 23:25 29:24 48:10 53:5 63:23 79:18 80:12 100:14 111:11 137:1 142:19 157:6 160:10 179:24 183:2 254:24 262:24 coming 139:22 189:13 commanding 148:20,22 comment 49:23 comments 11:18 49:14,14 common 75:17 159:19 161:6,8 178:15 commonly 79:4 communications 127:22 companies 118:25 119:6 121:1,5 247:8 companies' 229:6 company 66:21 161:12,21 163:8 170:18 257:7 270:19 compared 79:1 159:22 187:13 compartment 18:15 compartments 225:20,23 258:22 260:2 complaint 98:9 completely 20:8 compliance 277:12 277:13 complicated 39:20 component 102:3 Comprehensive 211:24 compressed 88:18 136:4,19,21 138:14 141:23 142:2 180:14 182:14,18 184:2 compression 219:5 compressors 67:23 67:25 68:7,8 154:20 comprises 221:22 computer 23:14,18 23:23,25 24:3 29:24 30:2,7 computerize 212:21 computers 23:15 23:17 65:10 212:23 concern 33:4 concerning 118:24 concerns 33:2 concludes 273:18 conclusion 43:12 condensate 89:7,9 89:13 91:6 189:8 condensater 89:14 condensation 189:12 256:12 condenser 88:24,25 89:4,6,7,8,15,16 89:17 92:9,13 93:3,4,6,16,25 94:4,13,17,20 95:10,17 96:19,23 96:24 98:2 266:2 condensers 92:4 97:9,11,14 condensing 231:24 condition 24:7 conditions 27:7 conference 144:15 conflict 259:4 confused 220:15 239:11 congestive 27:19 connect 182:3 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 281 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 282 connected 220:11 connecting 180:3 connection 140:25 181:8 conscious 130:2 consider 19:19 considerable 253:20 260:19 considered 39:1 40:9 148:25 constraints 124:25 constructed 168:25 172:16 consumes 253:20 contact 199:20 contained 20:8 83:3 86:2 178:20 183:18 191:20 209:1 216:2 container 137:9 contents 207:3,14 210:2 CONTINENTAL 2:12 continue 21:3 130:3 CONTINUED 3:1 4:1 5:1 continuing 57:3,5 128:16,17,19 199:4 212:13 continuously 116:24,25 117:13 229:11 253:18 266:1 contractors 204:8 contracts 45:25 173:19 contractual 277:14 control 44:1 116:12 controls 101:15 conversation 101:21 conversations 101:24 cook 224:23,24 225:1 cool 107:25 cooled 107:24 141:4,4 cooler 107:25 108:4 cooling 192:6 252:22 Cooper-Bessemer 213:3,6,13 220:11 223:14 copper 195:17 copy 238:5 corkscrews 141:8 corner 201:13 CORP 1:11 2:20 3:3 4:3,4,12 Corps 146:2 correct 14:10,13 18:8 20:16 22:11 22:17 24:16,22 25:1,2,20 26:23 28:15 30:11 31:11 32:10 33:14 35:11 36:12 37:14,18 38:20,23 40:2,22 41:1,23 42:17 43:8,19 52:5 55:1 56:2 58:17 62:6 64:20 65:11,25 70:9,14 73:24 75:1,4 77:2,14,19 81:1 82:22,23 83:1 89:18 90:8 91:16,19 92:15 99:13 100:12 101:4 102:11 104:9 106:9 107:2 107:7,8 108:25 112:4 117:9 118:12,16,20 119:22 121:2,18 129:25 130:3 132:3 133:15 156:11 170:8,9 176:16,21 192:1 196:21,24 197:10 198:2,6,8 203:13 204:2 215:22,25 223:5 224:6,17 227:17,22 228:6 240:12 247:14,15 250:9,21 251:11 252:19 254:3 258:9,10 261:4,5 261:8 264:16 267:6 271:24,25 275:15,20,25 276:4 277:11 correctly 15:3 100:11 105:3 108:8 161:7 173:2 195:14 219:14 corrosion 90:10 190:8,9 231:25 counsel 6:3 41:16 47:9,22 48:25 60:9 277:15 Counsel's 49:14 couple 9:6 133:5 140:12 149:18 162:24 163:1 202:23 265:6 course 27:3 79:9 91:13 115:12 143:19 148:2 208:15,17,17 209:23 212:23 216:19 259:25 272:11 court 1:1 5:16 6:21 8:4 59:2 277:6,21 court-martial 40:6 cousin 166:24 cousin's 167:3 cousins 165:19 cover 25:15 192:18 221:5 237:24,25 craft 13:18 85:11 151:24 185:1 252:14 253:2,6 254:1 264:15 crafting 264:18 crane 4:19 131:6,7 131:17,18 132:11 132:14,17 133:17 133:19,20,21,25 134:17,19,21,25 135:17 137:12 138:20 139:5,6,18 140:8,16 142:10 142:25 143:4 163:5,7,8,9 172:11 270:19 271:11 cranes 155:14 crankcase 219:3 crannies 156:8 crate 261:12 crates 182:1 created 204:14,19 205:16 206:14 creating 231:25 crew 21:15,16 35:20 36:7,11 148:24 254:9 crisis 14:23 151:25 177:6 Croix 125:14,21 126:2,21 cross 63:24,25 crossed 31:1,5 CRR 277:6 cruise 200:18 cruiser 147:9,11 cruisers 58:13 cruises 200:19 Cuba 151:25 Cuban 14:22 177:6 Cummins 186:7,9 186:17 187:5 264:18,21 cure 49:18 50:16 110:24 current 198:19 currently 26:7 251:23 cut 90:10 137:6 157:11 164:2,4,5 218:16 cylinder 214:25 215:5,10,11,14,20 216:6,8,11,13,13 216:19 217:25 218:1,1,11,25 219:3,3 221:2,5 222:16 224:3 cylinders 220:17 220:20,20,24 222:8,19 D D 4:14 5:15 6:21 7:1 149:5 277:6 277:20 D-A-I-G-L-E 167:5 D-Day 146:17 D-U 67:3 D-U-R-I-O-N 67:13 dad 27:9 Daigle 167:4 daily 139:11 dandy 159:7 danger 31:5 45:4,4 45:5 dangerous 30:10 dangers 31:9 32:2 32:9 dark 136:10 data 242:4 date 14:20,21 64:25 265:12 dates 14:25 17:3 21:6 David 2:14 176:13 day 17:13 91:8,9 94:16,25 95:14 112:5,5 113:9,10 113:11,12 114:2 114:19 115:24 116:20 121:15 129:5,8 167:2 223:2,4 day-to-day 17:10 days 17:13 94:19 94:21 95:4 214:9 222:21,25 DD-214 148:3,7 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 282 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 283 deal 8:12 63:22 141:6 212:20 229:6 236:12 dealer 29:14,15 Dean 69:11 death 27:17,18 December 1:25 decided 12:6 52:15 201:17,19 decision 130:2 decks 18:16 225:24 Defendants 227:12 265:10 defense 60:13 63:3 63:14 defined 277:14 definitely 51:10 82:19 degree 23:10,13 25:16 201:20 DeLaval 66:2,6 70:8 240:12,13,15 240:21,24 241:2,6 241:9,13,16,19,23 242:1,5,8,10,14 242:17,22,25 243:4,6,14,16,17 243:21 244:9,12 244:16 267:12 deliberately 40:4 delivered 80:22 257:16,16,20 261:16 department 13:13 200:5 depend 44:10 52:12 107:18 depended 188:23 228:25 232:17 260:11 dependent 199:9 depending 191:24 depends 35:6 86:12 deposition 1:18 6:4 9:18 10:6,16 11:20 12:1 59:6 59:15 60:2 64:2 127:24 156:15 273:19 274:6 depositions 124:17 describe 71:16 105:17 136:2 142:15 147:25 154:1 167:17,21 171:23,24 172:2 185:1 221:2,2,21 228:17 238:17 described 56:23 71:10 74:6 91:19 138:4 180:5 182:7 186:18 191:6 248:12 249:25 255:12 272:12 describing 77:1 design 46:2,4 designed 51:21 107:4 designing 48:16 desire 54:22 destroy 35:11 destroyer 56:14 58:10 146:25 147:4,8,14,18,18 147:21 destroyers 56:19 56:20 57:20,21,22 58:6,9,11 detail 23:6 30:9 70:18 103:10 121:17 198:17 details 13:6 determine 115:16 215:7 274:14 DEUTSCH 3:4 5:4 devices 141:8 dexterity 114:12 diagnosed 165:22 166:11 diagnosis 166:6 diameter 133:1 dictated 38:23 40:25 die 27:11 died 27:10,12 165:19 Diego 22:19 177:17 178:7 202:17 208:13 diesel 108:25 179:17 186:7,9,17 187:2,6 204:24 214:6,8,9,14 215:1 216:7 247:22 248:2,2 255:20 264:18,23 diesel-driven 109:3 diesels 206:15,15 216:5,16,17 264:21 difference 56:13 147:21 181:20,20 189:9 238:22,25 239:12,13 247:24 256:7,7 different 8:21 11:1 78:18,23 95:9,20 96:21 146:9 157:22 172:23 177:25 185:2 189:4,11 191:23 196:2 200:16 201:25 214:12,19 228:19,19 240:6 251:22 263:10,20 differentiate 109:22 differentiating 39:25 103:4 differently 38:14 43:18 dimensions 152:7,9 152:16 154:2 168:15 direction 277:10 dirt 137:21 180:13 disagrees 47:22 disastrous 34:25 discharge 148:4 149:16,22,25 discipline 36:25 37:3 39:7 discoverable 10:12 discovery 1:18 6:6 discretion 44:11 discuss 61:5 62:22 63:2 198:12 discussed 63:15 99:2 156:15 275:14 discussing 197:17 discussion 8:15 20:23 63:9 87:19 144:13 217:6 disease 27:9 165:23 165:24 199:25 disinstall 103:12 disk 8:6 87:22 132:1 217:4,17 disks 216:25 disobey 39:23 distance 158:6 215:3,4 distill 20:9 distinction 25:22 DISTRICT 1:1,2 disturb 105:5,8 disturbed 94:3 123:25 216:2 217:22 dive 146:21 divers 146:21 DL 147:1 DLGN-25 146:25 147:2 document 16:12 37:14 documentation 16:2,3,11 150:14 242:3 documents 150:15 200:16 DOGAN 4:20 doing 10:17,20,25 14:22 29:5 48:1 58:15 63:25 65:9 65:10 85:20 88:2 90:13,14,15,15,19 91:6,11,14,15 92:25 94:8 95:1,3 95:10,16,24 100:6 101:12 111:20 112:5,6,22 113:2 113:7 114:1,20 117:11 120:20 139:9 158:1,2 180:17 193:7 202:10 217:14,14 225:16 228:20 250:15 269:17 dollar 58:3 doubt 83:10 274:5 downtown 23:21 dozen 140:12 162:24 163:1 191:3,3 dozens 233:7 253:16,16,17 Dr 166:16 drafted 150:4 draw 48:12 drawing 231:22 drawings 82:5 dreadnoughts 57:24 dream 169:16 Dresser 69:3 drew 51:17 53:2,18 drill 208:19 drilling 255:5 drink 9:12 drinking 20:9 drive 108:19 121:14 driven 108:24 109:7 drop 137:19 drove 103:2 108:24 166:24,24 213:16 255:22 drydock 203:7,9 due 39:14 Durco 69:9 Durion 67:1,5,5,9 67:11,13 dust 124:9,12 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 283 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 284 180:18 204:19 205:16 232:17 272:23 273:7 duties 89:3 253:11 254:23 duty 18:4,5 21:10 21:15,18,18 148:11,20 150:11 151:15,17 DVD 87:16 131:2 E E 7:1 E-2 145:23 E-5 145:23 earlier 64:9 65:15 73:22 74:6,20 81:6 84:25 131:16 134:14 135:4 137:14 140:14 147:23 180:5 245:23 247:6 248:12 251:18 255:12 272:13 early 16:21 129:16 261:22 earning 198:13 earnings 29:18 earthquake 15:6,8 15:11 easier 29:14 easily 79:13 150:16 150:17 East 166:19 201:3 201:9,11 EASTERN 1:2 eat 9:12 18:12 20:12 224:22,24 225:2 eating 18:15 Eaton 2:21,22 7:9 188:7,8 191:4 195:1 197:1 economist 198:12 education 23:6 effect 16:3 efficiency 219:2 effort 253:20 egg-shaped 215:2 219:1 eight 13:13 21:19 76:13 83:6 91:12 91:13 94:14 97:17 104:14 113:12 114:2 125:4 159:12 162:25 176:17 183:21 187:15 201:15 220:19 229:12 259:25 Eighth 12:11,25 24:18 either 16:21 24:8 70:20 71:19 83:18 95:20,24 97:9 103:19 106:12 125:8 169:1,3,4 172:7 192:7 218:21 250:20 252:1 257:7 258:7 264:24 electric 99:22 100:3,16,18 102:10,18 106:13 106:17 109:13,24 110:9 111:1,5 112:1 118:15,16 119:14 120:5,12 121:22 electrical 45:4,5 106:3 112:2 114:11 213:17 electricity 20:9 102:23 103:1 203:23 213:18 eligible 24:12 eludes 66:10 email 126:3,4,9,10 126:10 emblem 172:21 175:17 emergency 150:25 employed 198:3 employee 97:22 100:3,19 101:25 134:22 239:24 244:15 employees 89:18 89:21,22 97:25 98:12,15 99:20,22 100:6 101:7,11 102:7 111:20 113:7,15 114:20 184:7 194:7 223:14 249:22,22 employment 65:4 65:10 empty 155:11,13 encased 70:13 71:11 enclosed 111:24 ends 25:17 137:18 137:20 141:12 ENERGY 1:10 4:4 eng- 122:7 engine 13:21,24,25 84:22 85:6,7,12 86:19 95:5,7,9 111:21,23 114:25 115:2 116:4 134:2 134:4,8 145:19 151:9,14,14,17 152:1,4,6,17,22 152:22 153:1,22 153:24 154:6,8,23 155:21 178:12 179:4,11,20 181:17,18,21 182:10 185:17 186:9 192:23 209:1,13 215:15 215:17,19,21 217:21,23 220:10 220:16,19 224:4 231:21 232:1 236:5,8,11,16 253:7 254:9,10,13 254:14,16 255:19 267:5,12,17 268:2 268:8 269:5,16,24 270:12,20 271:1 271:11,19 engineer 51:25 122:8 engineering 13:12 45:18 51:24 156:2 engineers 46:2,3 51:21 engineman 145:15 177:22,22 178:5 206:20,22 207:4 208:2 209:7,21,24 223:8 enginemen 215:21 217:22 engines 178:13,14 178:20,23 179:1 179:14,23 180:22 185:13,14,25 186:5,17,22,23 187:6,12,18,21,23 202:3 204:24 213:10,14 214:16 214:21 215:1 216:3 221:19 222:17 264:17,20 264:25 268:19 enlisted 12:21 13:3 enlistment 150:1 enlistments 149:23 ensure 58:20 61:16 entailed 107:17 enters 144:15 entire 12:22,24 13:1 33:21 36:7 40:14 91:8,9 93:13 96:9 115:10 154:9 223:2 entirely 18:18 33:20 229:25 entities 187:24 entitled 50:2,15 environment 231:24 232:18 equipment 41:1 45:14 46:7 51:20 53:17 54:11 78:24 79:2 90:8,19 91:16,23 92:2 95:22,25 96:7,11 96:13 97:1,18 98:18 99:1 100:20 102:4,21 108:6 109:12,13,17,25 111:5 115:8,9,11 116:3,21,22 117:2 119:9,13,21,24 120:25 121:4,21 145:18 146:22 155:15 157:22 163:19 164:19 188:11,12,18 189:13,22,25 191:10,12,16,18 191:25 192:12,16 192:20,22,24 193:16 194:10,11 194:18 195:22 196:6 209:4 222:6 225:10,15 230:19 255:3,10,21 269:18 equivalent 146:1 era 39:11 escort 58:11 ESQUIRE 2:6,7,14 2:22 3:5,12,19,20 4:6,14,21 5:5 essential 107:1 essentially 17:1 20:7 23:21 24:20 25:1 27:11 37:11 37:20 43:17 57:25 102:22 103:12,17 109:21 114:15 116:17 126:4 154:21 193:7 243:4 established 199:7 estimate 139:4 152:11,21 175:22 201:24 222:14 estimates 153:15 ET 1:11 event 56:16 181:12 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 284 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 285 everybody 57:4 59:8 148:3 262:20 everyday 139:8 evidently 51:4 exact 16:2 246:5 exactly 82:9 89:3 105:25 112:18 113:14 114:1 116:6 119:1 262:22 EXAMINATION 7:3,4,5,6,7,8,9,10 7:11,12,13,14 8:8 8:17 11:24 17:17 17:25 19:9 20:4 21:2 31:7,17 32:5 32:17 33:11,23 34:17 35:9,18,23 36:9,19 38:12 39:6 40:19 41:9 41:19 42:9,22 43:6,16,25 44:16 46:11,20 47:17 48:9 49:17 51:2 51:16 52:23 53:13 54:4,23 55:7,18 56:8 57:17 61:6 61:13 62:2,11 64:5 65:24 67:12 68:5,21 71:1,9 74:16 75:20 76:2 80:9,24 84:14 87:24 91:4 99:19 101:5 107:12 110:7,25 112:21 117:25 120:13,21 122:22 123:11,20 125:20 128:22 129:23 131:4 144:19 158:25 160:20 165:16 166:5 176:11 181:13 183:13 188:7 191:4 195:1 197:4,22 198:18 199:5 212:16 217:19 218:9 219:19 220:8 224:15 226:4,20 227:3 228:5 229:21 235:18 239:8 243:13 244:1 245:1,14 247:2 257:13 262:10 263:25 264:12 265:8 266:6 267:2,10,16 267:25 268:7,17 268:25 269:21 270:7,18,24 271:6 271:10,17,23 272:3,10,20 273:5 275:10 examined 201:6 example 155:20 exception 182:8 excluded 181:5 Excuse 159:1 171:12 216:24 exhaust 180:7,21 181:9,24 182:3 expansion 195:23 expect 54:22 expected 31:4 37:17 38:7,14,19 38:22 39:15,16,18 40:2 expects 39:7 expenses 25:15 expensive 52:9 experience 115:4 177:14 212:25 213:6 experiences 115:4 expert 30:3 expertise 48:14 experts 48:16 explain 16:25 18:10,20 19:12,20 21:8 23:6 37:9 42:16 56:19 57:18 89:2 103:10 105:24 148:5 178:24 179:4,22 180:9 181:14,22 186:14 explained 9:7 180:10 181:2 explaining 181:8 256:8 explore 112:20 exposed 22:3 28:19 28:22 93:21 96:6 103:6 104:23 110:8 111:6,14 114:23 115:19 119:4 171:9 174:9 179:18 180:6,23 216:4 220:12 266:14 exposure 96:10 99:7 118:5 139:19 139:22 181:3 188:15 197:12,15 206:14 209:22 225:23 244:5 exposures 118:11 118:15,19 extent 35:6 44:8 extenuating 73:4 exterior 191:10,15 196:6 external 170:19 249:6 extreme 90:10 123:5,6 extremely 19:17,19 F facility 25:19 101:8 115:14 121:6,23 197:23 246:24 fact 35:19 37:2 48:15 53:4 62:3 107:4 140:2 199:23 204:9 faculty 23:16 failure 27:19 40:8 faint 226:19 fair 16:5,9 34:21 40:11,20 42:25 44:3 53:14 92:17 94:9 95:12 96:4 96:12,25 100:22 100:24 104:1 116:16 118:6 119:16,18,19 122:11 131:13,15 132:15 170:16 fairly 28:5 61:21 62:1,1 fairness 108:22 110:20 falling 216:20 familiar 23:14 66:23 83:7 97:19 105:20 183:22 185:25 200:8 207:2,13 210:1 211:20 220:16 family 25:25 64:15 165:10,21 far 133:3 158:3 179:3 181:23 fast 145:2 father 27:1 165:5 father's 165:4 fatigued 226:9 favorite 200:21 February 129:1 Federal 6:6 59:2 feel 9:16 143:9,10 226:19 feeling 9:11 feels 83:8 feet 90:23 91:3 133:6 152:14,14 152:15,15 153:24 154:4,5,5,10,13 158:7,9 fellow's 127:17 fiber 158:11 fiberglass 105:21 fibers 157:1,20 180:18 fibrous 182:12 field 153:7,10 fighting 190:9 figure 148:16 filed 124:13 filing 6:11 fill 15:23 88:3 filters 179:15 finally 211:7 financial 199:9 find 85:9 150:17 fine 34:14 49:21 57:10 61:4 76:1 117:24 159:7 167:2 168:12 175:10 217:14,15 233:11,13 257:22 finish 21:8 32:21 49:23 63:24 75:23 84:4 130:13 finished 63:19 finishing 63:18 fire 34:24 35:6,10 36:7,11 231:12,21 253:9 255:24 259:8 fired 259:17 fireman 206:19 207:7,11,14 fireproofing 33:14 33:25 fires 33:4,12 34:1 35:8 first 12:14,18 13:18 13:22 14:12,19 22:18 23:11 56:16 73:6 85:10,13 124:7 151:22,22 160:13 166:17 170:2 205:12 214:15 236:22 242:16 245:21 246:11 fit 157:11 164:4 fits 46:7 five 65:19 127:10 153:1 159:11 227:1 245:5,6 five-story 153:2 fix 79:19 85:9 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 285 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 286 203:4 251:3,3 255:4,9 fix-gap 251:1 fixing 192:20 flange 104:1,2 135:8 137:15,16 138:20 139:4,7,10 140:2 173:9 180:12,15 flanges 88:7 93:10 103:17 137:23 flashes 189:19 flexible 141:9 Flexitallic 162:2,5 162:6,12,14,15,19 flip 237:11 flowed 192:9 flowing 195:3 196:19 fluids 44:24 flushing 231:12 flying 150:21 focus 21:5 167:20 folks 193:10 follow 38:19 39:16 39:18 40:2,4,21 41:20,23 42:16 45:15,17 56:1 follow-up 227:13 273:16 followed 40:25 55:12,23,24 following 23:11 42:15,24 follows 8:4 food 130:10 224:23 224:24 225:2 foot 133:7 football 153:7,9 force 142:6 fore 215:3 foregoing 277:9 foresee 32:2 forever 190:9 forget 15:7 form 10:14 17:6 30:13 31:13 32:13 33:7,16 34:4 35:2 35:13,22 36:1,15 39:4 40:13 41:3 41:12,25 42:20 43:2,10,21 44:5 48:19 49:6,9 53:8 53:25 54:14 55:3 55:14 56:4 58:23 68:4 74:4 75:10 80:4,14 84:10 90:25 97:5 99:15 101:1 107:10 110:5,14 112:8 117:21 120:7 122:18 123:1,16 128:13 129:18 130:5 158:16,21 166:3 180:25 181:4 182:25 190:20 197:20 212:10 218:4 219:17,23 224:10 227:24 235:16 239:3 243:11,24 257:11 262:6 266:21,24 267:9 267:15,20,22 268:4 269:7,11,13 270:4,15,17,23 271:9,14 272:25 273:4,10,12 formalities 6:9,11 format 277:12 forms 166:12 forth 45:1,5 82:6 83:16 116:13 132:2 148:13 156:5 256:1 277:9 forths 60:12 Fortunately 177:11 forward 245:4 Foster-Wheeler 1:10 4:3 88:22 89:4 90:19 91:16 91:23 92:2 93:7 95:16,22,25 96:8 96:10,14 97:22,25 98:12,15,25 99:3 118:11 119:12 120:23 121:22 four 13:13 18:3,9,9 72:22 104:15 109:1 131:18 146:3 151:4,9 154:22 159:11 197:16 200:19 213:13,20 214:16 214:18 247:19,21 259:24,25 263:20 275:13,18 fourth 13:20 22:21 86:18 frame 14:15 Francis 12:20 Francisco 206:5,7 Franklin 12:16,17 free 9:16 freezers 192:17 196:1 frequently 44:12 104:12 fresh 73:16 123:8 255:25 256:3 freshwater 72:11 231:13 friend 127:14 friends 64:17 FRILOT 4:5 FRITCHIE 2:13 front 16:4 frontis 238:1 frost 189:15 frosting 189:15 frosty 189:23 fuel 72:11 214:6,9 214:12,14 219:4 231:6,17 249:13 255:12,24 fuels 214:13 FULCE 2:21 full 44:1 58:9 83:19 153:23,25 200:1 function 107:6 249:11,12 fundamental 37:12 fundamentally 52:8 further 87:5 130:18 future 98:10 G galley 224:19,22 225:1,6,11,24 231:14 galleys 225:10,16 gap 15:23 246:6 247:4 Garlock 161:21,24 gasket 88:10,11 103:24,24 104:2,5 104:6 135:21 136:1,2,8 137:2 137:16,24 138:3,7 138:9,10,15,16,20 144:4 161:24 179:24 209:19 gasketing 257:8 gaskets 88:6,8,9,12 103:25 104:9,10 135:4,8 136:9,12 136:16,23 137:1 137:15 139:4,7,10 139:20 140:2 162:13,16,20 175:3 180:4,7,21 181:9,19,23,24 182:9,10,11,20,22 183:4,14,18,24 257:18 258:3,4 271:12,16 272:5,9 272:21 gate 132:1,4,16,19 132:24 133:2,2,8 133:12,25 135:14 135:14 gauge 218:10 222:15 GE 4:3 100:24 GE's 119:23 gear 75:19 83:15 231:2,5 248:13 geared 56:9 gears 165:3 243:4 253:16 gee 216:9 general 12:4 14:6 14:15 16:18 23:10 32:6 33:2 37:21 38:7 42:13,14 54:24 84:8 99:21 100:3,15,18 102:10,17 106:13 106:17 109:13,24 110:9 111:1,5 115:23,25 117:11 118:14,16 119:13 120:5,11 121:22 201:12 205:14 229:14 260:24 265:23 generally 12:7 64:11 136:9 159:6 182:1 186:5 207:2 207:13 231:6 251:3,24 252:6,7 254:21 256:9,11 264:22 generation 103:1 generator 100:7 101:20,23 102:18 102:22 103:13,15 105:25 106:2,3 108:1,2,7,13,16 111:23 114:5,9 115:3 134:12 213:17,18 254:12 generators 101:14 103:9 106:25 107:14,20 114:3,4 114:7,8,18 116:9 116:10 134:6 155:10 187:2,3 255:20 generic 222:12 gentleman 10:1 42:2 gentleman's 34:6 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 286 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 287 58:25 gentlemen 124:19 125:7 247:11 Gerolyn 2:6 49:7 130:10 198:8 getting 9:19 50:11 89:16 112:1 140:4 197:5 212:6 214:10 226:9 GI 23:9 25:14 gig 185:11 give 8:12 16:18 34:10 39:22 44:13 44:18 70:10 83:22 119:3 127:9 152:20 215:20 227:1,1 249:16 257:1 given 1:22 37:5,7 40:1 58:21 115:24 116:20 124:16 gives 38:18 269:18 giving 53:10 gland 140:18 228:21 globe 132:7,8,17 glued 124:3 GM 106:12 go 11:15 12:6 19:12 21:10,11,12 23:5 24:10 30:8 32:21 32:25 47:13 55:1 55:8,19 59:16 60:4,21 62:12 64:10,11 68:11 78:20 80:17 85:8 87:12 88:1 107:19 111:18 116:5 135:24 136:17 139:16,17 140:5 141:6 145:7 149:13 151:13,24 176:5,7 177:10 196:3 197:8 198:16 201:19 202:14 205:8 207:23 208:8 209:8 211:1 216:8 216:10 218:17 223:25 224:2 227:9 228:23 245:4 255:17 266:10 275:7 goes 12:1 going 8:10,20,25 9:14 10:7,8,10 15:24 16:6 19:7 19:12 21:3 28:17 32:19 42:4 49:2 50:14 54:6 56:1 56:25 59:1,17 62:12 63:20 73:13 87:4 88:1,3 94:22 99:20 100:1,14 102:13 110:24 112:10 118:8 123:9,13,21 126:12 130:14,16 139:3,17 144:8,24 145:6 167:15,16 169:11,16 171:15 172:3 175:6 177:10 178:10 189:24 201:18 212:13,21,22 217:5 227:12 234:25 240:9 241:23 245:3,16 245:21 247:5 250:25 253:19 255:7 263:9,17 274:13,19 275:4 good 176:12 188:8 208:21,21 218:12 Gorman 68:18,22 Gould 70:7 74:8 Goulds 3:17 66:2,9 69:24,25 70:4 71:3,12,14,17 72:4,15,21 73:6 73:10,14,20 74:2 75:4,8,21 76:5,5 76:17,18,23 77:7 77:11,14 82:16,21 82:25 83:11 84:15 84:20 268:18 governed 43:18 government 115:15 governor 101:15 101:16,17 grade 214:7 grades 12:14 graduated 149:19 209:10 210:19 Grand 223:1 graphite 143:11,18 GRAPPLE 13:15 15:1,2,5,10,24 109:4,4 127:20 131:20 146:18,19 151:10,16 154:2 186:24 188:13,19 207:16,24 208:4,5 208:9 210:4,10 213:7 223:7 232:25 234:20 240:24 246:10 254:19 264:21 gray 136:9,10 138:17,18 143:15 143:19 178:12,13 178:14,20,23,25 179:4,11,14,20 180:22 184:7,11 184:18,22 185:15 185:17 186:3,6,16 187:5,23,25 196:10,15 232:16 grayish 232:16 great 15:6 23:6 124:23 141:6 178:5 209:7 greater 215:4 greatly 129:7 grew 12:8,10 GSB-8 213:14 220:16 guarantee 117:5 229:15 guess 15:11 30:20 34:12 81:11 115:16 129:7 142:19 145:12 152:14 154:12 155:19 160:17 175:22,23 guessing 250:7 guidelines 277:13 guns 156:3 259:8 259:17,21 guy 127:19 guys 127:10 H H 125:14 hair 142:18 half 15:12 129:8 148:24,24 152:6 153:13 154:25 155:6 190:15 251:7,9 252:12 256:16 half-inch 195:16 hall 224:24 225:2,5 225:8 hammer 136:6 138:1 180:16 184:3 hammers 88:13 hand 10:21 handbook 54:3 handful 124:24 handle 163:15 handled 160:24 164:12 handlers 78:19 handles 141:9 hands 51:23 hands-on 92:2 113:18 192:25 208:17,23,24 209:16 happen 8:25 35:20 252:10 261:1 happened 43:19 44:2 124:8 246:19 266:4 happens 21:9 Harbor 22:20 207:21 223:23 hard 139:3 harder 72:1 harm 120:5,15,23 harmful 262:2 HART 5:11,12 Haskell-class 176:20,23 Hattiesburg 2:24 Hawaii 22:20 hazards 44:25 45:1 head 47:20 68:13 72:25 83:13 99:23 126:19 174:14 182:23 194:19 200:9 216:13,20 221:5 239:19 258:24 272:18 heads 21:17 healing 27:13 health 27:6 hear 32:20 144:21 heard 36:6,7 37:20 41:15 66:16,18,25 161:22 162:5 238:24 239:4 256:21 heart 27:15,19 heat 111:25 123:5 heated 141:3,4 heavy 155:14 held 8:15 20:23 63:9 87:19 144:13 217:6 227:6 Hello 64:6 help 23:23 24:1 148:16 166:21 168:4 198:5 helped 167:13 Henry 166:18,18 hereinbefore 277:8 hereto 6:3 Hey 101:17 hi 144:20 275:11 high 12:15,16,20 12:21 231:23 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 287 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 288 higher 260:13 Highland 4:15 Highway 25:2 hip 27:12,13 hired 23:17 204:7 historical 242:4 history 12:4 36:8 79:14,20 128:23 137:12 165:11 177:13 230:3,8 235:6,9,10 242:1 242:5 261:3 hold 226:6 227:5 246:5 holes 88:3 holocaust 39:15 home 16:12 22:16 22:18,20,21 24:9 24:10 25:17 28:4 29:1 147:25 167:2 197:5 199:13,14 200:3,17 202:17 207:20 210:21 223:20 235:19 honest 31:1 honestly 162:1 268:23 honorable 149:16 149:21,25 hook 30:4 179:25 horizontal 84:16 171:2 234:3 241:14 248:24 hospital 12:10 15:20 201:12 hospitals 201:2 hot 73:19 189:5 256:9 hotel 20:11 hour 94:15 113:12 114:2 138:25 218:12 hours 17:13 59:3,7 59:12,16 60:3,23 91:10,12,14 216:10 house 26:19 28:10 28:12 105:22 150:17 166:25 housing 160:12,14 Houston 150:21 166:24 how-to 37:13 HUBBARD 4:13 huge 15:8 117:1 150:21 152:18 192:15 205:11 Huh 158:19 205:6 hull 147:4 humid 256:10 humidity 111:25 231:23 hundreds 72:9 167:24,24 168:9 172:13 hydrographic 255:10 hypothetical 36:4 I I-10 30:1 Idaho 100:9 101:8 110:17 111:10,19 112:16,23 113:3 114:22 121:9,20 197:23 246:24 250:11 idea 12:4 120:11,19 120:24 149:6,8 160:15 177:8 187:10 189:9 223:12 248:7 249:1,4 257:1,19 263:4 identical 61:20 65:12 identified 65:19 69:25 72:23 131:16,19 135:3 iffy 39:20 II 39:12 159:23 214:1 III 3:5 illegal 39:14,19,23 Illinois 178:6 imagine 255:4 259:24 immediately 39:12 95:21 impinge 101:20 implies 163:14 imply 204:10 importance 40:10 107:6 important 218:23 219:7 imprecise 25:23 in-line 220:19 inch 195:7,10 215:4 inches 133:1 incident 266:4 included 254:16 270:8 including 6:5 74:8 income 198:20,24 independent 165:5 indicate 31:21 235:20,23 indicated 42:3,8 48:20 247:6 251:7 indicating 83:22 86:15 90:21 133:4 138:21 140:20 141:22 155:11 166:13 167:8 220:25 221:6,14 252:24 indication 221:17 individual 125:6 individually 220:22 industrial 165:8 informally 9:20 information 84:8 Ingersoll-Rand 66:15 inherited 28:12 injury 15:19 inlet 104:5 inside 90:7 135:11 136:12 153:5 216:16 inspector 55:23 inspectors 54:25 55:11 install 77:9 81:3 85:25 134:25 170:14 installation 227:18 installed 30:7 77:14 78:11 80:1 119:15 162:15 170:8,15 191:13 191:15 251:19 255:7 261:1 installing 77:11 80:25 143:8 163:4 236:19 242:14 251:16 256:17 261:7 installs 194:11 instance 14:7 107:18 123:10 168:8 212:7 214:25 instances 231:20 institutions 201:5 instruct 31:23 263:17 instructed 101:22 instruction 34:11 208:17 instructions 11:25 instructors 208:18 instructs 32:24 insulate 113:19 232:4 insulated 33:22 81:6 82:16,20 86:16 122:24 123:7,10 188:25 224:7,18 225:3 231:19,22 232:2 239:21 244:12 249:5 256:5,11,15 261:16 insulating 86:6 113:15 123:13 insulation 33:14,25 81:5,14,17,24 82:11,22,25 83:2 83:9 86:8,10,23 90:6 94:4,18 96:1 97:10,13 98:21 100:7 101:13 105:1,5,8,13,17 105:21,22 111:20 113:8 123:4,25 124:10 128:3 157:6,13,20 160:3 160:11,12,14 161:8 170:19 189:1,2,4,4 191:9 191:14,18,19 196:5,15,16,24 200:12 216:12 217:22 220:10 221:1,3,23 222:8 232:4,10,13 249:6 257:21 259:18 insurance 165:5 intend 63:16 intended 120:5,12 120:15,23 intent 120:9,24 interested 277:16 interests 213:5 INTERNATION... 2:20 3:3 Internet 24:15 interrupt 18:2 interruption 20:18 114:10 invented 58:1 inventing 212:5 inventories 214:13 involve 215:23 252:18 involved 181:22 251:6 259:3,5 272:4 irrelevant 10:11 11:21 18:24 59:5 60:4 212:12 IRWIN 2:13 issue 8:13 61:5 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 288 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 289 63:13 198:13 issues 27:16 63:3 It'll 29:24 itemized 29:17 items 79:4 189:3,5 192:8,9 J J 149:5 Jackie 64:6 jackrabbits 121:11 Jackson 69:15 166:18 Jackson's 166:17 JACQUELINE 3:19 January 12:10 14:18 65:1 246:8 Japan 211:16,17 Jeff 201:4,9 Jefferson 166:19 201:12 Jennifer 5:5 144:20 275:11 Jenny 27:2 jet 214:11 job 17:15 23:11 24:11 28:20,20 48:10 58:6 62:13 77:6,8 89:3 92:1 146:14 177:11 214:22 215:6,19 219:20 223:3 jobs 13:17 25:17 193:8 214:20 222:22 223:3 John 12:12 26:3 27:1 125:14 127:14 163:5,6,8 163:9 199:12,16 199:17 John's 199:19 JOHNS 5:15 6:21 277:6,20 Johns-Manville 160:2,6,10,14 161:5 join 45:23 46:17,19 52:18,20,22 229:20 joining 30:10,21 JONATHAN 2:7 journal 215:12 Jr 26:3 199:12 Judge 1:9 jumping 9:1 June 16:22 Junior 12:15 jury 16:25 18:10,21 19:15 21:8 37:9 56:17 105:24 148:5 K K-A-Y-L-O 161:15 K-I-L-E-Y 127:18 Kaylo 161:13 keep 60:11 106:4 125:8 126:1 127:2 147:25 156:18 180:13 221:8 KEN 5:12 Kent 200:24 kept 59:11 155:13 166:25 221:9,10 KERRIGAN 3:4 5:4 key 148:25 Khrushchev 177:9 177:11 Kiley 127:17 kill 121:11 kind 19:22 27:20 39:19 76:22 84:8 85:19 94:1 103:3 136:5 155:10 157:19 163:16 193:8 221:7 222:5 222:8 228:24 230:18 232:3 234:24 241:5,22 kinds 124:4 159:13 180:18 230:24 kit 181:14,18 183:2 183:5,8,14 kits 179:24,25 181:2,8 183:25 184:9,11,20 knee 15:19 16:21 knew 41:21 53:9 86:23 122:6 235:10 knives 141:14 knocking 60:22 61:1 know 9:13 10:9 12:14 16:1,5,8 17:14 18:16 19:15 19:21 23:23 24:24 26:20 27:21 28:18 29:22 30:6,22 31:19 34:12,13,21 38:8 39:16 42:12 44:13 50:7 53:4 54:18 57:19 59:2 59:12,13 61:11 66:12 67:23 70:18 71:21,21 72:4,8 72:10,24 73:17 76:9,17 78:3,14 78:19 79:14,16,19 79:24,25 80:7,22 81:7,8,12,13,15 81:16,19,23 82:3 82:5,6 83:2,5,7,8 83:11,14 88:7,15 88:16,19 89:10 90:1 91:21 92:8 92:18,20,24 96:17 97:4,7,13,16 98:14 99:11,18 102:6 104:8 106:10 113:24 115:5 117:11 119:23 121:25 122:4,6,8,12 123:7 124:19 125:2,2,5,8,23 126:16,18 127:6 128:2,6 129:21 130:10 131:12 132:10,13 133:17 134:14 136:11,15 137:11 138:6,8 139:2 140:13 141:23 142:19,24 143:2,3,6,13 144:3 145:5,6 147:22 148:13 150:22 156:21,22 156:23 157:18 158:10 160:19 161:12,20 164:7 168:10 172:5 175:2 177:13 182:16,21 183:15 183:17,20 186:3 187:21 188:24 189:18 190:11 191:8,13,19,21 193:18,24 194:17 195:23 196:10,23 197:13 199:22 205:9 206:6,7 208:18 213:22 222:5 224:21 225:5,9,12,18 230:2,7,9,10,14 230:15 231:13,25 232:3,9,11 233:9 233:21,24 234:2,5 234:8,11,18,20,24 235:3,6,8,25 238:2,4,4,5,10,13 238:22,25 239:12 239:13 242:7,10 245:18,25 249:8 249:11,14 253:3,4 257:14,15 258:18 259:3 262:15,24 knowing 65:16 120:1 122:3 knowledge 34:6 58:25 122:1,10 170:17,24 173:19 185:17 221:18 261:24 Knowles 1:10 known 25:21 64:18 148:19 261:2 knows 200:1 Korea 30:23 KUCHLER 3:10 L L 3:20 6:1 L-I-S-E-T-T-E 167:4 label 70:18,19 labels 76:16 222:7 laced 221:7 222:7 lacked 40:9 ladies 247:12 Lafreniere 26:11 lakefront 25:20 Lakes 178:6 209:7 land 121:7,9 185:7 185:9 land-based 121:6 121:23 landing 13:18 85:11 151:23 185:1 252:13 253:2,6 254:1 264:15,18 large 37:15 185:8 249:8 255:11,20 larger 138:23,24 185:8 250:8 252:16 255:13 largest 132:20,21 151:5 lash 179:16 late 16:19,21 57:24 lathe 208:18 lathes 255:8 Laval 243:21 law 6:7 lawsuits 124:14 lawyer 9:7 29:19 lawyers 60:13 63:4 layers 221:25 layout 156:1 LCMs 185:8 LCVPs 185:6 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 289 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 290 leader 146:25 147:4,14 leading 195:5 265:15 267:1 268:11 271:4 272:2,7,15,25 273:10 learn 21:24 114:5 leave 196:1 198:4 210:6 left 23:4 28:23 148:12 201:15 206:20 leftovers 159:24 legal 39:13,17,17 40:1,5,8,21 43:11 47:19 let's 8:18 56:18 63:6 68:11 111:9 111:11,18 127:15 130:13 167:20 176:5 188:17 205:12 227:9 245:6 250:10 264:14 266:10 273:25 275:7 letter 148:19 149:4 letters 148:23 level 61:18 76:19 79:18 121:25 154:18,19,19,21 155:8,9,11,13 253:14,22 liberty 205:9 250:20 libraries 134:16 238:9 library 54:10 195:19 license 115:14 life 23:4 37:21 44:15 179:2 201:2 lifelong 201:18 lifetime 98:24 230:9 lift 135:13 155:14 light 54:19 254:11 lighting 114:17 lights 106:4 limited 59:3 76:7 227:19 limits 39:11 line 40:14 52:10 57:5 168:7 195:12 195:13 220:20,22 262:19,20 liner 215:6 218:11 liners 215:1,10,11 215:14,20 222:16 lines 113:20 196:17 196:18,20 224:18 225:4 258:16,21 linoleum 88:18 182:15 LIQUID 4:12 Lisette 167:4,12 list 45:2 listed 65:4 lit 106:4 little 19:23 30:9 38:13 58:1 70:18 70:19 86:14 107:5 114:12 137:14 140:14 144:25 154:3,12 156:8 161:22 167:17 189:14 197:7 198:17 208:20 212:3,24 220:15 222:6 live 24:15 25:12,17 26:6 27:6 28:14 125:21 167:6 201:12 live-in 24:8 lived 24:17,20,25 28:3,8,13 203:15 lives 26:7,10 125:22 167:7 living 12:24 20:10 20:11 26:7,8,9,16 199:12,16,17 203:15 LLC 4:5 loaded 261:11 locally 201:9 located 22:15 25:19 84:21 133:25 166:19 173:5 175:13 192:22 236:4,7 242:11 locations 177:25 254:7 logical 13:11 202:14 logo 172:7 logos 168:4 long 21:19 22:21 46:7 60:12 90:4 91:5 92:21 94:12 104:16,19 113:3,6 116:14 138:19,24 141:8 142:8,18,19 153:6 154:5,5 174:18 195:21 204:6 210:22,25 211:5,15 218:2,10 229:22 275:1 long-term 235:10 longer 15:20 153:9 154:13 260:14 look 16:5 44:18,22 87:4 105:22 116:6 144:9 183:24 191:5 221:21 232:13 looked 43:7 83:21 88:18 105:17 141:8 142:16 163:16 184:1 looking 29:17 65:2 219:9 looks 83:8 105:21 182:15 loose 259:20 lose 9:2 35:19 36:11 losing 36:6 219:1,5 loss 198:9 lost 231:10 lot 8:10,20,21 9:18 10:10 44:24 59:3 59:23 70:17 78:23 139:24 157:7 159:24 190:7,8 197:9 219:1,9,11 227:15 228:20 229:16 232:16 243:1,6,17 250:15 256:21 lots 190:13,21 191:3 242:25 Louisiana 1:2,21 1:24 2:9,17 3:7,15 3:23 4:9,24 5:7,11 6:22 8:2 65:6,8,13 197:12 200:4 223:10 277:7,14 277:22 lower 38:19,19,22 154:18 155:8 LSU 23:20,22 24:13,14 28:20 198:22 LSUNO 23:9,18 25:19 lube 107:23 231:5 255:13 lubricated 143:11 lump 16:23 28:17 100:1 lumped 32:7 lung 165:22,22,24 226:11 M M 2:14 147:20 M-A-T-T-S-O-N 149:5 M.D 201:4 ma'am 72:20 160:8 164:10,20 170:1,5 230:17,21 232:11 233:23 234:1,4,7 235:2,21,24 236:2 236:21,24 237:2,8 237:19,21 238:14 239:15,23 240:1,4 240:22,25 241:4 241:10,12,15,21 241:24 242:2,6,9 242:15,18,21 244:10,14,17,19 244:25 machine 13:19 85:16,17,20,21,24 103:13 151:11 154:2 178:12 254:21,22,24 255:2,14 machinery 145:16 177:23 178:7 208:6,10 210:5,7 210:15 214:22 256:9 machinist's 145:13 145:17,17 210:17 211:8,11 machinists 151:13 Madisonville 167:10 Mag 1:10 Magali 3:12 227:11 Magazine 3:6 5:6 magazines 156:3 Magistrate 273:22 273:25 274:6,20 maiden 27:3 main 92:4 96:22 106:25 107:14 108:18 115:11 116:12 135:25 213:9 253:15,15 maintain 26:13 106:8 maintenance 21:13 107:5 116:21 117:12 124:11 137:11 139:9 159:22 179:5,17 184:13,16,17,21 186:12 211:18,25 230:2 235:6,9,13 235:20,23 237:22 242:1,4 261:2 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 290 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 291 major 98:6 140:3 208:1 250:24 majority 122:23 making 139:10 180:7,21 181:23 malignancy 165:22 Mall 200:23 man 38:19,19,22 39:8 274:9 managed 24:3 Mandeville 1:24 2:9 167:9,11,12 manifold 182:4 manipulating 96:1 manipulation 215:23 manned 17:12 manual 37:6,10,11 38:8,15,17 54:6 54:19 82:1,2,8 114:12 134:17,20 206:25 207:3,6,9 207:14 237:4 238:11 239:18 242:22 manuals 29:16 45:2,3,8 54:9,10 54:12 82:4,14 134:15,16 156:14 170:21 174:1,2,3 174:4 184:13,13 184:16,17,21 191:5,8 195:18 237:6 243:6,7,9,9 243:17 244:9 manufactured 88:14 89:9 92:7 93:6 96:8,14 99:11 104:9 106:10 128:2 132:17 136:11 138:6 142:24 162:12,13 182:16 182:18,21 183:15 185:14 187:24 232:9,12 257:7 manufacturer 45:18 51:19,25 81:25 88:16 98:7 102:19 136:16 138:8 143:3 156:14 158:10 174:22 191:14 196:23 257:3,19 manufacturer's 54:3 70:17 168:6 168:7 175:20 214:24 manufacturers 44:18 45:13 46:1 46:5 48:21 51:20 52:4,6,12,14 65:17 66:12 84:2 164:8 168:1 238:8 247:8 266:11,16 267:4 manufacturers' 45:2,7 manufacturing 255:6 Marine 146:2 178:13,14,20,23 178:25 179:4,11 179:14,20 180:22 184:7,11,18,22 185:15,17 186:3,6 186:16 187:5,23 187:25 Marines 146:14 177:10 Marlow 69:17 married 27:22 199:8 massive 192:18 mate 145:13,17,17 210:18 211:8,11 material 88:10,11 88:15,17,20 128:7 138:3,7,10,15,16 144:4 155:17 158:11 160:6,21 160:24 162:11 163:11,13,15,22 164:3,9,12 168:24 168:24 182:12,15 184:12 200:12 216:1 221:22 materials 113:19 184:10,21 191:23 200:17 208:25 258:7 matter 93:9 150:25 248:3,5 277:16 Mattson 149:5 mean 17:2 18:1,18 18:20 29:15 35:5 35:7 43:15 44:9 56:11 57:21 66:16 72:18 80:7 106:14 113:11 115:2 129:14 157:5 160:2 161:6 163:17 178:25 179:16 184:12 186:14,15 225:12 237:10 251:21 meaning 47:19 104:1 108:19 means 17:1 52:9 meant 251:24 measure 142:20 214:23 215:6,7,9 215:12,15 216:15 218:13,14,15,16 measured 215:18 measurement 218:24 measuring 152:12 216:9,18 mechanic 122:5,9 199:18 mechanical 14:1,3 17:15 29:5,11 44:9 85:3 184:4 202:10 Med 28:20 medical 23:20,22 150:6,7 201:8,10 medium 138:21 142:8 meet 25:18 64:7 184:7 194:4 223:13 Melancon 2:14 7:8 59:10 176:11,13 181:6,13 183:3,9 183:13 188:4 members 35:20 36:12 165:10 mementos 148:1 149:14 156:17 memory 238:21 men 62:5,13 mention 115:3 mentioned 65:16 66:2 80:25 147:23 167:18 178:10 184:24 219:8 264:13 266:16 mesothelioma 166:7 mess 18:16 224:24 225:2,5,8,24 messing 101:14 met 63:15 239:24 240:2 244:15 Metairie 4:24 metal 80:2,8 97:5 119:25 141:9,12 188:21 method 277:10 mic 218:10 mic'ing 217:23 Mickey 127:14 micrometer 222:15 micrometers 214:23 microphone 275:9 middle 15:18 64:15 218:14 260:3,20 mil 45:17 48:11 52:5,7,9 53:3 55:22,24 56:1 173:23 mile 121:14 miles 122:16,16 military 30:21 32:6 45:15 51:17,18 52:8,11 55:12 111:14 148:8 mill 45:19 48:11,16 208:19 Milton 69:13 mind 24:25 31:1,6 71:15 172:6 220:15 mine 127:14 mineral 156:24 minor 140:3 210:12 250:25 minute 29:25 63:6 93:19 94:8 106:9 176:5 245:6 minutes 60:22 61:1 92:23,23 93:14,15 104:18 138:22 142:11 174:21 195:24 226:7 229:24 245:5 mischaracterizat... 218:6 mischaracterizes 266:22 268:15 271:5 272:16 misconstruing 49:3 misleading 110:22 missed 146:5 missile 14:23 151:25 177:6 missiles 177:9 missions 148:21 149:11 Mississippi 2:24 4:17 Misstates 227:25 misstating 49:4 51:8 misunderstand 57:15 misunderstood 51:12 94:23 245:22 Mitchell 4:13,14 7:12 226:23 245:1 245:2,14,15 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 291 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 292 246:25 247:2 257:13 262:10 263:11,21,25 264:4,9,12 265:2 268:3 274:25 model 71:23 168:22 193:15 229:1 235:25 242:7 249:17 models 83:20 moment 66:10 month 15:10 16:1 116:23 246:5 months 15:5 18:6 21:19,20,25 113:5 116:1,4 150:24 152:6 246:4 253:4 254:8,20 MOORE 2:13 13:16 16:17 89:1 127:17 147:16,17 149:12 154:24,25 155:5,20 159:17 211:7,14 233:4 234:22 240:16 Morgan 1:9 morning 245:23 Morrill 5:3 171:17 171:21,25 173:20 174:9 270:25 271:18 275:18 Morris 66:22 mother 27:2,9 200:2 mother's 27:17 motor 134:9 255:21 motors 2:12 134:10 134:11 213:19 255:22 mouth 94:25 142:4 move 11:17 18:24 19:25 25:6 37:25 49:13 74:10,12 99:9 101:22 111:9 113:25 119:13 168:13 203:21 222:2 moved 25:3 28:4 moving 14:24 15:13 16:17 101:6 102:9 171:12 225:18 muffler 179:25 182:3 209:19 mufflers 179:25 180:7,21 181:9 multi-million 58:3 multi-storied 154:15 multiple 58:17 mustered 211:10 N N 6:1 7:1 13:15 89:1 127:17 147:17 149:12 159:16 Nagle 69:5 Nah 165:9 200:25 name 8:9,19 26:2 26:12 27:3 58:9 64:6,9,15 66:16 66:25 71:11,12 78:3,7,10 124:19 125:5 127:13,17 127:18 131:5 136:15 144:20 149:3 160:1,10 161:8,9,17,22 166:17 167:3 176:12 183:7 197:6 200:8 204:10 212:1 227:10 230:23 245:2,15 256:21 named 127:19 223:9 247:7 names 26:25 65:16 66:12 68:11 70:12 71:14 76:16 83:25 84:1 98:14 102:6 125:3 127:9,21 164:7 167:25 169:17 193:12,14 200:7 223:6 229:6 229:7 narrow 54:7 124:23 Nash 66:17 National 22:5 100:8 112:23,24 121:8 nature 29:10 203:2 naval 33:3 34:25 45:9 90:4 122:15 178:6 197:17 200:16 204:4,5,6 204:9 210:25 211:5,15 Naval-approved 200:11 navy 12:6,21 13:3,7 16:22 19:16,21 22:11 23:3,4,8 24:18 28:24 30:8 30:10 31:10 36:21 36:24 37:2,22 38:25 39:7 40:11 40:24 43:7,7,17 43:18 44:1,17 45:10,14,19,25 46:2,3,6 48:15 51:22,25 53:18 54:25 55:10,23 57:19 58:19 61:16 67:21 68:1 70:1 78:15 83:7 88:19 97:18 98:9 104:14 119:24 124:20 128:6,10 144:4 145:8,10 147:24 159:12 163:12 164:14,21 173:20 176:16,24 177:16 177:18 179:9 184:6 185:4 186:10,19 187:8 187:11 204:7,7,10 229:12 237:10 243:5 249:23 250:10,12 262:1 262:16,25 263:5 264:1,22 266:17 275:14,19 Navy's 121:25 Nazi 39:14 near 193:4 nearly 185:25 necessarily 123:4 256:4 necessary 119:7 need 9:12,20,20 47:23 52:13 54:7 107:20 114:4,7 124:5 180:16 212:3 216:24 243:5 needed 24:8 30:3 75:15 79:7 126:6 137:2,7 142:20 155:17 201:19 204:24 252:5 needs 46:8 52:13 63:22 202:8 negatively 68:13 165:9 166:10 174:14 182:23 194:19 200:10 239:19 never 30:25 31:5 36:6,7 37:7 66:18 99:5,5 137:8 157:23 161:17 164:22,23,24 165:1,7,9 173:22 199:7 217:9,10 225:20 230:18 235:9,10 238:24 239:4 new 1:21 2:17 3:7 3:15,23 4:9 5:7 8:2 12:9 21:16 25:3,20 77:9 80:22 81:1,3 90:12 103:19,24 134:25 137:24 141:20,21 143:8 159:20 162:15 167:6 170:8,14,15 181:17,21 182:20 183:25 227:19 230:1 251:19,21 251:22,24 252:2 256:18 260:25 261:8,12 newbies 260:17 nice 64:7 Nicholls 12:20 nicknames 64:12 night 22:24 203:18 203:22 nine 21:20 254:20 No.2:15-cv-06394 1:8 NOBLE 13:14 14:13,14,17 109:3 127:19 146:11,12 152:4,17 159:16 169:17 176:16 177:3,6 178:18,21 185:19,20 188:10 189:24 190:5,6,12 190:14 191:13 192:13 193:17,21 195:19 202:15,16 202:20 205:1,3 206:4,18 208:9 209:11,12 233:18 234:12,15 241:3 246:7 252:11 253:5 254:2 264:15 nods 99:23 272:18 noise 115:5 non-responsive 45:20 46:15 47:3 47:16 52:16 229:18 nooks 156:8 Nope 147:18 normally 157:3,4 North 4:22 Northern 68:24 note 59:23 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 292 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 293 noted 53:1 notes 87:5 88:4 112:25 130:17 144:9 245:25 notice 6:8 59:8 60:2 60:7 129:25 189:3 189:12 noticed 65:3 196:13 November 14:18 246:8 nuclear 147:4 177:24 178:8 210:19 246:21 number 64:23 71:23 72:2 91:10 124:4,4,23 147:4 168:22 187:22 193:15 216:11,12 224:3,4 234:18 242:7 249:17 277:23 numbers 152:12 193:19 218:19 235:25 236:1 242:8 nurse 24:8 nursing 24:9,10 nut 140:22 O O 6:1 o'clock 274:5 oath 6:23 object 10:22 17:6 17:23 30:13 31:13 32:3,3,13,20 33:7 33:16 34:4 35:2 35:13,22 36:1,15 39:4 40:13 41:3 41:12,25 42:5,20 43:2,10 44:5 45:20 46:14 47:3 47:8 48:19,24 49:2,6,9 50:14 52:16 53:8,21 54:14 55:3,14 56:4,22,25 58:23 61:15 68:3,3 71:5 74:4 75:10 80:4 80:14 84:10 90:25 99:15 101:1 107:10 110:5,14 112:8 117:15 120:7 122:18 123:1,16 128:13 128:14 129:18 130:5 158:16 165:14 166:3 180:25 181:4 182:25 190:20 197:20 199:2 212:10 218:4 219:17,23 224:10 227:24 229:17 235:16 239:3 243:11,24 257:11 262:6 266:24 267:9,15,20,22 268:4 269:13 270:15,17,23 271:14 273:4,12 objected 50:4 objecting 31:22 32:20 50:1 110:22 117:21 158:21 objection 41:16 43:21 49:11 50:16 50:19 51:1,9 52:18,22 61:24 62:8,17 65:22 120:17 265:15 266:21 268:11,21 269:7,9,11 270:4 271:4,22 272:7,15 272:25 273:10 objections 10:14 11:10 47:24 61:14 objective 120:9 occasion 205:19 occasional 203:18 227:18 occasionally 107:16 126:3 135:15 203:20 222:23 252:10 254:11 occupation 165:4 occurred 159:15 197:16 occurrence 139:8 occurrences 159:15 ocean 20:10 46:9 ocean-going 146:20 October 15:17,18 off-white 164:17 196:11 232:15,15 offenses 39:1 offer 170:7 171:7 174:6,7 offered 164:23,24 Office 2:23 officer 39:20 42:14 42:15 44:12 122:7 145:25 148:20,23 206:21,23 207:4 208:3,6 210:5,7 210:16,18 218:18 223:8,9 260:20 262:18 277:7 officers 39:22,24 41:21 officers' 185:11 offices 1:22 official 212:1 262:19,20 officiated 6:23 offline 114:9 Oh 22:25 26:15,18 29:7 31:18 48:13 58:18 65:20 69:19 70:5 71:25 81:25 87:18 116:24 126:18 145:22 146:7 149:15 151:12 152:18 154:3,16 160:15 167:9 178:2,2 191:7,7 195:7 209:25 229:24 232:5 238:4 252:20 259:7 oil 14:2 72:11 76:17 107:19,23,25 168:2 179:15 231:5,6,17 249:13 255:13 okay 9:4,5,10,17 11:13,23 12:9 13:12 15:2,16 16:15 17:9 18:3 18:19 19:4,18 20:3 21:10 22:16 22:18 23:8 25:3 26:7 27:1,12 28:9 28:9,14 29:21 34:16,16,19,20,23 37:7 38:6,13 41:18 45:16 46:6 48:2 49:19,19 50:23 53:12 54:8 54:17,19 56:15 57:12,14,22 59:21 60:19 64:8,12,14 64:17,22 65:2,9 65:15,20,25 66:6 66:11,14,17 67:25 69:22,23 70:3,6 70:12 71:16,20 72:4,14 73:1,5,12 73:16,18,22 74:1 75:3 76:11,21 77:4,10,13,16,22 78:3,6,22 79:8,11 79:21,25 80:17,25 81:4,12 82:13,15 82:19 83:24 84:3 84:15,18,25 85:5 85:10,15 86:5,17 86:25 87:8,12,18 88:9 89:5 94:23 95:8 96:12,17,25 99:24 100:5 101:6 101:12 105:19 109:9,16 111:3,12 111:18 113:1 125:6,10,13 126:15 127:12 128:21 129:6 130:2 131:8,9,15 132:7 135:12 136:25 137:14 140:17 142:17 143:10,13 144:21 144:23 145:1,4,20 145:24 146:3,8,10 146:13,16,18,23 147:3,6,19 148:9 148:15 149:10,17 149:24 150:3,10 150:19 151:4,7,12 151:16,19,21 152:7,11,16,20,25 153:6,9,14,21 154:6,11,14,18,23 155:2,7,12,23 156:17,20,25 157:4,5,25 158:6 158:24 159:10,18 160:5,13 161:1,4 161:17,20 162:2,4 162:11,15 163:1,4 163:10 164:2,7,15 164:18 165:2,7,17 167:9,17,23 168:10 169:3 170:10,16 171:1,5 171:14,18,19 172:2,5,15,21 173:1,4,22 174:2 174:6,12,15,23 175:2,6,9,11,25 176:18 178:5,10 179:2,3,5 180:5 180:10,20 181:21 183:12,17 185:5 186:2,13,16,23,25 187:16 188:14,17 188:21 189:10,18 189:24 191:2,12 192:7,12,21 193:15 195:11 196:8 197:14,25 198:16,23 200:2 200:15 201:8,14 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 293 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 294 201:22 203:7 204:5,12,17 205:8 205:11 206:3,12 206:19 207:2,16 208:12,25 209:23 210:4,9,21 211:23 213:2,9,20 214:22 216:5,22 217:2 218:8 219:7 221:4 222:20 223:22 224:3 225:1,7 226:10 227:4,7,9 227:10 228:11 229:17 230:10,25 232:5,19,23 233:20 236:14 237:7,13 238:10 238:13,15 240:5,7 240:14 241:8 242:24 243:8,15 243:20 244:4,7 245:4,8,20 247:6 247:11,21 248:11 249:8 250:5,12 251:25 252:25 253:11 254:15,19 255:1,18 257:15 257:22 258:2 259:15,23 261:10 261:21 262:15 264:20 265:3 266:7,13 269:1,4 274:20 old 27:10,11 58:1 92:12 138:16 141:7 149:8 162:19 175:3 181:19 182:5 196:10 208:21,21 229:25 Olmsted 127:14 Olongapo 205:5,7 205:8 on-air 59:11 on-line 251:16,23 on-site 98:7 onboard 256:22 once 141:18 166:13 170:13 190:3,4 218:17 226:17,18 ones 48:21 52:4 83:14,14,15 183:25 open 12:18 86:8 135:10 140:20 159:1,5 209:5 215:19 216:8 221:14,16 228:22 opened 135:17 operate 107:1 operated 186:11,13 operation 101:20 101:23 150:21 operational 134:11 OPERATOR 8:5 20:21,25 63:7 64:3 87:9,15,21 130:23 131:1 144:11,17 176:6,9 216:23 217:3,16 226:12 245:9,12 276:5 opinion 124:8 opinions 277:15 opportunity 179:11 opposed 187:23 196:15 256:15,23 257:3 order 14:9 38:23 39:17,18 40:1,5 40:10 105:4 202:14 207:9 255:3 orderly 18:17 orders 38:18,20,25 39:13,13,14,14,16 39:19,23 40:8,21 42:2 44:13 224:2 ordinary 196:10 Oregon 202:24 203:1 Orient 18:6 original 79:23 92:18 213:22 230:12 257:18 originally 97:2 Orleans 1:21 2:17 3:7,15,23 4:9 5:7 8:2 12:9 25:4,20 167:6 outcome 277:16 outlet 104:6 outlines 220:23 outside 34:5 58:24 80:11 90:6 105:14 129:9 192:17 200:2 202:25 221:21 227:18 254:13 over-broadness 57:1 overall 188:2 overhaul 216:7 250:20 251:2,4 overhauled 216:6 overhauls 208:1 250:3,6,24 overhead 113:17 258:25 259:2 overly 30:18 42:5 54:15 overnight 166:25 overseas 18:4 21:17 203:6 223:21 overstatement 38:6 oxygen 226:19 P P 2:6 6:1 P-H-I-L-L-I-P-P-I 27:4 Pacific 18:5 46:9 pack 129:8 package 137:3 packaged 137:1 157:6 261:13 packages 157:1,7 packaging 136:22 packing 77:23 78:1 78:4,7,11,14 79:22 90:16,20 139:20 140:4,6,8 140:15,18,21,23 141:2,7,15,20,21 142:9,16,17,25 143:4,7,11,16,17 143:20,25 144:2,4 174:16 212:8 227:21 228:18,21 228:22 229:4,23 230:4,11,15,20 251:10 257:8,21 257:25 270:1,6,8 271:12,16 272:5,9 272:22 273:6 packs 129:8,10 page 7:2 9:3 54:18 89:12 96:15 238:1 pages 277:9 pain 217:9,9 painless 240:5 paint 173:16 222:1 painted 188:20,22 221:25 painting 188:25 Pall 200:23 Panama 177:8 paper 220:21 parallel 114:7 paralleling 114:18 Pardon 48:8 175:8 parents 24:6 26:22 198:5 parents' 26:25 28:10 199:13 Park 26:11 Parkinson's 27:9 27:18 Parkway 1:21 4:15 8:2 part 25:16 47:16 95:6 136:17 246:11 particular 71:2 145:20 149:19,20 157:25 172:18 188:16 201:14 206:9 214:7 228:25 229:9,9 247:13 248:7,19 248:20 261:3 parties 6:3 60:1 277:16 parts 29:15 37:15 82:6 102:3,3 156:7 179:24 214:23 215:7,9 225:18 252:7,9 pass 197:2 passed 24:11 26:23 28:11,11 passes 26:18 Paul 127:16 Pearl 22:20 207:20 207:25 210:11 223:22,24 Pedro 211:2 peen 88:13 136:6 138:1 180:16 Peerless 67:17 pen 141:14 pens 141:15 pension 198:21 people 16:7 19:15 23:24 25:23 44:9 114:13 121:11 125:2 148:25 158:1,2 256:21 percent 79:9,10,13 187:14,16,21,25 187:25 188:1,2 202:1 203:17 228:14,16 236:12 250:13,17 254:10 269:19 percentage 70:3 78:25 79:11 187:10,20,22 201:24 228:11 236:14 250:8 256:13 percentages 70:11 perfect 212:23 perfectly 34:14 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 294 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 295 51:7,13 122:11 perform 194:9 performed 91:7 109:17,21,24 214:20 performing 116:21 158:4 222:25 223:14 period 21:12 31:3 76:13 94:8,15 95:14 116:14 129:6 152:2 273:19 person 29:10 105:19 person's 29:8 personal 27:16 170:17 173:18 177:14 277:10 personally 160:22 170:24 pertains 171:17 Peter 4:6 8:9,19 63:12 87:25 petty 145:25 206:21,22 207:4 208:2,6 210:5,7 210:16,18 218:18 223:8,9 260:19 Philippines 205:4 Phillippi 27:2,3 phone 273:23 274:1 physical 24:7 132:22 piece 90:18 91:15 91:22 92:2 95:25 96:7 98:25 102:21 109:13,17 111:5 116:3 255:2 piecemeal 116:14 pieces 30:4 97:1 117:2 136:3 157:22 255:20 pier 224:1 pillow 157:21 158:13 pipe 114:20 123:8 132:25 137:20,21 180:11,12,13 195:7 224:7 pipes 113:16 124:5 192:2,5 195:5 225:19 259:19 piping 122:16,24 123:13,25 124:10 pistons 216:14 place 103:20 115:1 201:13 211:19 275:12,17 placed 39:9 places 20:11,12,13 155:25 plain 136:4 196:10 PLAINTIFF 2:4 Plaintiff's 47:9 48:24 49:13 plastic 137:9 157:6 plates 168:6 play 11:9 players 148:25 please 8:24 9:23 23:7 24:16 57:16 74:17 75:24 86:25 106:1 117:9 149:13 150:20 239:10 245:7 263:13 275:9 PLLC 2:21 plugged 107:25 plumbers' 29:25 plumbing 29:24 plus 82:5 124:4 PMS 211:18,21 212:2 Pocketknife 164:6 point 9:1 18:21 20:14 23:15 27:5 63:18 64:1 76:11 115:22 130:16 134:22 139:18 178:11 189:22 200:16 201:22 pointy 141:12 POLK 3:10 poof 228:23 poor 27:6 105:16 poorly 8:24 port 22:18 117:5 193:24 194:3 223:18,19,21 250:9,15,19,20,20 250:23 252:1,3 254:4,5,6 ported 22:20,21 202:17 207:20 210:22 portion 10:5,7,15 10:18 45:21 46:15 47:4 52:16 108:16 229:18 258:13 Portland 203:1 ports 22:16 possession 16:11 156:13 possibility 247:25 possible 35:16 168:14 possibly 52:11 62:10 83:20 103:23 Post 2:23 pound 136:6 137:7 180:15 pounding 88:12 182:9 power 106:3 114:11 177:24 178:8 210:20 246:21 Poydras 2:16 3:13 3:21 4:7 prac- 159:15 practice 114:14 157:19 practicing 114:15 114:17 pre-cut 157:8 257:17 pre-packed 257:17 precautions 40:25 41:8,21,22 42:14 42:17,25 45:7 53:16,19 precise 52:25 precisely 45:15 precision 184:5 prefab 181:18 premade 183:2,5,8 183:14 prepare 127:24 prepared 277:10 277:12 present 97:1,22 98:1 119:14 press 208:19 presume 34:8 78:19 92:11 106:12 204:3 pretty 35:7 105:23 124:3 201:8 218:23 229:11 237:5 248:15,16 prevent 33:13 34:1 140:21 256:11 previous 177:1 182:7 previously 8:3 primarily 17:14 21:18 85:3,6,23 132:5 179:5 231:20 primary 151:15,17 prior 51:8 124:13 228:1 268:15 271:5 272:16 private 204:1 privileges 260:12 probability 269:19 probably 8:25 9:7 16:19 47:19 79:4 90:3 104:3 123:21 131:20 134:5 138:22 139:3,12 149:8 162:24 164:1 195:16 202:9 257:23 problem 26:19 46:25 62:3,4 75:17 90:10 140:3 140:3 209:6 229:12 274:3 problems 23:25 159:22 231:25 Procedure 6:7 277:14 procedures 166:23 proceed 63:16 process 73:13,19 73:19 93:13,19 103:16 137:16 140:13,15 169:11 180:9,20 181:15 181:22 182:6 241:22 processes 234:25 produced 29:18 102:25 produces 102:23 product 200:7 215:24 216:1 products 128:3 Program 211:25 programmer 24:2 prohibition 277:14 promise 176:13 prone 190:8 proof 148:7 propellers 103:2 255:22 propulsion 106:25 107:14 108:18 213:9 253:15 prostate 166:14 protect 31:22 43:8 43:14 58:7 protecting 47:24 protection 58:14 protective 164:19 230:19 prototype 100:8 113:4 212:20 proved 51:22 provide 66:11 76:20 83:17 84:3 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 295 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 296 84:6 126:12 265:22 pry 228:24 Public 12:12 Puente 3:12 7:11 226:4,20 227:3,11 228:5 229:21 235:18 239:6,8 243:13 244:1,20 266:23 269:10 PUGH 3:18 pull 137:19 139:25 141:10,13 221:13 221:16 228:22 pulled 99:12 pump 5:3 65:16 66:12 69:25 70:13 70:16 71:3 73:3,6 73:10,20 74:2 75:14 76:14,17,18 76:18,18,23 77:11 77:14 78:8,12 79:15,17,23,23 80:11 81:2,17,24 82:10,11,16,21 83:20 84:1,6,7 85:7 86:7 89:8,9 90:13 91:6,11,15 94:14,25 107:19 168:2,2,2,8,9,19 168:25 169:16,23 170:4,8,14,15,18 170:20 171:10 175:18,21 227:11 227:19,19 228:12 229:1,6,10,23 230:9,11,12 231:16 232:20,24 233:3,17 235:9,20 235:23 236:19,23 237:1,4,6,22 239:1,1,14,14,21 239:25 240:3,24 242:1,5,14,17 243:7,9 244:12 247:5,8,13,18,25 248:7 249:22 251:7,16,20,21,21 251:24 252:2,9,18 253:21 254:2,15 256:18,22 257:7 258:13,14 260:25 261:3,8,10 265:21 266:15 pump's 79:20 pumped 231:17 249:13 pumping 256:10 pumps 3:9,17 46:3 66:6,7,8,8,9 67:16 68:12 69:24,25 70:4,4,13 71:17 71:18,24 72:2,5 72:10,12,12,15,21 73:14,16,16,23 74:7,8,21,24 75:4 75:8,18,19,21 76:5,5,13 77:7,24 78:25 79:1,3,5,6,9 79:12,25 80:18 81:1,5 83:3,11,12 83:15,15,25 84:16 84:20 85:12,17,20 86:9,14,14,20 115:12,13 116:11 155:9 157:14,16 167:17,18,20,22 167:25 168:16 169:1,8,12,25 171:2,2,3 175:13 202:2 228:8,10,15 228:18,19,20,21 229:3,11,15 230:3 230:16,23,24,25 231:2,2,3,4,5,6,11 231:12,13,16,16 231:18,21 232:1 233:21,22,24 234:2,6,8,11,13 234:14,19 235:1,7 235:13 236:1,3,7 236:10,13,15 238:11,23,23 240:12 241:5,6,9 241:14,16,19,23 242:8,11 243:1,19 247:7 248:17,23 249:2,5,25 251:14 252:4,7,9,21,22 252:22,23 253:1 253:25 255:7,11 255:12,13,13,23 255:24,24,25,25 256:2,3,3,4,14,23 257:2,9,16 260:24 265:23 266:9,11 266:16 267:3,4,12 267:17 268:1,8,18 269:22,24 273:6 275:13 punched 184:4 punished 40:6 purifiers 243:3,20 244:6 purpose 106:5 purposes 6:5 11:3 pursuant 6:7 push 39:13 put 48:22 59:8 81:4 81:24 94:24 104:7 111:11 121:9,13 123:23 134:9 140:21 141:20 143:4 146:14 157:10 179:8 180:15 203:7 212:18 230:1 247:12,18 254:6 putting 60:1,6 93:11 129:22,24 157:20,21 Q qualify 116:3,7,9 116:11,11 quarantine 14:22 quarter 218:12 quarter-inch 195:16 quarters 203:15 224:8 question 8:23 9:15 9:24 10:22 17:7 18:25 19:5,8,11 19:22 30:14 31:14 31:24 32:1,14,21 33:8,17 34:5,22 35:3,14 36:2,16 39:5 40:14 41:4 41:13 42:1,11,21 43:3,11,22 44:6 46:24,25 48:20 49:6,10,24 50:2,4 50:5,15,19,23 51:3,13,14,15 53:9,25 54:15 55:4,15 56:5,9 57:15 58:24 60:10 60:15 61:10 68:4 71:6 72:1 74:5,12 74:18 75:11 76:10 77:1 80:5,15 84:4 84:11 91:1 99:16 99:20 101:2 105:16 107:11 110:6,15 112:9,12 117:22 120:8 122:19 123:2,17 126:7 128:14 129:3,19 130:6 131:11,24 136:24 158:17,22 166:4 181:1,4 183:1 197:21 203:13 212:11 218:5 219:18,24 220:3 224:11 227:25 228:2 235:17 239:4,9 243:12,25 257:12,24 262:7 263:10,19,22,24 264:3,6 265:11 questioners 87:13 questioning 40:15 57:6 questions 8:10,20 11:11 16:7,8 19:17 42:6 50:11 59:4,24 60:5,5 63:19,21 69:24 87:6 88:2 98:17 98:20 131:7 139:15 144:24 145:8 168:11 171:15 176:1 188:5 194:23 197:8 202:13 227:13,15 229:13 240:10 244:22 245:3,16 247:6 263:16 265:18,19 273:16 274:9,12 274:13,21,22,24 275:7,23 quick 224:3 quickly 131:11,12 168:14 quit 24:5,6,10 quite 44:11 164:13 quitting 129:4 R R 4:6 R.S 277:8 rack 116:9 radiation 166:8 radiologic 166:1 rag 180:12 rags 137:21 raise 263:13 ran 115:14 204:7 258:17 rank 145:20,25 148:12 260:12,12 260:13,14 ranking 38:22 rare 159:11 164:13 252:10 rarely 124:5 rate 206:17 rating 210:19 raw 156:21,23 157:20 255:8,8 RDR 277:6 reactor 22:5 100:8 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 296 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 297 112:24 114:11 121:8 read 37:14 61:9 76:16 184:15 237:17,18 242:22 243:6,8,17 244:9 263:23,24 reading 6:9 98:5 184:13 237:4,6,14 237:20,23 238:16 238:21 ready 50:12 131:5 145:5 real 39:12,20 44:15 188:17 realize 30:22 109:22 125:4 really 19:15 24:7 29:13 36:4,5 47:23 212:25 226:9 reask 19:22 263:16 reason 14:19,20 22:2 24:6 120:4 120:14,22 159:19 199:19 201:15 206:9 reasonable 61:18 91:3 reasons 33:13,25 73:4 rebuild 94:20 rebuilt 103:14 recall 14:25 66:5 71:3,23 77:10 83:24 84:1 86:22 95:23 101:7 102:10,14 108:14 117:10 121:18,19 133:11 134:17,19 134:21 154:17 156:20,25 157:18 158:3,13 159:14 160:5 161:1 162:6 162:9,19,22 163:10,21,24 164:11,15 171:20 172:21 173:4,5 175:12,12 187:7 193:11,13,14,15 195:15,18 196:7 206:4,12 223:6 238:16 261:6,7,9 recalled 111:19 recalling 84:2 received 150:6 Recess 130:25 176:8 245:11 reclassified 147:8 recognized 23:16 172:10 recoil 259:21 recollection 14:16 71:12 82:7 92:25 97:21 100:23 106:16 118:4 133:24 140:7 153:17 169:15,18 169:20,22 171:8 174:8,24,25 175:17 184:8 186:8 232:20,24 233:2,15 235:12 236:7,18 237:3,13 239:16,21 240:15 240:18,23 241:2 241:25 242:13 244:8,11 251:15 265:10 recollections 54:5,8 54:11 record 8:7,16 10:5 20:22,24 21:1 31:23 32:18 47:25 55:19 59:1,22 63:8,10 64:4 65:3 87:10,13,20,23 130:24 131:3 144:12,14,18 176:7,10 217:5,7 217:18 226:13,15 245:10,13 264:10 276:6 records 116:6 147:24 148:1 149:14 235:19,22 redone 56:1 reduction 243:4 253:16 redundant 227:14 reenlist 150:1 referenced 37:21 references 99:21 referred 64:8 referring 148:1 refrigerant 189:19 192:3 195:4,11,13 196:3,17 refrigerated 192:16 refrigerator 192:15 regard 42:4 43:12 57:2 111:1 119:3 266:10 269:22,24 270:10 regarding 53:17 74:20 242:4 regardless 174:21 regards 71:10 regular 17:11 166:22 195:7 214:7 224:1 253:10 regularly 266:17 regulations 42:25 reinstall 103:14 reinsulated 124:5 related 88:23 89:3 98:17,20 131:7 135:7 277:15 relates 170:6 260:2 relation 132:11 relationship 26:13 relationships 277:14 relatively 176:13 252:23 relatives 165:11,18 released 205:17 relevance 39:5 56:23 57:1 128:15 165:15 relevant 10:19 60:5 259:13 remained 214:24 215:8 remake 136:17 remember 14:19 14:21 15:3 37:5 39:10 66:6,7,7,8,8 73:2 76:14,15 88:24 100:10,17 100:21 111:21 127:10,21,25 132:18 138:11,12 149:3 150:20 161:7 167:25 168:4,5 172:10 173:2 195:14 202:23 203:2 206:9 223:10,11 229:6 233:6,6 237:5 247:10 256:17 262:3,11 262:12 266:3 remembered 247:9 remote 23:14 removal 77:18 105:9,12 215:24 227:20,21 228:12 270:9 remove 86:10 94:18 104:12,16 135:21 162:19 177:9 216:13,14 229:23,25 269:25 removed 73:23 74:22 75:3 78:8 79:22 136:12 138:16 142:25 143:20 174:16 175:3 215:15 228:17 229:4 230:3,11 273:6 removing 93:10 94:5 140:8 142:12 162:19 163:2 271:12 272:4,21 renovations 29:2 rep 100:16 repacked 139:24 repacking 139:21 206:2 228:15 repair 68:6 77:2,5 77:7,17 78:23 79:14 98:6 109:5 115:1 117:4,6 139:13 156:7 159:13 170:10,11 174:1 179:7 194:9 194:12 195:6 201:24 202:5,9,19 203:3 204:25 209:14 210:15 225:10 230:7 266:2 repaired 21:14 79:4,17 81:3 225:20 254:25 repairing 194:13 202:9 204:23 209:5 251:9,10 repairman 17:10 17:15 145:16 177:23 178:7 208:6,10 210:5,7 214:22 repairs 77:21 79:7 79:12 155:18 159:5 205:14,20 225:16 250:15,24 repeat 74:18 rephrase 33:24 36:10 42:11 74:18 136:23 245:18 replace 77:23 85:23 104:13,19 212:7 215:5 229:25 252:5,7,9 replaced 75:15,16 77:25 86:11 99:12 140:4 162:13 182:6 215:8 230:13 replacement 77:18 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 297 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 298 93:14 105:10 109:25 227:20,21 228:13 257:24 258:1 270:9 replacing 29:23 30:2 142:12 163:3 194:14 209:19 251:8,10 252:9 reported 5:14 277:9 Reporter 5:16 6:22 8:4 277:6,21 REPORTER'S 277:2 reporting 277:10 represent 131:6 188:9 213:2 227:11 representative 98:7 100:19 101:25 240:2 244:18 representatives 194:5 REPRESENTING 2:4,12,20 3:3,9,17 4:3,12,19 5:3 Requested 263:24 required 34:12 41:22 94:18 191:14 237:22 277:13 requires 39:8 reroute 195:25 196:2 rescue 109:5 146:19 207:19 research 23:18 112:23 reserve 10:14 reserves 150:12 respect 39:8 respiratory 230:19 respond 31:16,19 responding 32:8 265:13 response 263:3 responsibility 219:13 responsive 46:14 47:11 responsiveness 10:15 rest 137:7 restate 57:16 239:10 restore 203:23 restrictive 44:15 result 27:18 retired 24:14 retirement 24:13 198:4,25 retrain 62:13 retrained 21:16,17 returned 199:13 review 130:17 184:10,12 reviewed 184:22 revolutions 106:9 RICHARD 4:14 RICHESON 3:11 Rick 245:2,15 Ridgeland 4:17 right 8:18 21:4 30:1,1 36:22 51:3 51:17 55:12 60:9 62:22 68:11 85:24 87:3 98:8 108:10 114:13 119:21 125:9 126:16 127:7 129:10,16 130:11 131:16,23 133:19 145:7,14 147:16 149:2,10 149:13 154:1 156:13,18 157:8 158:8 160:1 162:16 163:5 166:16 167:7,15 169:24 171:12 173:8 175:25 176:2 177:3 178:8 178:13 181:7 189:21 192:4,10 201:12,14 202:25 202:25 204:2 219:14 225:13,14 228:22 235:11 238:11 243:2 245:19 248:22 260:23 261:19 264:10 ring 66:13 69:10 161:19 163:9 211:22 rings 73:23 74:22 75:4,16 77:18 85:22 86:1,3,11 227:20 228:13 251:9 255:6 rip 159:4,8 ripped 158:14 159:1 ripping 209:5 river 205:5,7,10 riveted 70:23,25,25 222:6 RMR 277:6 rock 262:1 rocks 141:5 Rocky 2:22 188:8 rods 141:12 Roger 5:15 6:21 61:9,12 277:6,20 roll 9:19 rolls 137:6 142:17 142:20 Romero 3:19 7:4 45:22 46:16 52:21 59:18 62:23 63:21 64:5,7 65:24 67:6 67:12 68:5,21 71:1,9 74:11,16 75:20,25 76:2 80:9,24 84:14 87:2 88:2 125:16 room 13:21,24,25 16:7 84:22 85:6,7 85:12 86:19 95:5 95:7,9 100:7 111:21,23,23 113:6 114:25 115:2,4 116:4 134:2,4,8 144:16 145:19 151:14,14 151:17 152:1,4,6 152:8,10,17,22,23 153:1,22,24 154:6 154:8,15,23 155:20,21 158:6 192:19,23 213:18 213:20 215:21 236:5,11,16 253:7 254:9,10,13,13,14 254:17 255:19,21 267:5 269:16 270:12 rooms 123:14 134:6,9,13 151:9 155:16,24 192:15 231:21 232:1 236:8 256:9 258:22 267:12,18 268:2,9,19 269:5 269:24 270:20 271:1,11,19 rough 123:23 152:20 153:15 163:16,16 roughly 15:12 132:25 152:10 190:16 250:13 round 215:2 Roussel 1:22 2:5,6 7:13 10:3 11:2,6 11:12,16 17:5,22 18:23 19:3,24 30:12,17 31:12,20 32:12,19 33:6,15 34:3,9 35:1,12,21 35:25 36:14 37:24 38:3 39:3 40:12 41:2,7,11,17,24 42:19 43:1,9,20 44:4 46:22 47:5 47:10 48:18 49:1 49:8,22 50:3,8,9 50:17,22 51:4,6 53:7,20,24 54:13 55:2,13 56:3,21 57:11 58:22 59:14 59:20 60:14,18,24 61:23 62:7,16 63:5,13,17 65:21 68:2 71:4 74:3 75:9,22 80:3,13 84:9 87:11,17 88:6 90:24 99:14 100:25 103:5 107:9 110:4,13,21 112:7,17 117:14 117:20 120:6,16 122:17,25 123:15 126:13 127:23 128:12,20 129:17 130:4,12 158:15 158:20 160:16 165:13 166:2 176:4 180:24 181:10 182:24 183:6,11 190:19 190:24 194:24 197:19 198:11 199:1 212:9 218:3 219:16,22 220:4 224:9 226:14 227:23 235:15 239:2 243:10,23 246:23 257:10 262:5 263:7,15 264:2,7 265:5,8 266:6 267:2,10,16 267:25 268:7,17 268:25 269:21 270:7,18,24 271:6 271:10,17,23 272:3,10,20 273:5 273:13,17,24 274:10,18 275:6 Roussel's 61:14 row 156:2 Roy 69:13 RPM 106:9 RPR 5:15 ruined 16:20 rules 6:6 9:6 11:10 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 298 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 299 42:24 277:13,15 run 108:8 186:15 204:8 208:18,19 208:19 226:18 231:13 running 107:22 113:16 114:11 116:7 133:9,12 204:10 224:8,18 225:4 Rupp 68:20,22 69:20 238:23 239:1,14 S S 6:1 safely 219:21 safety 40:25 41:8 41:20,21 42:1,14 42:17,25 45:6 53:16,19 92:5,6,7 92:18 93:10,20 94:5 97:23 sailed 151:24 sailor 37:12,13 41:20,22 42:15 sailors 37:17 39:23 41:10 42:24 89:20 salesman 165:6 saltwater 72:11 168:2 192:5 195:9 salvage 109:5 146:19 207:18,19 SAMUEL 13:15 16:17 89:1 127:17 147:17 149:12 159:16 211:7,14 233:4 240:16 San 22:19 177:17 178:7 202:17 206:5,7 208:12 211:1 save 100:2 saved 126:4,10 saw 42:15 55:23 129:9,15 137:8 157:23 158:1,2 161:1 172:13 173:25 229:7 saying 44:14 70:7 149:19 162:18 208:22 254:15 255:3 259:17 says 27:19 scald 45:3 SCHELL 3:10 school 12:7,12,15 12:17,20,21 22:6 23:9 149:18,20,20 177:22,23,24,24 178:5,7,9 208:11 209:2,7,13,21,24 210:20 246:21,22 schools 12:23 21:24 22:1,4 177:22 178:4 208:8 Science 23:10 scores 233:7 Scouts 128:25 scrape 137:23 scrapers 173:16 scratch 114:6 scratching 194:23 screw 140:23 141:9 231:3,4 248:13 scribes 141:11 sea 17:18 20:7,15 34:25 73:15 76:18 106:21 107:2,15 107:24,24 108:3 108:14 117:5 133:14,15 193:22 194:2 223:17 224:2 250:2,6,8 250:13,16 252:1,5 252:6 254:4,5 256:10 sealing 6:12 seas 123:24 seat 141:21 260:21 seawater 195:4 196:20 231:12,23 232:1 seawater-cooled 190:7 second 8:12 10:6 13:20 22:19 85:2 85:15 86:25 119:3 144:7 146:1 171:13 175:7 210:8,16,18 211:8 211:11 section 95:9 sections 94:21 Security 64:22 65:3 65:7,14 198:21 see 23:12 25:14 45:25 59:23 82:1 87:5 97:8,19 114:9 116:6 124:2 124:9,12 127:15 129:12 133:21 134:3,5 136:22 139:17 140:1 156:1 160:13 201:20 214:23 216:21 220:23 223:13 225:12,15 225:25 226:11 242:25 249:21 259:13 261:10,18 264:14 266:5 272:22 273:7 275:9 seeing 71:12 82:8,9 106:17 134:15,17 134:21 156:25 160:5 162:6 168:4 168:5 172:10 269:18 seen 161:17,24 173:22 self-employment 29:20 send 24:8 103:13 126:8,9 senior 25:4 sense 21:4 22:9 sent 21:23 separate 10:7,9 111:24 174:4 181:12,15 September 15:4,17 246:11,15,19,20 sergeant 146:1 serial 72:1 168:22 193:18 236:1 242:7 serious 39:1 121:13 seriously 37:3 159:24 serve 126:20 145:15 served 13:12 14:12 15:14 24:18 44:17 122:2,15 124:20 125:3,4,6,7 127:5 127:16 146:4 148:7,11 151:5,22 156:11 160:7 161:18 162:7 225:12 247:19,22 248:9 259:3 service 21:23,25 22:4,6 38:10 120:2 147:24 149:19,20 150:4 150:11 156:18 162:25 177:21 187:1,15 201:15 201:17,21 211:20 212:6 214:11 250:14,16 services 24:2 serving 17:2 31:2,5 31:10 32:6 33:3 127:11 set 31:9 277:8 setting 111:12 165:8 179:16 seven 12:14 17:13 18:6 21:19 59:3,7 59:12,16 60:3,23 90:23 91:3 164:14 Seventeen 13:4 severely 40:6 shaft 90:17 140:19 213:15,19 shaken 124:6,6 shakes 68:13 174:14 182:23 194:19 200:9 239:19 shaking 123:24 Shaw 12:12 she'll 47:22 sheet 88:14,17 104:11 136:5 148:10 180:14 258:4 sheets 88:11 SHELLEY 3:20 shells 156:4 Shelly 144:15 shift 85:13 ship 13:19,20,22 14:2,4,12,24 15:12 17:12 20:6 20:7,10 21:13,14 21:17 22:18,19,25 33:21 36:6 43:19 46:9 58:4,10 62:4 62:5,5,14 76:15 78:18 80:18,21,23 84:24 85:4,8,10 85:15 92:11 102:23 103:18 114:8 115:10 116:13 123:24 124:8 127:13 145:18 146:6,11 147:10 149:10 151:22 152:19,23 153:5,23,24,25 154:9,9,10 155:19 155:19,25 159:21 172:14 185:16 187:2 192:21 202:7 203:14,16 203:19,20,23 205:13,22 206:1 206:20,23 207:16 207:18 210:9,13 213:23,25 221:25 229:9 236:20 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 299 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 300 237:17 239:22 241:17 242:11,14 247:13 248:1 254:7,9 256:22 260:2,11 261:1,16 264:14 265:20,21 ship's 103:2 156:1 187:1 195:19 shipmates 223:7 shipped 92:14 97:2 97:4 119:24,25 ships 13:13,14,18 13:20 14:9 17:16 17:18 18:4 21:23 22:21 35:7,7 52:1 54:24 57:23 58:12 58:15 61:19 72:9 72:9,13 79:4 99:4 116:25 120:2 124:10 131:19 146:3 151:4,9,18 151:19 156:11 157:2 159:14,23 159:23 160:6 161:18,25 162:7,9 163:24 169:21 171:20 173:6 175:13 202:7 208:1 211:25 233:6 236:4 244:13 246:3 247:19,21 248:8 250:12,12 251:6 253:6 257:4,17 258:17,17 259:2,4 259:11,16,25 261:8,11 265:25 275:13,18 shipyard 89:6,18 89:21,22 90:2,4 96:19,23 202:19 202:22,24 203:15 204:1,2,4,6,9,11 204:13,14,18 205:4,9,15 206:10 206:13 210:25 211:5,15,16 223:25 shipyards 55:11 106:22,23 204:6,8 205:1 206:3 207:23 210:10,24 211:4,13 shock 45:5 shop 13:19 85:16 85:17,20,21 103:14 151:11,23 152:4,5,8,9 154:2 179:7,8 185:24 254:21,22,24 255:2,14 shops 29:6 short 20:18 226:18 shorten 172:4 shorter 197:8 shoulder 219:9 show 29:19 showed 148:10 shut 107:19 108:1,2 203:20 siblings 25:25 sic 125:14 side 111:11 172:12 215:4,5 signage 175:17 signing 6:10 similar 88:2 171:16 simple 45:16 53:5 simply 93:9 sink 58:3 sir 9:9 14:5,14 15:15 18:9 20:5 22:23 25:13 26:2 26:4,6,14 61:7 64:23 73:24 83:5 89:1 92:13 97:16 104:24 112:22 113:3 122:13 124:13,15,18 128:9 130:16 132:12 140:6 150:25 175:25 188:8 196:25 207:15 220:14 223:16 226:2,5 227:10 229:22 232:19 244:21 248:25 249:3,15 249:24 251:17 261:14 276:2 sit 54:17 126:16 159:7 171:7 235:11 238:15 239:20 site 255:17 sites 23:14 six 12:14 65:16 113:5 115:25 116:4,23 133:1 164:13 216:10 sixth 66:5,9 size 82:6 83:18 84:6 85:24 132:21,22 132:22 133:2 138:21 142:8 152:10 154:25 168:15 171:23,24 172:14 180:16 195:5,15 220:21 233:24 241:8 249:1 sizes 132:23 157:8 skin 166:13 sleep 18:12,14,14 20:6,12 22:24 260:10 slick 143:8,10 slow 131:13 small 185:6 187:12 187:18,21 202:2 209:13 252:14,23 254:21 264:17,23 smaller 24:3 186:17 195:12,13 253:1,25 smoke 129:5 200:24 smoked 128:25 smoker 128:9 smoking 128:23,24 129:4,12 130:3 200:22 smooth 222:3 soak 189:7 Social 64:22 65:3,7 65:13 198:21 solely 77:2 somebody 130:18 somewhat 21:4 sorry 18:1 27:15 47:15 63:1 68:15 69:19 89:16 90:1 96:17 112:25 125:15 129:14 141:25 147:1 175:6 194:21 243:16 sound 200:8 sounds 39:19 source 199:3 sources 198:19,24 space 153:20 154:3 156:9 spare 107:21 134:6 252:4 sparks 130:18 speak 98:11 100:2 101:10 131:10 264:10 speaking 101:7 131:12 186:5 spec 45:19 52:9 53:3 215:8 218:22 218:22 spec'd 81:19 specialized 31:9 specialty 145:11 146:21 specific 54:5,8,11 57:22 63:25 67:16 68:9 71:11 72:20 73:2,3 76:14,14 76:15 82:7 83:23 88:1,22 92:25 93:6 97:9,21 106:16 109:12 115:21 118:3,11 119:7 125:23 133:24 140:7 167:23 168:8 169:15,18,20,22 169:22 171:8 172:14,14 174:6,8 175:16 202:12,13 227:15 229:14 232:19,23 233:2,5 233:8,15 235:12 236:6,18,20 237:3 237:12 238:8 239:16 240:14,18 240:23 241:2,25 242:13 244:7,11 247:13 251:15 265:10,12,19 266:4,9,15 specifically 6:10,12 44:23 56:24 69:24 71:13 77:10 94:17 95:6,23 100:20 101:7,24 102:16 108:12 115:3 118:1 127:6 132:10 134:16,19 139:6 168:17 171:20 173:7 175:19 191:11 215:10 229:5 231:9 238:16 243:7,18 246:5 247:20 254:23 258:15 specification 82:10 specifications 45:11 51:18 82:4 97:8 173:25 214:25 239:17 244:8 specificity 54:21 76:19 265:22 specifics 91:21 117:10 168:3 specified 81:23 170:18 specs 45:15,17 48:11,11,16 52:5 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 300 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 301 52:7 55:12,22,24 56:2 173:23 speed 101:15 114:6 116:12 145:2 spell 125:15 161:14 spend 152:3 250:12 250:12 spending 250:14 spent 18:4 97:17 187:12,17 201:25 202:10 252:12 253:7 260:6,18 Spigner 127:12 spigot 123:9 spoke 63:16 spoken 100:15 spouted 262:20 spread 192:14 Sr 27:1 staff 23:16 stand 13:24 17:11 101:17,18 216:18 220:17 standard 263:2,3 standing 101:16 113:25 stands 74:13 start 9:19 12:3 59:19 102:13 108:2 114:5 186:15 202:15 227:17 started 27:13 30:24 36:21 59:15 108:4 128:24 129:12,21 129:24 206:19 state 6:22 10:4 59:1 65:6,8 197:12 262:13 277:6,22 stated 261:22 statement 29:17 States 1:1 21:20 22:10,13,23 148:8 stating 262:11,12 station 151:15,17 stationed 70:1 275:19 stations 148:11 statute 277:13 stay 203:9 stayed 22:25 steam 102:24 104:5 104:6 106:2 109:7 112:1 113:16,20 116:8 132:5,5,25 133:9,13 140:22 145:18 187:3 224:7,18 225:4,19 247:22 248:1,2 258:16,17 259:19 steam-driven 224:5 224:16 steam-tight 140:25 steamship 131:21 steamships 162:10 164:1 steel 52:14 71:19 80:11,12 90:12 140:19 169:2 173:3 175:20 stem 133:3,5 135:23,23 142:22 stems 139:21 stenotype 277:9 step 101:18 stereotyped 18:17 stick 133:3,5 152:12 sticks 71:15 172:6 STILES 3:4 5:4 stint 116:23 STIPULATED 6:2 stock 85:23 255:8 stood 85:11 stop 8:24 9:16 60:3 149:2 stopped 27:15 59:7 59:17 211:16 stops 217:9,10 storage 155:16,18 155:21 storeroom 137:4 257:25 stories 152:24 153:2 154:17,22 155:4,6 Stout 3:5 7:10 52:17 70:22 197:4 197:6,22 198:7,15 198:18 199:5 212:14,16 217:1 217:19 218:7,9 219:19 220:8 224:15 226:1 274:4 straight 54:2 172:24 220:20 222:12 238:7 240:10 STRAIN 4:13 strainers 14:3 street 2:16 3:6,13 3:21 4:7 5:6 12:11,12,13,25 24:17 25:14 167:7 stretch 36:5 197:5 strictly 47:24 132:11 194:12 214:14 strike 11:17 18:24 19:25 37:25 49:13 53:15 74:10,12 stuck 140:2 student 23:13 studs 255:5 study 206:25 207:9 stuff 21:11 46:1 70:21 78:20 105:20 115:13 123:7 124:3 134:7 137:20,21 141:5 141:10 142:22 155:14 156:4 157:7 180:1,4,12 180:19 183:22 188:24 190:7 208:20 210:12 215:13 216:20 221:10 225:17,17 229:25 230:1 231:7,14,17 250:16 251:1 252:22 255:9,10 stuffed 156:7 Subic 205:4,10,13 205:24 Subject 61:14 subset 188:1 substances 195:2 sucked 232:18 suffering 27:7 suggested 38:18 suggesting 47:25 Suite 2:15 3:14,22 4:8,16,23 sum 96:9 100:22 summing 99:8 Sumner-class 147:20 sup- 98:4 superior 38:18 superstructure-li... 135:24 supervision 277:11 supervisors 98:4 supplied 78:14 81:16 82:25 86:23 144:3 213:18 230:15 supply 78:16,17 155:20,24 support 199:9,10 suppose 78:19 supposed 31:16 sure 8:14 9:3,6,8 18:18 33:20 35:17 42:23 44:20 55:12 57:8 66:9 76:3,9 76:21 81:9,10,20 87:1 89:12 98:8 109:20 118:9 132:20 153:4 155:16 163:13 167:1 177:18 195:25 202:24 219:13,21 237:5 246:1 253:19 274:3 surrounded 105:1 189:5 surrounding 93:25 sustained 197:16 swapping 204:23 206:15 swear 82:17 sweating 189:13 switch 214:11 switching 165:2 sworn 8:3 277:8 system 24:13,14 29:24 30:3,7 112:1,2 198:22 211:18 212:2,5,17 212:20,25 systems 4:12 24:4 T T 6:1,1 12:20 table 60:10 Tafaro 4:6 7:3,5 8:8,9,17,19 10:24 11:4,8,14,22,24 17:17,25 19:1,6,9 20:2,4 21:2 31:7 31:17 32:5,17 33:11,23 34:17 35:9,18,23 36:9 36:19 38:12 39:6 40:19 41:9,14,19 42:9,22 43:6,16 43:25 44:16 46:11 46:18,20 47:2,17 48:9 49:17,25 50:6,13,20,24 51:2,16 52:23 53:13 54:4,23 55:7,18 56:8 57:9 57:17 60:8,16,20 61:3,6,8,13 62:2 62:11,20,25 63:11 63:12 87:24,25 91:4 99:19 101:5 107:12 110:7,19 110:23,25 112:14 112:19,21 117:18 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 301 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 302 117:23,25 120:13 120:21 122:22 123:11,20 125:20 128:18,22 129:23 130:9,15 274:15 tag 175:20,21 tags 222:6,9 take 9:8,11 29:4,14 30:3 59:22 61:4 62:21 63:2,6 86:7 91:5 92:21 94:1 101:18 104:16,19 111:10 114:9 130:11,14 136:5 137:3,22 138:19 142:9 144:25 157:9 177:10 179:6 195:21 196:3,4 206:22 216:12 218:2,10 218:12,24 221:11 226:21 227:7,8 229:24 245:4,6 250:10 253:17 taken 6:5 90:6 130:25 174:19,20 176:8 245:11 277:7 takes 37:2 114:12 talk 9:21 27:16 60:21 118:9 120:8 129:14 167:15 188:17 194:4 205:12 talked 60:25 88:22 96:4 110:16,18 118:2,10,14,18 119:12 121:1,17 134:15 135:3 137:15 140:14 182:12 184:9 195:2 199:23 201:3 251:18 253:25 256:2,24 258:16,22 266:11 talking 9:19 42:13 44:23 56:12,15 75:21 77:16,17 78:24 88:6 89:13 96:13 100:23 103:5 108:6 112:15 117:16,19 119:1 150:15 167:16 172:22 183:1 185:18 193:21 253:1 257:24 258:3 tall 152:24 153:2 155:6 tanks 185:9 tape 87:14 217:20 task 38:23 222:25 272:4 tasks 201:25 223:15 teach 36:25 209:13 tear-outs 194:10 tearing 194:14 technical 8:13 technician 23:23 television 161:7 tell 8:25 12:7 13:9 16:6 22:14 23:3 32:23 41:22 47:21 51:11 70:3 72:14 73:5,9,12,18 77:13 78:6,10,25 79:21 82:15,20,24 84:15,20 128:23 132:15,23 135:16 136:7 140:10 146:10 151:7 152:7 153:6 166:16 167:21 168:15,18,21 169:10,11,14,24 170:2 171:1,19 174:12 193:10 195:4 196:12 212:17 214:19 228:11 229:3,22 230:22 236:3,22 236:25 237:16 241:5,8,13,16,19 241:22 242:16,19 245:22 248:22 253:11 256:22 258:11,20 259:10 261:19 telling 246:7 tells 39:21 212:3 temperature 231:23 253:18 256:6 ten 78:18 201:1 tendency 9:22 131:10 tender 226:3 term 123:22 terms 123:23 test 206:23 tested 51:21 testified 65:15 73:22 74:20 78:22 240:11 testify 8:4 277:8 testifying 117:8 testimony 88:24 99:24 100:10 102:10 117:8 170:7 171:8 174:7 174:7 177:2 228:1 247:15 258:6 262:3 266:22 268:16 271:5 272:16 277:7,9 Testing 22:6 100:8 112:24 121:8 tests 51:23 Texas 125:22 text 208:20 textbook 37:13 thank 39:25 69:22 87:6 99:8 170:16 176:2,18 188:6 194:25 204:12 226:2 227:10 233:20 244:4,22 247:1,3 249:21 258:11 263:12 276:2 Thanks 265:4 thick 37:16 238:13 thin 189:15 thing 8:21 23:22 29:8 36:8 38:10 119:20 126:24 135:24 158:1 172:5,6,12 195:24 201:18 203:19 218:21 224:25 270:10 271:19 things 18:12 21:24 29:1,10 30:9 36:24 44:14,24 45:2 53:1 59:4 74:7 79:6 90:16 90:17 110:18 122:9 148:2 168:5 168:6 181:12 185:11 202:11 203:23 209:18 215:12 225:21 238:9 245:21 258:4 265:23 269:23,25 think 11:5 26:12 27:20 28:18 34:18 43:14 50:2,15 66:20 67:22 74:19 78:2 81:7 87:3 99:10 109:15 132:19 143:23 153:23 160:4,15 175:19 180:5 181:11 182:17 184:25 188:5 190:17 191:17,17 194:1,1,2 197:7 199:7 201:3 202:1 202:16,25 204:7 219:8 248:4,11 251:7 252:25 256:14 257:6 260:6,23 261:6 262:25 thinking 265:12 third 13:20 22:20 86:18 152:19 206:21,23 207:4 208:3,6 210:6,16 218:20 Thompson 3:20 144:15 267:21 268:20 269:8 273:11 thorough 141:24 142:1 thoroughly 16:13 141:20 232:2 thought 31:4 181:7 231:10 246:14 thousands 72:10 117:2 202:6,6,7 thousandths 215:3 three 21:25 60:21 94:19,21 95:14 109:7 118:24 120:25 121:5 131:21 135:19 151:18 152:6 190:18 224:5,16 226:6 247:22 253:4 263:20 three-quarter 195:7,9 throttle 103:7,11 104:13,17,20 106:5,7,7,11,18 106:20 109:10 110:1,11 111:7,16 throttles 116:12 tight 140:25 tighter 140:23,24 140:24 time 9:9,10,16 12:5 12:22,24 13:1 14:6,15 16:9,15 21:25 23:1,2,19 25:16 26:19 28:23 30:6 59:11 60:22 61:1,5 63:3 65:5 68:8,9,10 73:6,10 76:7,15 77:24,24 78:17 79:10,11 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 302 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 303 80:21 86:11,12,20 93:1,17 95:15,23 96:5 98:23,24 100:2 107:21 108:12 111:13 114:2,21 115:19 116:15,16,22 122:2 124:25 126:14 130:20 134:22 139:9,13 145:18 146:25 147:1 152:3 153:20 165:3 170:2,3 176:3 179:9,19 184:6,16 186:10,19 187:7 187:11,17 188:2,6 188:11 189:25 193:16 197:3 201:25 202:5,8,10 203:13,17 210:17 211:19 212:19 214:10 216:6 218:20,20 219:10 219:11 221:24 222:18 229:16 242:19 249:23 250:8,10,13,15,18 250:19,25 251:5,8 251:10 252:8,11 252:17 253:7 254:2,10,19 257:20 260:6,19 265:25 266:5 273:19 timeline 16:18 times 9:18 21:22 32:23 53:2 79:17 93:2 94:15 104:15 135:16,19 139:24 140:10 159:12 162:22,24 163:1 164:11,14 172:13 179:10 180:11,22 190:11,18,25 201:23 222:15 233:7 251:19 263:20 timing 63:14 tiny 154:3 titanium 52:14 today 8:11,20 23:5 24:24 28:14 64:2 64:9 65:15 74:20 88:5 91:24 109:14 109:18 110:11 124:21 125:9 127:24 130:20 135:4 148:14 150:24 156:15 171:7 197:18 239:20 247:12 256:24 Todd 211:1 told 12:23 14:8 15:23,24 16:10 24:24 26:22 45:18 52:3 54:9 84:25 88:5 90:1 91:24 94:11 95:19 109:9 109:10,14,18 110:1,11 111:7 113:24 115:17 116:20 117:10 118:2,3,23 119:9 182:17 189:17 190:1 246:1 247:11 258:21 261:25,25 262:15 263:5 264:1 tolerated 40:10 tomorrow 150:20 tonight 169:17 top 52:10 72:24 83:13 101:13 104:2 126:18 135:13,17 218:13 260:3,7 262:25 topics 8:21 torches 90:11 torpedo 58:1,2,2,5 58:6,7,9 total 86:6 96:9 187:14 223:1 totally 10:9,11 11:21 59:5 181:11 touch 125:8 126:1 126:6 127:3 tour 18:4,5 21:8,10 21:15,18,18 126:25 148:20,22 203:6 tours 22:14 town 150:8 223:11 toxic 44:24 tracking 78:21 train 231:10 training 21:12 116:17,18 177:15 177:20 178:1,6 246:24 250:15 transcribed 277:10 transcript 10:8,9 277:11,12,12 transcripts 11:1 transfer 62:5 255:24 256:3 transferred 12:19 15:19 23:20 152:1 transport 46:8 146:12 176:20 transported 255:14 transports 176:23 185:5 traveling 191:24 treated 201:5 treatment 150:7 166:1 treatments 166:8 tried 40:5 trip 44:25 troops 185:7 trouble 23:24 141:7 trucks 185:9 true 35:20 36:25 39:9 40:6 62:15 62:19 92:19 151:20 157:13 248:15 260:4 261:20 262:21 269:3 277:11 try 8:18 9:20,24 12:1 16:23 49:18 100:1 131:13 141:9,13 168:13 202:13 228:24 245:18 trying 20:15 42:6 51:11 94:24 115:16 141:15 145:2 148:15 153:16,17 237:11 246:2,4 tugboat 146:21 tumor 165:20 tunnel 140:18 turbine 102:20,24 105:1,6,9,14 106:8,25 108:15 108:19,23 154:19 turbines 46:4 102:9 102:11,15,18 103:8 106:14 119:14 253:15,15 turbo 103:9 105:24 106:2 107:13 108:7,13 111:22 116:10 134:12 155:9 254:12 turn 50:7 106:2 141:1 turning 106:8 twice 138:24 152:10 218:16 two 10:25 15:5 25:2 60:25 61:19 79:3 95:3,19 102:25 103:25 109:23 124:4 129:8 135:19 136:3 144:23 149:16,21 149:23 151:19 155:5 176:17 181:11 185:7 191:3 192:8,9 195:2 196:8 203:22 213:15,19 226:6 239:13 252:13 258:7 274:8,20,24 275:7 TYNER 2:21 type 74:1 75:7,19 88:1 96:13 105:13 146:5,10 147:25 158:4 163:11,21 165:25 168:7 174:12 179:13 186:21 200:11 203:18 222:25 224:24 231:2,3,4 231:6 233:21 248:7,11 types 74:5 78:23 95:20 102:25 131:23 132:6 146:9 185:2 196:9 214:20 230:22 248:12,19,20 typical 174:21 typically 142:9 267:4,7 U U 6:1 U.S 261:25 uh-huh 206:24 213:4 240:8 248:14 268:13 Uh-uh 165:9 166:10 Ulrich 68:12 unable 170:7 unbolt 103:17 137:18 228:21 unbolting 93:9 uncle 165:20 uncontrolled 196:1 uncrate 181:25 182:2 underneath 42:24 understand 8:23 9:8 19:10,12 27:5 47:15 51:5,7 56:10,17 76:4,22 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 303 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 304 115:23 116:25 126:7 131:11,24 148:17 153:16,18 176:19 177:1 213:5,25 214:10 217:21 239:7 245:17 understanding 197:10 198:3 203:14 274:16 277:12 understood 9:15 30:10 32:8 40:21 41:15 51:10,14 256:13 262:22,23 underway 253:10 253:12 Unibestos 200:8,11 uniformity 58:20 61:17,18 uninsulated 256:15 union 29:25 unit 108:18 United 1:1 148:8 units 107:1,14 unlace 221:11 UNO 25:21,22 28:20 unusual 256:20 upper 154:19 155:9 253:14,22 urgency 159:6 URQUHART 2:13 use 12:1 33:25 46:6 70:19 137:25 141:13 142:1 162:11 163:11 164:5 181:2 187:3 214:23 264:22 user 24:1 users 24:1 uses 64:15 106:2 USNTC 177:17 USS 13:14,14,15,15 14:14 88:25 127:20 146:24 176:16 177:2,5 178:21 185:18,20 186:24 188:13 232:21 234:12,15 Usually 133:10,11 189:14,15 V V.A 150:7 vague 42:5 Vaguely 200:9 Vallejo 178:9 valve 92:6,7,18,22 93:10,20,25 94:5 96:18,22 97:23 99:12 104:20,25 106:6,7,7,11,18 110:11 111:7,16 132:9 133:2,8,12 133:20 134:20 135:1,10,11,13,14 135:17,18,22,23 135:23,25 136:13 136:17 137:19 138:20,21,23,24 139:5,21,25 140:8 140:16,16,20 141:1 142:8,10,22 143:1,5 171:21 172:9,12,23,25 173:9,13,16 174:10,16,21 175:3 179:16 190:1 194:14,15 195:22,23 202:8 212:8 valves 79:3,5,6 92:5 103:7,11 104:13,17 106:20 109:10 110:1 131:8,17,18,23 132:1,1,4,5,7,8,14 132:16,17,19,20 132:24 133:18,22 133:25 134:18 135:5 137:12 139:6,19,20,25 157:14 171:13,25 172:6,11 173:2,5 173:23 174:13,13 190:10 191:21,24 192:8 193:21 194:13,17 195:3,6 195:6,10 202:3,4 202:4,7,9 206:2 228:24 265:24 266:9 270:11,19 271:1,11 272:22 275:18 vane 83:15 vapor 189:19 varied 129:7 various 12:23 13:10,17 17:3 21:7,23,24 52:3 53:17 54:9,12 55:11 58:21 74:6 76:12 78:24 110:18 115:13 122:15 155:25 177:21 185:3 260:1 264:23 267:4 versus 1:8 59:12 70:8 152:4 vertical 84:16 171:2 234:3 241:14 248:24 vertigo 26:19 vessel 15:15 16:18 18:11 20:16 33:3 33:4 34:25 35:11 36:11 72:5,6 73:3 92:14 97:2,5 102:16 106:1 108:20 109:6 122:16 146:20 176:19 178:16,22 178:25 214:3 vessels 14:7 17:2,4 18:8 20:6 21:7 24:21 31:11 33:12 34:1 36:21 44:2 45:10,14 48:12 53:17 56:10,11,24 57:2 58:17,21 61:17 67:21 68:1 70:1 72:22 80:1 84:21 85:1 86:18 102:14 108:22 117:1 119:15 121:2 122:15 126:20 128:4 134:1,15,23 135:1 176:15 178:11,19 184:25 185:3,21 185:23,24 197:17 202:13 224:6,16 Veterans 25:2 vibrate 259:10,11 vibration 259:16 vicinity 119:8 Vickers 66:19 video 5:11,11 8:5 18:22 20:21,25 32:19 63:7 64:3 87:9,15,21 130:23 131:1 144:11,17 176:6,9 216:23 217:3,16 226:12 245:9,12 276:5 Videotaped 1:18 Vietnam 30:23 148:21 259:4 Viking 68:16 vintage 214:1 violations 38:25 violent 259:22 visible 272:23 273:7 visit 26:16 206:10 voice 263:13 voluntarily 150:3 voluntary 150:5 volunteered 261:24 W W 2:22 wage 198:9,13 wages 198:4 wait 10:25 50:25 62:24 110:20 218:19 waived 6:10,13 walk 137:15 140:13 140:15 225:11 walking 101:13 192:19 wall 90:21 want 9:8,9,11 10:21 11:9 16:24 19:14 19:20 25:24 30:8 57:18 59:8 60:4 69:23 76:3,9,21 81:11,20 84:4 87:12 89:11 96:12 98:8 109:20 111:10,25 112:3 114:10 118:9 119:13 125:5 130:11 136:23 139:16 140:1 141:19 202:12 218:16 220:2 226:24 227:5,6,8 238:10 245:4,23 wanted 126:8,9 212:15 214:11 217:20 260:16 wants 98:7 war 39:12 149:1 159:23,25 214:1 Ward 12:11,25 24:18 warehouses 78:20 warned 42:3 warning 45:3,4 warnings 44:19 45:3 129:9,15,22 Warren 3:9 66:3,7 69:20 232:20,24 233:3,17,22,24 234:2,5,8,13,14 234:19,24,25 235:7,13,20,23 236:1,3,7,15,19 236:23 237:1,4,6 237:24,25 238:3 238:11,21,23,23 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 304 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 305 239:1,1,14,14,18 239:21,25 240:3 267:17 wasn't 10:20 65:4 77:6 98:5 117:19 122:7,7 156:17 159:19 204:4 209:6 212:11,20 259:21 264:5,5 waste 220:21 wasting 219:4 watch 13:24 18:21 55:1 85:11 253:7 253:9,10,12,14 watches 17:11 watching 16:25 water 20:9 73:15 73:16 76:18 107:24,24 108:4 123:8 133:14,15 189:16 196:18,19 196:20 217:12 226:24 231:4,11 231:16 249:13 252:22 255:13,25 256:4,10 way 13:11 28:21 44:14 48:13 78:21 81:8 96:6 120:1 121:9 122:3,9,12 139:2,4 145:23 169:3,4 212:24 220:11 229:4 238:17 272:11,12 ways 196:2 228:20 wazoo 72:12 we'll 9:18 12:1 13:5 16:15 22:8 50:25 59:21 61:4 99:8 111:11 119:6 126:13 202:15 we're 8:7 9:10,19 10:8 11:5 21:1 59:2 64:4 77:17 78:24 87:23 89:11 89:12,13 100:14 124:24 130:14 131:3 144:18 176:10 193:20 210:4 217:4,18 240:9 245:13 274:19 wear 164:18 215:1 225:18 251:9 255:6 wearing 73:23 74:22 75:4,16 77:18 85:22 86:1 86:3,11 227:20 228:13 Wednesday 1:24 week 17:13 weeks 17:14 weight 168:18 WEINER 3:10 weld 90:11 welded 70:20 Welfare 200:4 Wendel 3:5 197:6 went 12:7,12,15,16 15:2 23:9 27:6 30:6 36:20,21 45:14 106:15 121:10 145:22 148:21 150:3 167:1,2 177:7,21 177:22,23,24 203:5 205:3 206:5 206:8 208:10 209:11,12 246:22 weren't 24:21 86:16 159:21 209:5 225:16 West 1:23 2:8 western 18:5 Westinghouse 99:22 100:3,11,13 101:6,10,25 102:7 102:11,14,15,17 106:13,18 109:17 109:25 110:10,17 111:9,15,19 113:7 113:14 114:20,24 115:8,12,14,18 117:17 118:5,19 118:20 119:21 120:15,20 121:23 Westinghouse's 119:23 white 143:18 222:4 wide 153:21,24 154:4,10,13 width 153:23,25 154:9 WILKINSON 4:20 Willamette 202:24 202:25 203:25 204:12,14,18 William 1:6,20 8:1 64:11,18,20,21 WILLIAMS 4:13 winch 255:10 winches 14:2 wire 137:23 173:13 221:8 wishy-washy 39:21 withdraw 50:21 withdrawing 50:18 withdrew 65:7,13 witness 6:4,24 17:8 30:15,19 31:15 32:15 33:9,18 34:7,15 35:4,15 36:3,17 38:1,5 40:17 41:5 43:4 43:13,23 44:7 45:24 47:14 48:7 49:15 51:12 53:11 53:22 54:1,16 55:5,16 56:6 57:13 61:25 62:9 62:18 68:13 70:24 71:7 74:14 75:12 80:6,16 84:12 87:7 91:2 99:17 99:23 101:3 120:10,18 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192:24 193:20,22 194:2 199:19 200:2 201:25 204:13,17 206:12 208:25 209:16 212:24 214:16 215:22 219:13 221:24 225:10 227:19 228:8,12,14 252:18 253:21 254:2,14,16,17 255:3 265:20 267:5,12,17 268:1 268:8,18 269:5,17 269:22,24 270:11 271:12 worked 13:17,18 13:19,21,23,23 14:1,2,2,4 23:18 54:25 56:25 65:7 68:8,10 70:4 71:18 72:16 73:6 73:10,14 79:5,15 82:16 83:6,20 85:1,7,10,12,16 85:17,21 86:17,19 89:6,17 98:24 99:5,6 100:24 108:13 116:14 119:16 131:17 145:18 151:8,10 165:7 167:24 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 305 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 306 168:9 169:1,25 170:3 171:25 176:15 178:12,17 178:19,22 180:22 183:21 185:3,22 186:18 187:23 188:11,12 189:25 191:22 192:8 200:4 224:6 230:23,25 231:1,2 231:3,8 233:7 236:22,25 240:11 241:17 242:16,20 243:6 244:13 250:2 252:13 254:9,22,25 255:15 269:20 270:19,25 271:7 271:18,19 worker 23:13 workers 89:6 94:13 96:20,23 204:1,14 205:16 working 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165:12 175:10 177:21 182:14 184:15 190:3 191:7,7 207:5 221:13 222:23 237:5 248:16 252:6,20 259:12 261:20 year 12:17,18,19 12:19 15:11 17:14 25:4 89:23 113:22 152:5,5 190:15 230:8 246:6 250:10 252:12 254:20 years 13:10,14 15:14 25:10 72:15 76:13 80:20 83:6 92:12 97:17 104:14 120:2 124:7 125:5 129:6 129:13 141:3 159:12 162:25 183:22 187:15 201:1,11,16 225:21,21,22 229:12 246:2,4 252:13 259:25 yellowish 232:16 Yokosuka 211:16 211:17 York 2:20 188:9,11 188:12,18 189:13 189:25 191:6,10 191:12,15 192:12 192:24 193:16 194:2,5,7,10,11 194:18 195:18 196:6 young 29:8,9 127:16 260:9 Z Z 82:5 183:23 zone 149:1 0 1 10 72:19 154:4 188:1 100 72:19 79:9 153:12 1062 4:15 1100 3:21 4:7 12 222:18 12:02 62:24 63:1,1 1200 4:23 13 54:18 222:19,24 1300 3:14 131 7:6 14 128:25 1434 277:15 144 7:7 15 92:23 93:14,15 93:19 94:7 104:18 154:5 174:20 187:14,16,20 188:2 202:2 1550 1:23 2:8 1615 3:13 1646 2:23 176 7:8 1800s 57:24 188 7:9 18th 14:20 1900s 57:24 1943 12:10 65:1 1960 12:5 13:3,6 209:9 1960s 31:2 32:9 1961 14:18 177:3 1962 14:19,23 177:3 1963 15:3 1964 15:4,8 1965 15:17,18 113:23 1966 15:18,22 16:20,21 1967 16:19 89:25 1968 13:6 16:22 197 7:10 1972 25:4 1973 23:19 1979 65:4 1987 23:19 1991 29:19 1994 24:5 198:5 2 2 1:25 8:6 2:02 62:21 20 80:20 92:11,23 93:15 124:7 152:14,15 154:5,5 158:7,9 187:14,16 187:21 195:24 202:2 229:24 200 179:12 2014 129:1 2015 1:25 218 176:17,18 22 27:20 222 4:16 226 7:11 24 17:12 185:6 245 7:12 25 79:10,13 147:5 202:1 2630 12:11 265 7:13 2700 2:15 275 7:14 3 3 87:22 216:11,12 224:4 30 138:22 142:11 152:14 174:20 31st 12:10 14:18 65:1 3200 3:22 3517 1:21 8:2 37:2554 277:8 3700 4:8 3900 4:22 Case 2:15-cv-06394-LMA-DEK Document 229-5 Filed 08/17/16 Page 306 of 307 WILLIAM BELL (DISCOVERY) December 2, 2015 JOHNS, PENDLETON, FAIRBANKS AND FREESE 504 219-1993 Page 307 39157 4:17 39403 2:24 4 4 131:2 217:4 224:3 4,932 29:20 40 152:15 201:11 250:13,17 400 2:16 43 25:10 438-60-8479 64:24 44 25:10 47 148:21 149:11 5 5 217:17 5:00 274:5 50 72:19 228:14,16 52 17:14 56 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K R A D I N , M J ) ^ D . T . M . & H . I , R i c h a r d L . K r a d i n , M . D . , D . T . M & H , b e i n g first d u l y s w o r n , s ta te as f o l l o w s : M y n a m e i s R i c h a r d L . K i a d i n , M . D . , D . T . M & H , a n d I a m o v e r 18 y e a r s o f a g e a n d m a k e tiiis a f f i d a v i t fiom m y o w n p e r s o n a l k n o w l e d g e . T h e f o l l o w i n g o p i n i o n s a n d s t a t e m e n t s a r e m a d e w i t h a r e a s o n a b l e d e g r e e o f m e d i c a l p r o b a b i l i t y b a s e d o n m y k n o w l e d g e , e x p e r i e n c e , e x p e r t i s e a n d t r a i n i n g , o n g e n e r a l l y a c c e p t e d m e d i c a l a n d s c i e n t i f i c p r i n c i p l e s , a n d o n pee r - r e v i e w e d a n d p u b l i s h e d l i t e r a t u r e d ^ n b e d h e r e i n . T h e m e t h o d o l o g y a n d bas i s f o r t he se o p i n i o n s a r e n o t n o v e l , a r e g e n e r a l l y accep ted i n t h e m e d i c a l a n d s c i e n t i f i c c o m m u n i t y , a n d h a v e b e e n s u b j e c t e d t o p e e r - r e v i e w a n d p u b l i c a t i o n . W h i l e I m a y n o t ag ree w i t h e v e r y s e n t e n c e o f e v e r y d o c u m e n t c i t e d h e r e i n , t h e m a t e r i a l s d i scussed b e l o w a r e s u f f i c i e n t t o f o r m a r e l i a b l e ba s i s f o r m y o p i n i o n s , a n d t h e y a r e t h e t y p e s o f m a t e r i a l s t h a t I a n d o t h e r d o c t o r s n o r m a l l y r e l y u p o n t o f o r m u l a t e o u r o p i n i o n s i n t h e e v e r y d a y p r a c t i c e o f m e d i c i n e , a n d o u t s i d e o f d i e l i t i g a t i o n C O T t e x t Q U A L I F I C A T I O N S I a m a p u l m o n o l o g i s t a n d p a t h o l o g i s t l i c e n s e d t o p r a c t i c e i n M a s s a c h u s e t t s . I h a v e s p e c i a l i z e d i n p u l m o n a r y d i sease f o r o v e r 3 7 y e a r s . I a m b o a r d c e r t i f i e d i n I n t e m a l M e d i c i n e , A n a t o m i c P a t h o l o g y , a n d P u l m o n a r y M e d i c i n e . M y a r e a s o f s u b - s p e c i a l i z a t i o n i n c l u d e p u l m o n a r y p a t f i o l o g y a n d a u t o p s y p a t h o l o g y . 1 a m a n A s s o c i a t e P h y s i c i a n a n d A s s o c i a t e P a t h o l o g i s t a t M a s s a c h u s e t t s G e n e r a l H o s p i t a l , a n d a n A s s o c i a t e P r o f e s s o r o f P a t h o l o g y a n d A s s o c i a t e P r o f e s s o r o f M e d i c i n e a t H a r v a r d M e d i c a l S c h o o l . I n a d d i t i o n t o m y M . D . , I h a v e a n a d v a n c e d d e g r e e m c h e m i c a l p h y s i c s a n d h a v e s t u d i e d e p i d e m i o l o g y a t t h e L o n d o n S c h o o l o f H y g i e n e . S i n c e t h e 1 9 8 0 s , I h a v e h a d a s p e c i a l i n t e r e s t i n d i e c l i n i c a l f e a t u r e s a n d p a t h o l o g y o f a sbe s to s - r e l a t ed d i seases . I d i r e c t p o s t g r a d u a t e w o r k o n a s b e s t o s - r e l a t e d d i seases a t H a r v a r d M e d i c a l S c h o o l a n d a m t h e P r i n c i p a l I n v e s t i g a t o r o n s e v e r a l r e s e a r c h p r o j e c t s , i n c l u d i n g o n e i n v o l v i n g asbes tos i s . I a m t h e D i r e c t o r o f a y e a r l y s e m i n a r o n a sbes to s - r e l a t ed p u h n o n a r y d i sease a n d c o - d u w : t o r o f a y e a r l y s e m i n a r o n t h o r a c i c p a t h o l o g y , b o t h t h r o u g h t h e H a r v a r d M e d i c a l S c h o o l . I r o u t i n e l y read t h e l i t e r a t u r e c o n c e r n i n g fiber r e l e a s e fiom v a r i o u s a sbes tos c o n t a i n i n g p r o d u c t s , i n c l u d i n g i n s u l a t i o n p r o d u c t s , a n d tiie e f f e c t s o n t h e h u m a n b o d y . I a m a l s o f a m i l i a r w i t h w h a t has b e e n p u b l i s h e d w H h r e g a r d t o t h e l e v e l o f a sbes tos p r e s e n t i n t h e a m b i e n t a i r . I h a v e a u d i o r e d o v e r 1 0 0 a r t i c l e s , i n c l u d i n g a r t i c l e s i n v o l v i n g a sbes to s - r e l a t ed d i seases . I h a v e p u b l i s h e d t w o t e x t b o o k s o f p a t h o l o g y , i h a v e d o n e r e s e a r c h o n t h e i m m u n o l o g i c a l d e f e n s e s o f t h e l u n g t o s o l u b l e a n d p a r t i c u l a t e a g e n t s a n d h a v e c o n d u c t e d N a t i o n a l I n s t i t u t e s o f H e a l t h - s p o n s o r e d c l i n i c a l t r i a l s r e g a r d i n g t h e t r e a t m e n t o f l u n g a n d o t h e r cancers . I n a d d i t i o n t o r e sea rch a n d t e a c h i n g , I h a v e p e r s o n a l l y c a r e d f o r p a t i e n t s w t h b o d i b e n i g n a n d m a l i g n a n t a s b e s t o s - r e l a t e d d i seases , a n d h a v e fiiequentiy h a d t h e o p p o r t u n i t y t o r e v i e w p a t h o l o g y s p e c i m e n s from p a t i e n t s w i t h a s b e s t o s - r e l a t e d d i s e a s e s a t M a s s a c h u s e t t s G e n e r a l H o s p i t a l as w e l l as cases s e n t t o m e fix)m o u t s i d e sou rces f o r m y o p i n i c m based o n m y e s t a b l i s h e d e x p e r t i s e w i t h t h e d i a g n o s e s o f t he se d i s o r d e r s . I h a v e p e r s o n a l l y r e v i e w e d h u n d r e d s o f b i o p s i e s o f a s b e s t o s - r e l a t e d m a l i g n a n c i e s , i n c l u d i n g m a l i g n a n t m e s o t h e l i o m a , a n d I h a v e p e r f o r m e d n u m e r o u s a u t o p s i e s i n p a t i e n t s w i t h a s b e s t o s - r e l a t e d d i s e a s e s . S i n c e t h e 1 9 8 0 s I h a v e t e s t i f i e d i n c o u r t o n m a n y o c c a s i o n s a s a n e x p e r t o n a s b e s t o s - Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 1 of 19 r e l a t e d d i seases , i n c l u d i n g i n p e r s o n a l i n j u r y t r i a l s i n v a r i o u s s t a t e s , i n c l u d i n g t h e S t a t e s o f L o u i s i a n a , T e x a s , C a l i f o r n i a , P e n n s y l v a n i a , M a r y l a n d , as w e l l a s o t h e r s . I h a v e b e e n a n e x p e r t w i t n e s s i n asbes tos l i t i g a t i o n o n b e h a l f o f d i e U . S . G o v e r n m e n t . M y q u a l i f i c a t i o n s a r e m o r e f u l l y d e s c r i b e d o n m y C u r r i c u l u m V i t a e ) . T h i s a f f i d a v i t i s l i k e l y t o b e a t t a c h e d t o a c a s e - s p e c i f i c report as a ba s i s f o r b o t h m y o p i n i o n s a n d m y m e t h o d o l o g y p e r t a i n i n g t o a d i a g n o s i s o f m e s o t h e l i o m a w i t e r e I h a v e b e e n a s k e d t o p r o v i d e , t o a r e a s o n a b l e d e g r e e o f m e d i c a l c e r t a i n t y , t h a t a n i n d i v i d u a l ' s m a l i g n a n t m e s o d i e l i o m a w a s c a u s e d b y h i s o r h e r c u m u l a t i v e o c c u p a t i o n a l , p a r a - o c c u p a t i o n a l o r d o m e s t i c o r e x p o s u r e s t o a sbes tos . M y c a s e - s p e c i f i c o p i n i o n s w i l l b e d i s c u s s e d m o r e a t t h e e n d o f t h i s a f f i d a v i t , a n d / o r i n d e p o s i t i o n t e s t i m o n y a f t e r m y report h a s b e e n rendered, b u t a n e : q ) l a n a t i o n o f h o w t h e y w e r e r e a c h e d r e q u i r e s a n u n d e r s t a n d i n g o f t h e f o l l o w i n g f u n d a m e n t a l p r i n c i p l e s w h i c h a r e w e l l - d o c u m e n t e d a n d w i d e l y M c e p t e d i n t h e relevant m e d i c a l a n d s c i e n t i f i c c o m m u n i t y . G E N E R 4 I J L Y A C C E P T E D P R I N C I P L E S R E G A R D I N G M E S O T H E L I O M A : ^ A S B E S T O S C A U S E S M E S O T H E U O M A M e s o t h e l i o m a o c c u r s w h e n a sbes to s fibers c a u s e g e n e t i c e r r o r s i n m e s o t h e l i a l c e l l s w i t h i n t h e l i n i n g o f t h e ches t , a b d o m e n , o r a r o u n d t h e h e a r t - t h a t i s , t h e p l e u r a l , p e r i K m e a l , a n d p e r i c a r d i a l m e m b r a n e s . M u l t i p l e g e n e t i c e r r o r s m u s t t a k e p l a c e b e f o r e t h e c a n c e r d e v e l o p s . T h e d a m a g e t o D N A c a n o c c u r a s s o o n as t h e fibers r e a c h t h e t a r g e t c e l l s . I n t h e c a se o f m e s o t h e l i o m a , w i t h i n h o u r s o r d a y s a f t e r e x p o s u r e , a s b e s t o s fibers t h a t a r e t r a n s p o r t e d t o t h e p l e u r a a r e t a k e n u p b y t h e m e s o t h e l i a l c e l l s a n d r a p i d l y c a u s e g e n e t i c e r r o r s a n d o t h e r d a m a g e t h a t l e ads t o g e n e t i c e r r o r s . I n h a l a t i o n o f asbes tos c a n a n d d o e s a l s o i n c r e a s e c e l l d i v i s i o n a n d o t h e r b i o l o g i c a l responses t h a t p r o m o t e t h e d e v e l o p m e n t o f c a n c e r s a n d / o r r e d u c e t h e e f f e c t i v e n e s s o f t h e b o d y ' s d e f e n s e m e c h a n i s m s f o r fighdng t h e d e v e l o p m e n t o f c ance r . B y t h e t i m e a n i n d i v i d u a l i s d i a g n o s e d w i t h m e s o t h e l i o m a , m u l t i p l e e p i t h e l i a l o r m e s o t h e l i a l c e l l s h a v e a c c u m u l a t e d a s e r i e s o f g e n e t i c e r r o r s f r o m t h e a s b e s t o s fibers. E v e n t u a l l y , in p e r s o n s w h o d e v e l o p a m e s o t h e l i o m a , o n e o f t h e s e m u l t i p l e c e l l s w i t h m u l t i p l e g e n e t i c e r r o r s e scapes t h e b o d y ' s d e f e n s e m e c h a n i s m s a n d replicates t o f o r m t h e m e s o t h e l i o m a . I t i s g e n e r a l l y r e c o g n i z e d i n t h e m e d i c a l c o m m u n i t y t h a t a s b e s t o s i s a c o m p l e t e c a r c i n o g e n , w h i c h m e a n s i t c a n b o t h i n i t i a t e a n d p r o m o t e c a n c e r . T h e r e f o r e , t h e p e r s i s t e n t a sbes to s fibers a n d a d d i t i o n a l e x p o s u r e s a f t e r t h e i n i t i a l e x p o s u r e c a n n o t b e d i s c o u n t e d i n d e t e n m n i n g c a u s a t i o n . R a t h e r , t h e c u m u l a t i v e d o s e o f a sbes to s c a u s e s m e s o t h e l i o m a t h r o u g h b o t h d i r e c t a n d i n d i r e c t m e c h a n i s m s o v e r t h e e v o l u t i o n o f t h e cancer . ( I A R C M o n o g r a p h o n t h e E v a l u a t i o n o f C a r c i n o g e n i c R i s k s t o H u m a n s 2 0 1 2 ; 1 0 0 C : 2 1 9 - 3 0 9 ) I t i s g e n e r a l l y r e c o g n i z e d i n t h e m e d i c a l c o m m u n i t y t h a t a l l types o f asbes tos fibers cause m e s o t h e l i o m a , w h i c h i s d i s c u s s e d b e l o w i n m o r e d e t a i l . 2 - M E S O T H E U O M A I S A S I G N A T U R E D I S E A S E F O R A S B E S T O S E X P O S U R E M e s o t h e l i o m a i s r a r e . I t i s g e n e r a l l y accep ted i n t h e m e d i c a l c o m m u n i t y t h a t a sbes to s causes m e s o t h e l i o m a a n d t h a t t h e g j e a t m a j o r i t y o f m e s o t h e l i o m a s a r e c a u s e d b y a s b e s t o s . F o r o t h e r d i seases , s u c h a s l u n g c a n c e r , a sbes to s i s j u s t o n e o f m a n y c a u s e s t h a t o f t e n w o r k m c o m b i n a t i o n i n t h e c a u s a t i o n o f c a n c e r . A m o r e c o m p l e t e d i s c u s s i o n o f t h e m u l t i - f a c t o r a l c a u s a t i o n o f l u n g c a n c e r i s b e y o n d t h e s c o p e o f t h i s A f f i d a v i t . T h e c a u s a l relationship b e t w e e n e x p o s u r e t o asbes tos a n d m e s o t h e l i o m a i s s o f i r m l y e s t a b l i s h e d i n t h e s c i e n t i f i c l i t e r a t u r e t h a t m e s o t h e l i o m a i s c o n s i d e r e d a " s e n t i n e l , " " s i g n a t u r e " o r R icha rd L . K r a d i n , M . D . , D . T . M . & H . Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 2 of 19 " s i g n a l " t u m o r f o r asbes tos e x p o s u r e . T h i s m e a n s t h a t t h e p r e sence o f m e s o t h e l i o m a g e n e r a l l y " s i g n a l s " p r i o r a s b e s t o s e x p o s u r e ; t h i s i s t r u e e v e n f o r i n d i v i d u a l s w h o c a n n o t r e c a l l t h e e x p o s u r e s - b e c a u s e t h o s e e x p o s u r e s o c c u r r e d decades a g o , w e r e u n k n o w n t o t h e i n d i v i d u a l a t t h e t i m e o f e x p o s u r e , o r f o r s o m e o t h e r r e a s o n . I n d e e d , m a n y i n d i v i d u a l s a r e n o t a l w a y s a w a r e t h a t t h e y h a v e a h i s t o i y o f e x p o s u r e t o a sbes tos . ( L e i g h e t aJ. 2 0 0 2 ( " P a s t e x p o s u r e i s n o t a l w a y s recognized a s s u c h a n d t h i s i s m o r e l i k e l y t o b e t h e c a se i n f e m a l e s . I n d e e d e v e n a b s e n c e o f fibers i n t h e l u n g s d o e s n o t nega t e e x p o s u r e a s fibers m a y h a v e i n i t i a t e d m e s o t h e l i o m a a n d t h e n b e e n c l e a r e d b e f o r e d e a t h . " p p . 1 9 4 , 1 9 8 ) . 3 - M E S O T H E L I O M A I S A D O S E - R E S P O N S E D I S E A S E M e s o t h e l i o m a i s a dose - r e sponse disease , w h i c h m e a n s t h a t t h e m o r e s o m e o n e i s e x p o s e d t o a sbes tos , t h e g r e a t e r t h e i r r i s k f o r d e v e l o p i n g m e s o t h e l i o m a . I f a p e r s o n i s e x p o s e d t o f e w e r asbes tos fibers, t h e n t h e r e w i l l b e f e w e r fibers t h a t u l t i m a t e l y m a k e t h e i r w a y t o t h e p l e u r a o r p e r i t o n e u m . O n t h e o t h e r h a n d , i f a p e r s o n is e x p o s e d t o m o r e a sbes tos fibers, t h e n t h e r e w i l l b e m o r e fibers t h a t m a k e t h e i r w a y t o t h e p l e u r a o r p e r i t o n e u m . T h i s i s t h e n a t u r e o f t h e d o s e - response relationship b e t w e e n a sbes tos e x p o s u r e a n d m e s o t h e l i o m a : t h e m o r e a sbes tos e x p o s u r e a n i n d i v i d u a l h a s , t h e g r e a t e r h i s o r h e r c h a n c e o f d e v e l o p i n g m e s o t h e l i o m a . H o w e v e r , f o r a n i n d i v i d u a l w h o d e v e l o p s m e s o t h e l i o m a a n d h a s h a d m u l t i p l e e x p o s u r e s t o a sbes tos ( f o r e x a m p l e , a t d i f i f e r e n t j o b s o r t o d i f f e r e n t p r o d u c t s ) , i t d o e s n o t f o l l o w t h a t t h e s h o r t e r o r b r i e f e r e x p o s u r e s d o n o t p l a y a r o l e i n c a u s i n g t h e d i sease . M e s o t h e l i o m a i s a s i n g l e i n d i v i s i b l e d i s e a s e t h a t i s t h e r e s u l t o f a n i n d i v i d u a l ' s t o t a l a n d c u m u l a t i v e e x p o s u r e s t o a s b e s t o s - s h o r t e x p o s u r e s , l o n g e x p o s u r e s , b r i e f e x p o s u r e s , h e a v y e x p o s u r e s . N e i t h e r a sbes tos fibers n o r t h e d i sease m e s o t h e l i o m a d i f f e r e n t i a t e b e t w e e n s h o r t , l o n g , b r i e f o r h e a v y e x p o s u r e s . W h e n i t c o m e s t o t h e d i sease m e s o t h e l i o m a , n o o c c u p a t i o n a l e x p o s u r e c a n s c i e n t i f i c a l l y b e d i s c o u n t e d o r c o n s i d e r e d i r r e l e v a n t - a l l o c c u p a t i o n a l , d o m e s t i c a n d p a r a - o c c u p a t i o n a l e x p o s u r e s , w h i c h b y d e f i n i t i o n a r e a b o v e b a c k g r o u n d , c a u s e t h e d i s e a s e . T h e f a c t t h a t m e s o t h e l i o m a i s c a u s e d b y c u m u l a t i v e e x p o s u r e s is fiirther s h o w n b y t h e l a t e n c y p e r i o d - t h a t i s , t h e l e n g t h o f t i m e b e t w e e n t h e first e x p o s u r e a n d t h e o n s e t o f t h e d i sease . L a t e n c y f o r m e s o t h e l i o m a i s t y p i c a l l y t w o t o s i x decades . I t t e n d s t o dec rease as t h e n u m b e r o f e x p o s u r e s inc rease : t h e m o r e e x p o s u r e s t o asbestos , t h e q u i c k e r t h e d i sease p rocess b e g i n s . I t i s g e n e r a l l y a c c e p t e d i n t h e m e d i c a l c o m m u n i t y t h a t a p h y s i c i a n n e e d n o t a n d i n d e e d c a n n o t i d e n t i f y w h a t s p e c i f i c fiber o r s p e c i f i c e x p o s u r e u l t i m a t e l y " c a u s e d " t h e m e s o t h e l i o m a - t h a t i s , w h a t fiber " b r o k e t h e c a m e l ' s b a c k " b y c a u s i n g t h e final g e n e t i c e r r o r t h a t t r a n s f o r m s a d a m a g e d b u t n o n - c a n c e r o u s c e l l i n t o t h e first c a n c e r c e l l t h a t e v a d e s t h e b o d y ' s d e f e n s e m e c h a n i s m s . T i y i n g t o i d e n t i f y w h i c h e x p o s u r e t o asbes tos b e g a n t h e m a l i g n a n t p r o c e s s f o r m e s o t h e l i o m a i s l i k e p o i n t i n g t o t h e p a c k o f c iga re t t e s t h a t c a u s e d a s m o k e r ' s l u n g c a n c e r - b o t h a r e i m p o s s i b l e a n d m a k e n o s e n s e s c i e n t i f i c a l l y . A n d as a p r a c t i c a l m a t t e r , a w o r i c e r i s n e v e r e x p o s e d t o a s i n g l e fiber - o c c u p a t i o n a l a n d p a r a - o c c u p a t i o n a i e x p o s u r e s t o a sbes tos i n t h e r e a l w o r l d i n v o l v e s e x t r e m e l y s m a l l fibers released a n d i n h a l e d i n e n o r m o u s l y h i g h a m o u n t s . 4 . A L L F O R M S O F A S B E S T O S C A N C A U S E A L L O F T H E A S B E S T a S - R F J . A T i r n D I S E A S E S . M C L U D N G M E S O T H E L I O M A T b e r e i s o v e r w h e U n i n g , g e n e r a l l y accep ted e v i d e n c e t h a t i n h a l a t i o n o f a sbes tos fibers o f a n y t y p e ( c h r y s o t i l e , a m o s i t e , c r o c i d o l i t e , t r e m o l i t e , a n t h o p h y l l i t e a n d a c t i n o l i t e ) , fiom a n y s o u r c e o r p r o d u c t , causes a l l o f t h e a s b e s t o s - r e l a t e d d iseases , i n c l u d i n g m e s o t h e l i o m a . M e s o t h e l i o m a i s a t u m o r o f t h e s e r o s a l l i n i n g s o f t h e c h e s t ( t h e p l e u r a ) , t h e a b d o m e n ( p e r i t o n e u m ) , t h e h e a r t R i c h a r d L K r a d i n , M I ) , D . T M & R 3 Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 3 of 19 ( p e r i c a r d i u m ) a n d tes tes ( t u n i c a v a g i n a l i s ) . T h e c e l l s o f t h e s e r o s a l m e m b r a n e s s u r r o u n d i n g t h e l u n g s , a b d o m e n , h e a r t a n d tes tes a r e e s s e n t i a l l y t h e s a m e , a t a c e l l u l a r l e v e l , a n d r e a c t t o a sbes to s i n t h e s a m e m a r m e r . A l l v a r i a n t s o f d i f f u s e m a l i g n a n t m e s o t h e l i o m a , i n a n y l o c a t i o n o f t h e b o d y , c a n be caused b y a l l f o r m s o f asbes tos , i n c l u d i n g c h i y s o t i l e . T h e s e g e n e r a l l y accep ted p r i n c i p l e s r e g a r d i n g asbes tos d i sease c a u s a t i o n , a n d t h e m e t h o d o l o g y b e h i n d t h e m , a r e n o t n e w o r n o v e l i n t h e m e d i c a l a n d s c i e n t i f i c c o n m i u n i t y . V a r i o u s o c c u p a t i o n a l e p i d e m i o l o g y , r e g i s t r y a n d cases s t u d i e s c l e a r l y l i n k a l l t y p e s o f a s b e s t o s , i n c l u d i n g c h i y s o t i l e a sbes tos , t o p l e u r a l a n d p e r i t o n e a l m e s o t h e l i o m a . T h e f o l l o w i n g a r e e x a m p l e s o f t h e m a n y s t u d i e s , t e x t s a n d r e p o r t s t h a t s u p p o r t o r f o r m t h e b a s i s f o r m y o p i n i o n s : H e i n , e t a L , FoUow-up study of chiysotile textile workers: Cohort mortalhy and exposure response, O c c u p . E n v i r o n . M e d . 6 4 : 6 1 6 - 6 2 5 ( 2 0 0 7 ) . E v e r a t t , e t a l , Occiqfational asbestos exposure among respiratory cancer patients in Lithuania, A m . J . I n d . M e d . 5 0 : 4 5 5 - 4 6 3 ( 2 0 0 7 ) . M i r a b d l l i , e t a L , Excess of mesotheliomas after exposure to chrysotHe in Balat^ero, Italy. O c c u p . E n v i r o n . M e d . 6 5 : 8 1 5 - 8 1 9 ( 2 0 0 8 ) . L o o m i s , e t a i , Lung cancer mortality and fiber exposures among North Carolina asbestos textile workers, O c c u p . E n v i r o n . M e d . 6 6 : 5 3 5 - 5 4 2 ( 2 0 0 9 N i s h i k a w a , e t a l . , Recent mortality from mesothelioma. Historical patterns of asbestos use and adoption of bans: A global assessment^ E n v i r o n . H e a l t b P e r a p e c t 1 1 6 : 1 6 7 5 - 1 6 8 0 ( 2 0 0 8 ) . S i k e r s t e i n , e t a t , Devehpntents in asbestos cancer risk assessnxtO, A m . J . I n d . M e d . 5 2 : 8 5 0 - 8 5 8 ( 2 0 0 9 ) . P i r a , e t a L , MortaUty from cancer and other causes bt the Balangero cohort of chrysotUe asbestos miners. O c c u p . E n v i r o n . M e d . 6 6 : 8 0 5 - 8 0 9 ( 2 0 0 9 ) . T u r c i , e t a l . , Role of associated mineralfibers in chrysotile asbestos health effects: The case ofBalangeroUte, A n n . O c c u p . H y g . 5 3 : 4 9 1 - 4 9 7 ( 2 0 0 9 ) . M a d k o u r , e t a L , Environmental e)q>osure to asbestos-re^nse reladonshqi with mesothelioma. E a s t e r n M e d i t e r r a n e a n H e a l t h J . , 1 5 : 2 5 - 3 8 ( 2 0 0 9 ) . Y a n o , e t a l . . Mesothelioma in a worker who spun chrysotile asbestos at home during childhood, A m . J . I n d . M e d . , 5 2 : 2 8 2 - 2 8 7 ( 2 0 0 9 ) . B a u m a n n , e t a L , Pleural Mesothelioma in New Caledonia: An acute environmental concern, C a n c e r D e t e c t P r e v . , 3 1 : 7 0 - 7 6 ( 2 0 0 7 ) . B a u m a n n , e t a L , Pleural Mesodielloma in New Caledonia: Associations with environmental risk factors, E n v i r o n . H e a l t h P e r e p e c t 1 1 9 : 6 9 5 - 7 0 0 ( 2 0 1 1 ) . R i d H i d L . K r a d i n , M J D , D.TM«&R Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 4 of 19 • F i n k e l s t e i n , e t a l . . Mesothelioma among employees of a Connecticut factory that manufactured friction materials using chrysotile asbestos, A n n . O c c u p . H y g . 5 4 : o 9 2 - 6 9 6 ( 2 0 1 0 ) . • E g i l m a n , e t a l , ^ case of occupational peritoneal mesothelioma from exposure to tremolite-free chrysotile in Quebec, Canada: A black swan case. A m J . I n d . M e d . 5 4 : 1 5 3 - 1 5 6 ( 2 0 1 1 ) . • K a n a r e k , Mesothelioma from Chrysotile Asbestos: Update, A E P V o l . 2 1 , N o . 9 p p . 6 8 8 - 9 7 ( 2 0 1 1 ) . • W a n g , e t a l . , Cause-Specific Mortality in a Chinese Chrysotile Textile Worker Cohort, J . J a p a n e s e C a n c e r A s s n . ( 2 0 1 2 ) . • S t a y n e r , e t a l . , The Worldwide Pandemic of Asbestos-Related Diseases, A n n u a l R e v e . P u b l i c H e a l t h , 3 4 : 4 . ! - 4 . 1 2 ( 2 0 1 3 ) . • R o e l o f s , C , e t a l , Mesothelioma and employment in Massachusetts: Analysis of cancer registry data 1988-2003. A m e r i c a n J . I n d u s t r i a l M e d . 5 6 : 9 8 5 - 9 9 2 . A m o n g v a r i o u s h e a l t h agenc ies a n d sc ien t i s t s , t h e r e i s g e n e r a l a g r e e m e n t t h a t a l l f o r m s o f asbes tos , i n c l u d i n g c h r y s o t i l e , cause a l l o f t h e asbes tos- re la ted diseases , i n c l u d i n g m e s o t h e l i o m a . T h i s g e n e r a l a g r e e m e n t i n c l u d e s a g e n c i e s a n d o r g a n i z a t i o n s s u c h a s : • U . S . P u b l i c H e a l t h S e r v i c e , U . S . D e p a r t m e n t o f H e a l t h & H u m a n S e r v i c e s . Toxicological Profile for Asbestos, A t l a n t a : A g e n c y f o r T o x i c S u b s t a n c e a n d D i s e a s e R e g i s t r y ( A T S D R ) , S e p t e m b e r 2 0 0 1 . "e jq^osune t o a n y a sbes tos t y p e ( i . e . s e r p e n t i n e o r a m p h i b o l e ) c a n i nc rea se t h e l i k e l i h o o d o f l u n g cancer , m e s o t h e l i o m a , a n d n o n m a l i g n a n t l u n g a n d p l e u r a l d i s o r d e r . " • A m e r i c a n C o n f e r e n c e o f G o v e m m e n t a l I n d u s t r i a l H y g i e n i s t s . A s b e s t o s : TLV® C h e m i c a l Subs tances 7 * E d i t i o n C i n c m n a t i , O H : A C G I H ; R e p o r t N o . : P u b l i c a t i o n # 7 0 0 0 - 0 4 0 ( 2 0 0 1 ) . " A m e r i c a n T h o r a c i c S o c i e t y , Diagnosis and initial management of nonmalignant diseases related to asbestos. Am. J . R e s p i r . C r i t . C a r e M e d . ; 1 7 0 ( 6 ) : 6 9 1 - 7 1 5 ( S e p . 1 5 , 2 0 0 4 ) . • E n v i r o n m e n t a l P r o t e c t i o n A g e n c y . A i r b o r n e A s b e s t o s H e a h h A s s e s s m e n t U p d a t e . S p r i n g f i e l d V A : N T I S ; R e p o r t N o . : E P A / 6 0 0 / 8 - 8 4 / 0 0 3 F ( J u n e 1 9 8 6 ) . • N a t i o n a l T o x i c o l o g y P r o g r a m . R e p o r t o n C a r c i n o g e n s , E l e v e n t h E d i t i o n . U . S . D e p a r t m e n t o f H e a l t h a n d H u m a n S e r v i c e s , P u b l i c H e a l t h S e r v i c e ( 2 0 0 4 ) . • O c c u p a t i o n a l S a f e t y a n d H e a l t h A d m i n i s t r a t i o n . O c c u p a t i o n a l e x p o s u r e t o asbes tos ; final r u l e . F e d e r a l R e g i s t e r , 5 9 : 4 0 9 6 4 - t 1 6 2 ( 1 9 9 4 ) . • C o n s u m e r Product S a ^ Q x n m i s s t o n . C A N C E R H A Z A R D ! a Consuma-Product5:SafetyAIatRq»rtNo.:CPSC D o c u m e n t # 5 0 8 0 ( 1 9 9 4 ) . • W o r k ! H e a W i Chganizat ion. E n v i r o n m e n t a l H e a l t h C r i t e r i a 2 0 3 : C h r y s o t i l e A ^ M s t o s . G e n e v a : W o r l d H e a W i O r g a n i z a t i o n ; ( 1 9 9 8 ) ; W o r l d H e a l t h O r g a n i z a t i o n . E l i m i n a t i o n o f asbestos R k h a i d L K r a d B i , M D . , D . T M & R Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 5 of 19 related diseases. R e f T y p e : Gener ic ( 2 0 0 6 ^ W o r i d H e a h h C ^ i ^ n i z a l i o n . E n v i r o n m e n t a l H e a l t h Cr i t e r i a S 3 : Asbes tos a n d O t h a - N a t u r a l M i n e r a l Fibres . G e n e v a : W o r i d H e a l t h Organ iza t ion ; ( 1 9 8 6 ) . • C o l l e g j u m R a m a z z i n i , The Case for a Globd Bern on Asbestos. E n v i r o n . H e a h h Perspectives. 1 1 8 : 8 9 7 - 9 0 1 ( 2 0 1 0 ) . • W o r i d T r a d e O r g a n i z a t i o n . E u r o p e a n C o m m u n i t i e s - M e a s u r e s A f f e c t i n g A s b e s t o s a n d Asbes tos - C o n t a i n i n g Prxxlucts . R q w r t N o . : W T / D S 1 3 5 / R ( 2 0 0 0 ) . • I A R C : M o n o g r a p h o n t h e E v a l u a t i o n o f C a r c i n o g e n i c R i s k s t o H u m a n s 2 0 1 2 ; 1 0 0 C : 2 1 9 - 3 0 9 ) 5 . D E T E R M I N I N G T H E C A U S E O F M E S O T H E U O M A D O E S N O T R E O U I R E Q U A N T I F I C A T I O N O F T H E A M O U N T O F A S B E S T O S T O W H I C H A N I N D n n O D U A L H A S B E E N E X P O S E D M e d i c a l p r o f e s s i o n a l s d e t e r m i n e c a u s a t i o n o f m e s o t h e l i o m a b a s e d u p o n t h e q u a l i t a t i v e h i s t o r y o f asbes tos e x p o s u r e , n o t b y q u a n t i t a t i v e a n a l y s i s o f t h a t e x p o s u r e . I t h a s b e e n g e n e r a l l y accep ted b y t h e m e d i c a l a n d s c i e n t i f i c c o m m u n i t y f o r decades t h a t a h i s t o r y o f a sbes tos e x p o s u r e i s t h e m o s t reliable e v i d e n c e u p o n w h i c h t o base a c a u s a t i o n d e t e r m i n a t i o n . T h a t i s , d o c t o r s rely u p o n t h e p a t i e n t ' s o r f a m i l y m e m b e r s ' d e s c r i p t i o n o f h i s h i s t o r y o f e x p o s u r e t o a sbes to s . N e i t h e r m e d i c i n e n o r s c i e n c e h a s e v e r r e q u i r e d a c a l c u l a t i o n o f s o m e q u a n t i t a t i v e d o s e o f a s b e s t o s e x p o s u r e i n o r d e r t o l i n k a pa t i en t ' s m e s o t h e l i o m a w i t h asbes tos e x p o s u r e . R e l i a n c e o n a h i s t o r y o f a sbes tos e x p o s u r e t o e s t a b l i s h c a u s a t i o n o f m e s o t h e l i o m a g o e s b a c k t o t h e l a n d m a r k s t u d i e s o f W a g n e r , S e l i k o f f a n d N e w h o u s e i n t h e 1 9 6 0 s , a l l o f w h i c h a t t r i b u t e d m e s o t h e l i o m a t o a h i s t o r y o f a sbes to s e x p o s u r e w i t h o u t a n y q u a n t i t a t i v e a n a l y s i s . T o tiiis d a y , u s i n g e x p o s u r e h i s t o r y t o d i a g n o s e m e s o t h e l i o m a i s a n a c c e p t e d m e t h o d o l o g y a m o n g s u c h h e a l t h o r g a n i z a t i o n s s u c h as t h e A m e r i c a n T h o r a c i c S o c i e t y , d i e A m e r i c a n C a n c e r S o c i e t y , a n d t h e N a t i o n a l C a n c e r I n s t i t u t e . T h e a t t r i b u t i o n o f a d i sease t o a g i v e n cause ( M e d i c a l C a u s a t i o n ) , p a r t i c u l a r l y i n d e a l i n g w i t h a s i g n a t u r e d i sease o f asbes tos e x p o s u r e l i k e m e s o t h e l i o m a , i s based o n t h e w e i g h t o f t h e e v i d e n c e a p p r o a c h a n d n o t o n t h e a b i l i t y t o q u a n t i f y a g i v e n e x p o s u r e o r s e t o f o q x K u r e s . I t i s g e n e r a l l y accep ted i n t h e m e d i c a l a n d s c i e n t i f i c c o m m u n i t y t h a t o n c e y o u h a v e a m e d i c a l p a t i e n t d i a g n o s e d w i t h m e s o d i e l i o m a w i t h a h i s t o r y o f o c c u p a t i o n a l , d o m e s t i c o r p a r a - o c c u p a t i o n a l a s b e s t o s e x p o s u r e , t h e m e s o d i e l i o m a i s a t t r i b u t e d t o a s b e s t o s e x p o s u r e . U n d e r t h e H e l s i n k i C r i t e r i a (Consensus Report. Asbestos. Asbestosis and Cancer: The Helsinki Criteria for Diagnosis and Attribution, S c a n d i n a v i a n J o u m a l o f W o r k a n d E n v i r x ) n m e n t a l H e a l t i i 1 9 9 7 , 2 3 : 3 1 1 - 6 ) a s s e s s i n g d i s e a s e c a u s a t i o n d o e s n o t r e q u i r e a q u a n t i f i c a t i o n o f a p a r t i c u l a r o c c u p a t i o n a l , d o m e s t i c o r p a r a - o c c u p a t i o n a l asbes tos e x p o s u r e because : a ) A s b e s t o s e x p o s u r e s a t " o c c u p a t i o n a l l e v e l s " result i n a s b e s t o s f i b e r l e v e l s t h o u s a n d s a n d t e n s o f t h o u s a n d s o f t i m e s h i g h e r t h a n b a c k g r o u n d / a m b i e n t a i r l e v e l s ; b ) A " s a f e " o r t h r e s h o l d l e v e l o f e x p o s u r e t o a sbes tos h a s n e v e r b e e n i d e n t i f i e d f o r t h e d i s e a s e m e s o d i e l i o m a ( d i s c u s s e d b e l o w ) ; a n d c ) A s b e s t o s e x p o s u r e s as s h o r t m d u r a t i o n as a f e w d a y s h a v e b e e n s h o w n t o c a u s e m e s o t h e l i o m a . R i c h a r d L K r a i i n , M D . , D . T A L & R 6 Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 6 of 19 See M o r r i s G r e e n b e r g cS: T . A . L l o y d D a v i e s , Mesothelioma Register 1967-1968, B r i t J . I n d . M e d . 9 ! , 9 1 - 1 0 4 ( 1 9 7 4 ) W S k a m m e r i t z E . , O l m a n d L H , J o h a n s e n J P , O m l a n d O , Asbestos Exposure and Survival in Malignatu Mesothelioma: A Description of 122 Consecutive Cases at an Occupational Clinic, 2 ( 4 ) L O c c u p a t i o n a l & E n v t l . M e d . 2 2 8 , 2 2 8 - 2 9 ( O c t 2 0 1 1 ) ^' T H E R E I S N O S A F E L E V E L O F A S B E S T O S E X P O S U R E B E L O W W H I C H M E S O T H E L I O M A W I L L N O T O C C U R E v e i y U n i t e d S ta tes g o v e r n m e n t a g e n c y ( i n c l u d i n g O S H A , N I O S H , C D C , N I H a n d E P A ) a n d e v e r y w o r l d a g e n c y ( i n c l u d i n g l A R C , W H O a n d I L O ) t h a t h a s r e v i e w e d t h e s c i e n t i f i c l i t e r a t u r e c o n c e r n i n g a sbes tos e x p o s u r e s a n d m e s o t h e l i o m a h a v e c o n c l u d e d t h a t t h e r e i s n o s a f e l e v e l ( o r t h r e s h o l d ) o f e x p o s u r e t o asbes tos tiiat has b e e n s h o w n n o t t o cause m e s o t h e l i o m a : E P A , 1 9 7 3 : " F i n a l l y , t h e a v a i l a b l e e v i d e n c e sugges t s a g r a d i e n t o f e f f e c t s i r o m d i r e c t o c c u p a t i o n a l , t o i n d i r e c t o c c u p a t i o n a l e x p o s u r e , t o i n d i r e c t o c c u p a t i o n a l e x p o s u r e t o f a m i l i e s o f w o r k e r s e x p o s e d t o a s b e s t o s ... [ t j h i s sugges t s t h a t t h e r e a r e l e v e l s o f asbes tos e x p o s u r e t i i a t w i l l n o t b e as soc i a t ed w i t l i a n y de t ec t ab le risk, a l t h o u g l i t l i e s e l e v e l s a r e n o t k n o w n . " N I O S H , 1 9 7 6 : " E x c e s s i v e c a n c e r risks h a v e b e e n d e m o n s t r a t e d a t a l l f i b e r c o n c e n t r a t i o n s s t u d i e d t o da te . E v a l u a t i o n o f a l l a v a i l a b l e h u m a n d a t a p r o v i d e s n o e v i d e n c e f o r a t l i r e s h o l d o r a ' s a f e * l e v e l o f a sbes to s e x p o s u r e . " N I O S H , 1 9 8 0 : " A l l l e v e l s o f asbes tos e x p o s u r e s t u d i e d t o d a t e h a v e d e m o n s t r a t e d a sbes tos r e l a t e d d i sease ... t h e r e i s n o l e v e l o f e x p o s u r e b e l o w w h i c h c l i n i c a l e f f e c t s d o n o t o c c u r . " U S P H S , 1 9 8 0 : " I t i s i m p o r t a n t t o p o i n t o u t t h a t w h e n a p e r m i s s i b l e l e v e l f o r e x p o s u r e ( P E L ) t o a c e r t a i n c a r c i n o g e n i s s e t b y O S H A , t h e r e i s n o i m p l i c a t i o n t h a t s u c h a l e v e l i s s a f e . T o t h e c o n t r a r y , i t i s tiie a g e n c y ' s p o l i c y t h a t a n v o c c u p a t i o n a l e x p o s u r e t o a c a r c i n o g e n c a r r i e s w i t h i t s o m e risk o f d i sease , e v e n i f i t c a n n o t b e e a s i l y o r p r e c i s e l y m e a s u r e d . " O S H A , 1 9 9 4 : " r e d u c i n g e x p o s u r e t o 0 . 1 f / c c w o u l d fijrtlier r e d u c e , b u t n o t e l i m i n a t e , s i g n i f i c a n t risk. T h e 0 . 1 f / c c l e v e l l e a v e s a r e m a i n i n g s i g n i f i c a n t r i s k . " • W H O , 1 9 9 8 : " E x p o s u r e t o c h r y s o t i l e asbes tos poses i n c r e a s e d risks f o r asbes tos i s , l u n g c a n c e r a n d m e s o t h e l i o m a i n a d o s e - d e p e n d e n t m a m i e r . N o t h r e s h o l d h a s b e e n i d e n t i f i e d f o r c a r c i n o g e n i c risks." W H O , 2 0 0 0 : " A s b e s t o s is a p r o v e n h u m a n c a r c i n o g e n ( l A R C G r o u p 1 ) . N o s a f e l e v e l c a n b e p r o p o s e d f o r a sbes to s b e c a u s e a t h r e s h o l d i s n o t k n o w n t o e x i s t E x p o s u r e t h e r e f o r e s h o u l d b e k e p t as l o w as p o s s i b l e . " R i c t e i d L . K i a d i n , M X ) , D . T . M . i f e R Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 7 of 19 7 . B R I E F A N D L O W - L E V E L A S B E S T O S E X P O S U R E S C A N C A U S E M E S O T H E L I O M A T h e c o n s e n s u s o f t h e s c i e n t i f i c c o m m u n i t y i s t h a t a l l o c c u p a t i o n a l , d o m e s t i c o r p a r a - o c c u p a t i o n a l e x p o s u r e t o a s b e s t o s - e v e n b r i e f o r l o w - l e v e l e x p o s u r e s - m u s t b e c o n s i d e r e d a c a u s e o f a n i n d i v i d u a l ' s m e s o t h e l i o m a . F o r decades , m e s o d i e l i o m a h a s b e e n s e e n i n i n d i v i d u a l s w i t h l o w l e v e l s o f a sbes tos e x p o s u r e , d a t i n g b a c k t o t h e 1 9 6 0 s . ( W a g n e r 1 9 6 0 ) N e w h o u s e a n d T h o m p s o n 1 9 6 5 . T h e e x p o s u r e s i n t h e s e a r t i c l e s w e r e s u s t a i n e d b y i n d i v i d u a l s w h o w o r k e d d i r e c t l y w i t h asbes tos a n d a s b e s t o s - c o n t m n i n g p r o d u c t s , b y p e o p l e w h o w o r k e d a s b y s t a n d e r s a r o u n d o t h e r s w o r k i n g w i t h a s b e s t o s - c o n t a i n i n g p r o d u c t s , b y f a m i l y m e m b e r s o f w o i i e r s w h o i n a d v e r t e n t l y b r o u g h t a s b e s t o s d u s t h o m e o n t h e i r c l o t h i n g , a n d b y t h o s e w h o l i v e d i n n e i g h b o r h o o d s w i t h i n d u s t r i a l s o u r c e s o f asbes tos , i n c l u d i n g a sbes tos m i n e s a n d p l a n t s . I n t h e s e a n d o t h e r l a n d m a r k a r t i c l e s , m e s o t h e l i o m a w a s i d e n t i f i e d a m o n g p e o p l e w h o h a d s u s t a i n e d l o w a n d h i g h l e v e l s o f e x p o s u r e s t o a sbes to s as w e l l a s s h o r t a n d l o n g t e r m s o f e x p o s u r e s t o asbes tos . S u c h findings c o n t i n u e i n s c i e n t i f i c s tud ies t o t h i s d a y . T h e r e a l i t y o f c a u s a t i o n w i t h r e s p e c t t o m e s o t h e l i o m a i s g e n e r a l l y a c c e p t e d i n t h e s c i e n t i f i c c o n u n u n i t y a n d w a s s u m m a r i z e d i n t h e p e e r - r e v i e w e d a r t i c l e Asbestos Exposure Causes Mesothelioma, But Not this Asbestos Exposure: An Amicus Brief to the Mich^an Supreme Oturt, I n t e r n a t i o n a l J o u r n a l o f O c c u p a t i o n a l a n d E n v i r o n m e n t a l H e a l t h 2 0 0 7 ; 1 3 : 3 1 8 - 3 2 7 , w h i c h w a s a u t h o r e d b y D r . W e l c h , w i t h 5 1 o t h e r p r e e m m e n t e x p e r t s i n asbes tos a n d a sbes tos - re l a t ed d i sease s i g n i n g o n : Acc^tedMethodforEvdut^r^ Disease Causation man Individual: Generally and as Applied to Asbestos Ej^sure arul Mesothelioma. E x a m i n i n g t h e q u e s t i o n o f c a u s a t i o n o f d i s e a s e i n a n i n d i v i d u a l g e n e r a l l y i n v o l v e s f o u r q u e s t i o n s : I ) w a s t h e i n d i v i d u a l e x p o s e d t o a t o x i c a g e n t ; 2 ) d o e s t h e a g e n t c a u s e t h e d i s e a s e p r e s e n t i n t h e i n d i v i d u a l ; 3 ) w a s t h e i n d i v i d u a l e x p o s e d t o t h i s s u b s t a n c e a t a l e v e l w h e r e d i sease h a s o c c u r r e d i n o t h e r s e t t i n g s ; a n d 4 ) h a v e o t h e r c o m p e t i n g e x p l a n a t i o n s f o r t h e d isease b e e n e x c l u d e d ? T h e r e i s n o reasonable d i s p u t e r e g a r d i n g Q u e s t i o n 2 - a s b e s t o s causes m e s o t h e l i o m a . A d d i t i o n a l l y , t h e r e a r e n o w e l l - a c c e p t e d c o m p e t i n g e x p l a n a t i o r r s regarding m e s o t h e l i o m a t h a t m u s t b e e x c l u d e d , r e s o l v i n g Q u e s t i o n 4 . A s a r e s u l t , w h e n c o n s i d e r i n g tiie i s sue o f c a u s a t i o n o f a m e s o t h e l i o m a , o n c e a n o c c u p a t i o n a l o r p a r a - o c c u p a t i o n a l e x p o s u r e t o asbestos has b e e n e s t a b l i s h e d ( Q u e s t i o n 1 ) , t h e s o l e q u e s t i o n remaining f o r e x a m i n a t i o n i s w h e t h e r t h e e x p o s u r e o r s e t o f e x p o s u r e s o f t h a t m d i v i d u a l i s s i m i l a r t o e x p o s u r e s t h a t h a v e b e e n d o c u m e n t e d t o c a u s e m e s o t h e l i o m a i n o t h e r s - Q u e s t i o n 3 . T h e m a i n s t r e a m s c i e n t i f i c c o m m u n i t y i s i n c o n s e n s u s regarding t h e r e s o l u t i o n o f Q u e s t i o n 3 . A s d i s c u s s e d a b o v e , t h e r e i s n o s a f e l e v e l o f e x p o s u r e t o a sbes tos . E v e n e x p o s u r e a t c u r r e n t regulatory l e v e l s r e s u l t s i n e x c e s s m e s o t h e l i o m a . A c c o r d i n g l y , t h e c o n s e n s u s o f t h e s c i e n t i f i c c o m m u n i t y i s t h a t a n y o c c u p a t i o n a l o r p a r a - o c c u p a t i o B a l e x p o s u r e t o a s b e s t o s - e v e o " b r i e f o r l o w - l e v e l e x p o s a r e s " - m u s t b e c o n s i d e r e d c a u s a l i n a n i n d i v i d u a l w i t h a m e s o t h e l i o m a . Richard L . Kiad in , M . D . . D . T . M . & H . Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 8 of 19 8 . D O M E S T I C A S B E S T O S E X P O S U R E S . I E . F A M I L Y M E M B E R S E X P O S U R E S T O A S B E S T O S C A N C A U S E M E S O T H E L I O M A D o m e s t i c e x p o s u r e s , i . e . , a f a m i l y m e m b e r s ' e x p o s u r e s t o a s b e s t o s from w o r k c l o t h e s , s h o e s , o r h a i r i n t r o d u c e d i n t o t h e h o m e o f a w o r k e r w h o w o r k e d w i t h o r a r o u n d a sbes tos , a n d t h e i r r e s u l t a n t d i sease m a n i f e s t a t i o n s a r e c o m p r e h e n s i v e l y o u t l i n e d i n d i e N a t i o n a l I n s t i t u t e f o r O c c u p a t i o n a l S a f e t y a n d H e a l t h ( " N I O S H " ) R e p o r t t o C o n g r e s s o n W o r k e r ' s H o m e C o n t a m i n a t i o n S t u d y , w h i c h w a s c o n d u c t e d u n d e r T h e W o r k e r s ' F a m i l y P r o t e c t i o n A c t ( 2 9 U . S . C . 6 7 1 a ) . I n tiiis r e p o r t , N I O S H c o n c l u d e d tiiat: "... f a m i l i e s o f a s b e s t o s - e x p o s e d w o r k e r s h a v e b e e n a t i n c r e a s e d risk o f p l e u r a l , p e r i c a r d i a l , o r p e r i t o n e a l m e s o d i e l i o m a , l u n g cancer , c a n c e r o f d i e g a s t r o i n t e s t i n a l t r a c t , a n d n o n - m a l i g n a n t p l e u r a l a n d p a r e n c h y m a l a b n o r m a l i t i e s a s w e l l a s a sbes tos i s . " A s s t a t e d a b o v e , t h e s c i e n t i f i c a n d m e d i c a l c o m m u n i t y h a s y e t t o d e t e r m i n e a l e v e l o f e x p o s u r e t o a s b e s t o s b e l o w w h i c h m e s o t h e l i o m a w i l l n o t o c c u r . V e r y l o w l e v e l s o f e x p o s u r e a b o v e b a c k g r o u n d h a v e b e e n s h o w n t o c a u s e m e s o t h e l i o m a . I t h a s b e e n r e p e a t e d l y a n d c o n s i s t e n t i y d e m o n s t r a t e d i n t h e m e d i c a l a n d s c i e n t i f i c l i t e r a t u r e t h a t f a m i l y m e m b e r s e x p o s e d t o a s b e s t o s d u s t f r o m l a u n d e r i n g a w o r k e r ' s c l o t h i n g h a v e a s i ^ i f i c a n t l y i n c r e a s e d risk o f d e v e l o p i n g raKodielioma. R e s e a r c h e r s h a v e c o n f i r m e d tiiat U i i s risk i s s u b s t a n t i a l l y i n e x c e s s o f t w o t i m e s t h a t o f t h e g e n e r a l p o p u l a t i o n . T h e f o l l o w i n g a r e e x a m p l e s o f d i e m a n y s t u d i e s , t e x t s a n d r e p o r t s t h a t s u p p o r t o r f o r m t h e b a s i s f o r m y o p i n i o n s : W a g n e r , Diffuse Pleural Mesothelioma and Asbestos Fjqjosure in the North Western C(^e Province. B r i t . J . h i d u s t r . M e d . , 1 7 : 2 6 0 - 2 6 9 ( 1 9 6 0 ) . N e w h o u s e & T h o m p s o n , Mesothelioma of Pleura and Peritoneum following Exposure to Asbestos in the London Area, B r i t J . I n d u s t r . M e d . 2 2 : 2 6 1 - 2 6 9 ( 1 9 6 5 ) . L e i b e n & P i s t a w k a , Mesothelioma and Asbestos Exposure, A r c h . E n v i r o n . H e a l t h , 1 4 : 5 5 9 - 5 6 6 ( 1 9 6 7 ) . C h a m p i o n , T W o Cases of Malignant kksothelioma after Exposure to Asbestos, A m . R e v . R e s . D i s . 1 0 3 ( 6 ) : 8 2 1 - 8 2 6 ( 1 9 7 1 ) . L i l l i n g t o n , Conjugal Malignant Mesothelioma [ l e t t e r ] , N e w E n g l . J . M e d . , 2 9 1 ( 1 1 ) : 5 8 1 - 5 8 5 ( 1 9 7 4 ) . G r e e n b e r g & D a v i s , Mesothelioma Register J967-J968, B r i t . J . M e d . 3 1 : 9 1 - 1 0 4 ( 1 9 7 4 ) . A n d e r s o n , Household-C^ontact Asbestos Neoplastic Risk, N Y A c a d . S c i . 2 7 1 : 3 1 1 - 3 2 3 ( 1 9 7 6 ) . L i , Familial Mesothelioma After Intense Asbestos Exposure at Home, J A M A 2 4 0 ( 5 ) : 4 6 7 ( I 9 7 8 ) . V i a n n a a n d P o l a n , Non-Occupational Exposure to Asbestos and Malignant R i c h a r d L . K r a d r n . M . D . . D . T . M . & H . 9 Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 9 of 19 Mesothelioma in Women, L a n c e t 8 0 7 3 : 1 0 6 1 - 1 0 6 3 ( 1 9 7 8 ) . • E p l e r , Asbestos-Mated Disease from Household Exposure, R e s p i r a t i o n , 3 9 : 2 2 9 - 2 4 0 ( 1 9 8 0 ) . • T a g n o n , Mesothelioma Associated with the Shipbuilding Industry in Coastal Virginia, C a n c e r R e s e a r c h , 4 0 : 3 8 7 5 - 3 8 7 9 ( 1 9 8 0 ) . • H a m m a r , Familial Mesothelioma: A Report of Two Families, H u m a n P a t h o l o g y , 2 0 : 1 - 7 - 1 1 2 ( 1 9 8 9 ) . • S c h n e i d e r , Pleural Malignant Mesothelioma and Household Exposure, R e v i e w E n v i r o n . H e a l t h , 1 1 : 6 5 - 7 0 ( 1 9 9 6 ) . • H i l l e r d a l , Mesothelioma: Cases Associated with Non-Occupational and Low Dose Exposia-es, O c c u p . E n v i r o n . M e d . , 5 6 - 5 0 5 - 5 1 3 ( 1 9 9 9 ) . • D o d s o n , Quantitative Analysis of Asbestos Burden in Women with Mesothelioma, A m . J . I n d . M e d . 4 3 : 1 8 8 - 1 9 5 ( 2 0 0 3 ) . • B o u r d r a , Environmental Exposure to Asbestos and Risk of Pleural Mesothelioma: Review and Mela-Analysis, E u r o p e a n J . o f E p i . , 1 6 : 4 U - 4 1 7 ( 2 0 0 0 ) ( r e l a t i v e r i s k o f p l e u r a l m e s o t h e l i o m a f o r h o u s e h o l d e x p o s u r e s r a n g e d b e t w e e n 4 . 0 a n d 2 3 . 7 a n d t h e s u m m a r y risk e s t i m a t e w a s 8.1 w i t h a 9 5 % C I o f 5.3 1 0 1 2 ) . • M a g n a n i , Multicentric Stuefy on Malignant Pleural Mesothelioma and Non- Occupational Exposure to Asbestos, B r i t i s h J . o f C a n c e r , 8 3 ( 1 ) : 1 0 4 - 1 1 1 ( 2 0 0 0 ) ( d o m e s t i c e x p o s u r e w a s a s soc ia t ed w i t h a n i n c r e a s e d risk w i t h a n O d d s R a t i o o f 4 . 8 1 w i t h a 9 5 % C I o f 1.8 t o 1 3 . 1 ) . 9 . A S B E S T O S E X P O S U R E S A B O V E B A C K G R O U N D C O N T R I B U T E TO T H E R I S K O F D E V E L O P I N G M E S O T H E L I O M A D u e t o t h e e x t e n s i v e a n d l o n g s t a n d i n g u s e o f a s b e s t o s , t h e a m b i e n t a i r m t h e U n i t e d S t a t e s c o n t m n s m i n u t e a m o u n t s o f a s b e s t o s . T h o s e a m b i e n t o u t d o o r a i r c o n c e n t r a t i o n s a r e g e n e r a l l y k n o w n as t h e " a m b i e n t " o r " b a c k g r o u n d l e v e l . " B a c k g r o u n d l e v e l s o f asbes tos h a v e n o t b e e n e p i d e m i o l o g i c a l l y p r o v e n t o cause m e s o t h e l i o m a . W h i l e i t i s t h e o r e t i c a l l y p o s s i b l e t h a t b a c k g r o u n d l e v e l s o f a sbes tos c o u l d cause m e s o t h e l i o m a , i t i s i m p o s s i b l e t o test t h i s , s i n c e s u c h p r o o f w o u l d require n e a r l y i n f i n i t e l y l a r g e c o m p a r i s o n g r o u p s a n d i t w o u l d b e i m p o s s i b l e t o find i n d i v i d u a l s w i t h l e s s t h a n a m b i e n t a i r e x p o s u r e . T h e r e i s n o l e v e l o f a sbes tos e x p o s u r e a b o v e b a c k g r o u n d l e v e l s t h a t h a s b e e n s h o w n t o n o t c o n t r i b u t e t o c a u s i n g m e s o t h e l i o m a . I t i s g e n e r a l l y accep ted i n t h e m e d i c a l a n d s c i e n t i f i c c o m m u n i t y t h a t a l l l e v e l s o f a sbes tos e x p o s u r e a b o v e b a c k g r o u n d l e v e l s c o n t r i b u t e t o c a u s i n g m e s o t h e l i o m a . O c c u p a t i o n a l o r p a r a - o c c u p a t i o n a l ( s u c h as h o u s e h o l d o r d o m e s t i c e x p o s u r e ) e x p o s u r e s n e c e s s a r i l y e x c e e d b y o r d e r s o f m a g n i t u d e d i e b a c k g r o u n d l e v e l s t o v ^ i c h i n d i v i d u a l s a r e e x p o s e d s i m p l y b y l i v i n g i n t h e U . S . T h u s , o c c u p a t i o n a l a n d p a r a - o c c u p a t i o n a l e x p o s u r e s , b e i n g o r d e r s o f m a g n i t u d e a b o v e b a c k g r o u n d l e v e l s , n o m a t t e r h o w b r i e ^ c o n t r i b u t e t o t h e risk o f d e v e l o p i n g m e s o t h e l i o m a . R icha rd L . K r a d i n , M D . , D . T M & R 1 0 Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 10 of 19 A n e x a m p l e o f a l o w - l e v e l e x p o s u r e i s 0 . 0 1 f e e , w h i c h is t e n times l o w e r t h a n t h e c u n e n t O S H A p e r m i s s i b l e e x p o s u r e l e v e l ( P E L ) . I n c o n t r a s t , a m b i e n t a i r c o n c e n t r a t i o n s o r b a c k g r o u n d l e v e l s h a v e b e e n r e p o r t e d a t 0 . 0 0 0 1 t o 0 . 0 0 0 0 0 0 0 1 f / c c , t ens o f tiiousands o f times less t h a n t h e c u r r e n t p e r m i s s i b l e e x p o s u r e l i m i t , o r P E L , o f 0 . 1 f / c c . T h u s , e v e n l o w - l e v e l e x p o s u r e s t o asbes tos e x c e e d b a c k g r o u n d l e v e l s b y a n o r d e r o f m a n y m a g n i t u d e s . P u t d i f f e r e n t l y , t h e c u r r e n t O S H A P E L a l l o w s 1 0 0 , 0 0 0 fibers i n a c u b i c m e t e r o f a i r . T h e e x a m p l e o f a l o w - l e v e l e x p o s u r e a b o v e i s 1 0 , 0 0 0 fibers i n a c u b i c m e t e r o f a i r . T h e m e a s u r e d a m b i e n t l e v e l s d i s c u s s e d a b o v e reflect l e v e l s b e t w e e n l / I O O ^ o f a f i b e r u p t o 1 0 0 fibers i n a c u b i c m e t e r . F u r t h e r m o r e , O S H A r e c o g n i z e s t h a t e v e n w i t h e x p o s u r e a t t h e P E L , t h e r e w i l l b e cases o f m e s o t h e l i o m a . ( F e d e r a l R e g i s t e r 1 9 8 6 , P a r t 11: D e p a r t m e n t o f L a b o r , O c c u p a t i o n a l S a f e t y a n d H e a l t i i A d m i n i s t r a t i o n , 2 9 C F R P a r t s 1 9 1 0 a n d 1 9 2 6 : O c c u p a t i o n a l e x p o s u r e t o a s b e s t o s , t r e m o l i t e , a n t h o p h y l l i t e & a c t i n o l i t e . F i n a l R u l e s , pages 2 2 6 1 2 - 2 2 7 9 0 ; T a b l e 6 o n p a g e 2 2 6 4 4 . ) T h e s t u d i e s referred t o i n t h i s report a l s o p r o v i d e e v i d e n c e t h a t t h e r e c a n b e a n i n c r e a s e d i n c i d e n c e o f m e s o t h e l i o m a a t c o n c e n t r a t i o n s b e l o w t h e P E L . T h e r e f o r e , t h e l o w e s t c o n c e n t r a t i o n o f asbes tos t h a t c a n p r o d u c e m e s o t h e l i o m a i s c u r r e n t i y u n k n o w n . A d d i t i o n a l l y , e p i d e m i o l o g i c a l s t u d i e s h a v e f o u n d t h a t e v e n a t t h e l o w e s t l e v e l s o f a sbes tos e x p o s u r e , t h e r e h a v e b e e n increases i n t h e i n c i d e n c e o f m e s o t h e l i o m a s . ( I w a t s u b o 1 9 9 8 ) ; R o d e l s p e r g e r 2 0 0 1 . F u r t h e r , i t i s t h e d o c u m e n t e d c o n s e n s u s o f t h e i n t e r n a t i o n a l s c i e n t i f i c a n d m e d i c a l c o m m u n i t y t h a t a n o c c u p a t i o n a l h i s t o r y o f b r i e f o r l o w l e v e l e x p o s u r e i s s u f f i c i e n t f o r a m e s o t h e l i o m a t o b e d e s i g n a t e d as o c c u p a t i o n a l l y - r e l a t e d . (Consensus R^rt, Asbestos, Asbestosis and Cancer: The Helsinki Criteria for Dit^nosis and Attribution. S c a n d i n a v i a n J o u r n a l o f W o r k a n d E n v i r o n m e n t a l H e a l t h 1 9 9 7 , 2 3 : 3 1 1 - 6 ) I f a p e r s o n s u s t a i n s asbes tos e x p o s u r e s a b o v e b a c k g r o u n d / a m b i e n t l e v e l s o f e x p o s u r e a s reflected b y a n o c c u p a t i o n a l , p a r a - o c c u p a t i o n a l a n d / o r d o m e s t i c asbes tos e x p o s u r e a n d g o e s o n t o d e v e l o p m e s o t h e l i o m a , i t i s m y o p i n i o n t h a t t h e e x p o s u r e s a b o v e b a c k g r o u n d l e v e l s , t a k e n i n c o n t e x t o f t h e i n d i v i d u a l ' s t o t a l ( c u m u l a t i v e ) asbes tos e x p o s u r e s , a r e s i g n i f i c a n t a n d n o n - t r i v i a l , a n d a re m e d i c a l a n d s c i e n t i f i c causes i n t h e d e v e l o p m e n t o f t h e i n d i v i d u a l ' s m e s o t h e l i o m a . I n t h e l e g a l c o n t e x t , s u c h a s b e s t o s e x p o s u r e s a r e o f t e n d e s c r i b e d o r c l a s s i f i e d a s " s u b s t a n t i a l c o n t r i b u t i n g f a c t o r s " o r " c o n t r i b u t i n g causes" o r " s i ^ i f i c a n t f a c t o r s " t o t h e d e v e l o p m e n t o f t h e i n d i v i d u a l ' s m e s o t h e l i o m a . I t i s n o t m y o p i n i o n t h a t a " s i n g l e fiber," o r t h a t " each a n d e v e r y " o r " a n y " e x p o s u r e t o asbes tc^ , e v e n t h o s e b e l o w b a c k g r o u n d l e v e l s , a r e a s u b s t a n t i a l c o n t r i b u t i n g f a c t o r i n c a u s i n g m e s o t h e l i o m a . T o t h e c o n t r a r y , as n o t e d a b o v e , a s i n g l e d a y o f e x p o s u r e a t t h e c u r r e n t O S H A P E L o f 0 . 1 f/cc equa tes t o l i t e r a l l y y e a r s o f e x p o s u r e t o w h a t t h e A T S D R reports a s t y p i c a l r u r a l a m b i e n t a s b e s t o s e x p o s u r e s o f 0 . 0 0 0 0 1 f / c c . T o e x p o u n d f u r t h e r o n t h e a b o v e p a r a g r a p h , 1 a m o f t e n a s k e d w h e n i s a n a s b e s t o s e x p o s u r e " s i g n i f i c a n t " o r " s u b s t a n t i a l " . W h i l e n o t a l l i n c l u s i v e , a n a s b e s t o s e x p o s u r e o r e x p o s u r e s c a n b e " s i g n i f i c a n t " o r " s u b s t a n t i a l " i f I ) i t i s o f t h e n a t u r e , type a n d d u r a t i o n t h a t h a s b e e n s h o w n t o c a u s e m e s o t h e l i o m a i n t h e m e d i c a l a n d s c i e n t i f i c l i t e r a t u r e ; 2 ) i f i t i s n o t t r i v i a l o r i n s i g n i f i c a n t i n t h e c o n t e x t o f t h e i n d i v i d u a l ' s t o t a l a s b e s t o s e x p o s u r e ; o r 3 ) i f t h e a s b e s t o s e x p o s u r e w a s n e c e s s a r y t o t h e d e v e l o p m e n t o f t h e a c t u a l a sbes to s - r e l a t ed d i s ea se t h e m d i v i d u a l • w a s d i a g n o s e d w i t h , a t t h e t i m e h e o r s h e w a s d i a g n o s e d w i t h i t , a n d n o t s o m e f u t u r e h y p o t h e t i c a l a sbes tos - re la ted disease h e o r she m a y h a v e b e e n d i a g n o s e d w i t h l ^ e r i n t i m e . F u r t h e r m o r e , I a m o f t e n p o s e d e x t r e m e h y p o t h e t i c a l s i n d e p o s i t i o n s t o a s s u m e a n i n d i v i d u a l w a s e x p o s e d , f o r e x a m p l e , t o " o n e fiber" o f asbes tos o r " o n e s e c o n d " o f a sbes to s e x p o s u r e " b a r e l y a b o v e b a c k g r o u n d " . W h i l e a n i n t e r e s t i n g a c a d e m i c e x e r c i s e t o t r y a n d d e t e r m i n e " h o w m a n y a n g e l s c a n d a n c e o n t h e h e a d o f a p i n " , t h i s b e l i e s w h a t o c c u r r e d i n t h e R i d m i L K r a d i n , M X ) , D . T M & R ^ - j Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 11 of 19 past i n t h e r e a l w o r l d based u p o n t h e h u n d r e d s o f d o c u m e n t e d asbes tos e x p o s u r e h i s t o r i e s I h a v e p e r s o n a l l y r e v i e w e d , i n c l u d m g t h e s p e c i f i c o c c u p a t i o n a l a n d / o r p a r a - o c c u p a t i o n a l a s b e s t o s e x p o s u r e h i s t o r y i n d i i s case . E v e n m i n u t e a m o u n t s o f a sbes tos c o n t a i n m i l l i o n s , i f n o t b i l l i o n s o f a s b e s t o s fibers. S u p p o r t f o r t h e s e n u m e r i c a l v a l u e s c o m e s f r o m s i m p l e m a t h e m a t i c a l c a l c u l a t i o n s , w h i c h a r e o f f e n p e r f o r m e d b y m i n e r a l o g y a n d i n d u s t r i a l h y g i e n e e x p e r t s t y p i c a l l y r e t a i n e d b y d e f e n d a n t s i n a sbes tos l i t i g a t i o n . E x a m p l e s o f s u c h t e s t i m o n y i n c l u d e : • A r t h u r L a n g e r , P h . D . , D e p o s i t i o n t a k e n i n Barbara Harris and Dale Harris vs. Bondex International, Inc., et al, S u p e r i o r C o u r t o f t h e S t a t e o f C a l i f o r n i a f o r t h e C o u n t y o f L o s A n g e l e s , A p r i l 1 8 , 2 0 0 7 , p p . 1 4 6 - 1 5 0 . ( C o n f i r m i n g tiiat o n e g r a m o f c h r y s o t i l e asbes tos c o n t a i n s a p p r o x i m a t e l y 80 billion a sbes tos f i b e r s , a n d o n e 2 5 l b . b a g o f j o i n t c o m p o u n d a t 5% asbes tos c o n t a i n s 4S,S trillion a sbes tos f i b e r s ) • E r i c C h a t f l e l d , P h . D . , D e p o s i t i o n t a k e n i n Carl Terranova, et ux., vs. John Crane, Inc. et al., C a u s e N o . 1 7 3 4 2 - B H 0 i - 3 , I n t h e D i s t r i c t C o u r t , B r a z o r i a C o u n t y , T e x a s , 23"^ J u d i c i a l D i s t r i c t , J u l y 2 8 , 2 0 0 5 . ( C o n f i r m i n g h i s a t t e n d a n c e , p r e s e n t a t i o n a n d a s s o c i a t e d P o w e r P o m t a t t h e 2 0 0 5 A S T M J o h n s o n C o n f e r e n c e , e n t i t l e d " S o m e M e a s u r e m e n t s o f T r e m o l i t e C o n c e n t r a t i o n s i n C h r y s o t i l e f r o m D i f f e r e n t M i n i n g L o c a t i o n s " see s l i d e 1 2 o f P o w e r P o i n t p r e s e n t a t i o n r e f l e c t i n g m e a n o f o v e r 1 0 t r i l l i o n c h r y s o t i l e f i b e r s p e r g r a m o f U l C C - B ( C a n a d i a n ) c h r y s o t i l e a n a l y z e d b y A d d i s o n / D a v i e s M e t h o d a n d T E M ) T h e r e f o r e , s i m p l e t a s k s s u c h a s c u t t i n g ( o r r e m o v i n g ) a s b e s t o s - c o n t a i n i n g p i p e c o v e r i n g , m b d n g a s b e s t o s - c o n t a i n i n g d r y p r o d u c t s , s a n d i n g a s b e s t o s - c o n t a i n i n g j o i n t c o m p o u n d , c u t t i n g a s b e s t o s - c o n t a i n i n g b o a r d s o r a s b e s t o s - c o n t a i n i n g p i p e , w i r e - b r u s h i n g o r p o w e r - w i r e b r u s h i n g a d h e r e d a s b e s t o s - c o n t a i n i n g g a s k e t s , o r s w e e p i n g a sbes tos c o n t a i n m g d u s t / r e s i d u e r e s u l t s i n e x p o s u r e s t o m i l l i o n s , b i l l i o n s a n d / o r t r i l l i o n s o f r e s p i r a b l e / b r e a t h a b l e asbes tos fibers. T h e s e n u m b e r s c a n a l s o b e p u t i n t o p e r s p e c t i v e u s m g a fiber/cc a n a l y s i s t o c o m p a r e t h e a m o u n t o f a sbes to s fibers a c t u a l l y i n h a l e d b y a w o r k e r d u r i n g a w o r k d a y w i t h o c c u p a t i o n a l asbes tos e x p o s u r e s v s . a n i n d i v i d u a l w h o i s s i m p l y b r e a t h i n g i n t h e " n o r m a l " " a m b i e n t " o r " b a c k g r o u n d " a i r . T h e f o l l o w i n g v a l u e s s h o u l d be u s e d : • A n i n d i v i d u a l p e r f o r m i n g p h y s i c a l l abo r , o n a v e r a g e , w i l l t a k e 1 6 b r e a t h s / m i n u t e . • A n i n d i v i d u a l a t r e s t o r p e r f o r m i n g l i g h t a c t i v i t y will t a k e 12 b r e a t i i s / m i n u t e . • O n e b r e a U i = 5 0 0 c u b i c c e n t i m e t e r s ( " c c " ) o f a i r . T h u s , f o r a n i n d i v i d u a l e x p o s e d a t I fiber/cubic c e n t i m e t e r o f a sbes tos a t w o r k : • 1 6 b r e a d i s x 5 0 0 cc o f a i r i n o n e b r e a t i i x 1 fiber/cc ~ 8 , 0 0 0 fibers/minute; • A t 15 m i n u t e s o f e x p o s u r e a t 1 fiber p e r c c : 8 , 0 0 0 x 15 = 1 2 0 , 0 0 0 fibers a r e b r e a t h e d ; • A t 1 h o u r o f e x p o s u r e a t 1 fiber pe r cc: 8 , 0 0 0 x 6 0 m i n u t e s 4 8 0 , 0 0 0 fibers/hour a r e b r e a t h e d ; • O n e w o r k i n g d a y o f e x p o s u r e a t I fiber p e r c c : 4 8 0 , 0 0 0 x 8 = 3 . 8 4 0 . 0 0 0 fibers/day a r e b r e a t h e d . A t t h e c u r r e n t O S H A p e r m i s s i b l e e x p o s u r e l e v e l ( P E L ) o f . 1 f / c c , a n i n d i v i d u a l w o u l d Richard L . Kradin, M . D . , D . T . M . & H . ^2 Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 12 of 19 b r e a t h e 3 8 4 , 0 0 0 fibers i n o n e d a y . A t t h e l o w - i e v e l e x p o s u r e o f 0 . 0 1 f / c c , w h i c h i s t e n t i m e s l o w e r t h a n t h e c u r r e n t O S H A p e r m i s s i b l e e x p o s u r e l e v e l ( d i s c u s s e d supra), a n i n d i v i d u a l w o u l d b r e a t h e 3 8 , 4 0 0 fibers i n o n e d a y . h i c o m p a r i s o n , f o r a n i n d i v i d u a l w h o i s s i m p l y b r e a t h i n g i n t h e " n o r m a l " " a m b i e n t " o r " b a c k g r o u n d " a i r : • R e s t i n g = 12 b r e a t h s / m m u t e ; • 1 2 b r e a t h s x 5 0 0 c c o f a i r = 6 , 0 0 0 c u b i c c e n t i m e t e r s o f a i r / m i n u t e o r 3 6 0 , 0 0 0 c u b i c c e n t i m e t e r s o f a i r / h o u r , • 3 6 0 , 0 0 0 c u b i c c e n t i m e t e r s o f a i r / h o u r x 2 4 h o u r s = 8 , 6 4 0 , 0 0 0 c u b i c c e n t i m e t e r s o f a i r / d a y ; • 8 , 6 4 0 , 0 0 0 X . 0 0 0 0 1 fe ( A T S D R v a l u e s ) = 8 6 asbes tos fibers i n o n e d a y E x t r a p o l a t i n g t h i s e v e n fiirther, a n i n d i v i d u a l b r e a t h i n g t h e " n o r m a l " , " a m b i e n t " o r " b a c k g r o u n d " l e v e l o f . 0 0 0 0 1 fibers/cc o f asbes tos o v e r a l i f e t i m e o f 8 0 y e a r s : • 8 6 fibers/day x 3 6 5 d a y s x 8 0 = 2 .5 m i l l i o n fibers i n a l i f e t i m e o f 8 0 y e a r s . Therefore, just one day of occupaiionaJ exposure at I flber/cc of asbestos is greater than a lifetime of "ambient" or "background" levels of asbestos exposure. N o n e o f t h e s e c a l c u l a t i o n s a r e n e w o r n o v e l ; o n t h e c o n t r a r y , e x p e r t s r e t a i n e d b y b o t h p l a i n t i f f s a n d d e f e n d a n t s h a v e a g r e e d w i t h i n a r e a s o n a b l e d e g r e e o f s c i e n t i f i c c e r t a i n t y t h e s e c a l c u l a t i o n s a r e r e a s o n a b l e a n d a c c u r a t e : • W i l l i a m D y s o n , C . I . H . , D e p o s h i o n t a k e n i n Jonathan D. Smith vs. 4520 Corporation, Inc., et ai, V i r g i n i a : I n t h e C i r c u i t C o u r t f o r t h e C o u n t y o f A l b e m a r l e , J u l y 1 1 , 2 0 1 3 , p p . 4 6 - 4 8 . ° T h o m a s S p o m , M . D . , T r i a l t e s t i m o n y t a k e n i n In re: Garlock Sealing Technologies LLC, el ai, U n i t e d S t a t e s B a n k r u p t c y C o u r t f o r t h e W e s t e r n D i s t r i c t o f N o r d i C a r o l i n a , C h a r l o t t e D i v i s i o n , J u l y 2 3 , 2 0 1 3 , p p . 4 7 9 - 4 8 6 . " L a u m W e l c h , M . D . , T r i a l testimony t a k e n i n Walter E. Boomer vs. Ford Motor Company, et ai, V i r g i n i a : I n t h e C i r c u i t C o u r t f o r t h e C o u n t y o f A l b e m a r l e , N o v e m b e r 7 , 2 0 1 3 , pp . 1 0 1 4 - 1 0 1 5 . A fiindamental flaw i n t h e s e t y p e s o f i n q u i r i e s i s t h a t , i n t h e r e a l w o r i d , w e a r e d e a l i n g w i t h i n d i v i d u a l s w h o h a v e ah ieady b e e n d i a g n o s e d w i t h t h e s i g n a l t u m o r f o r asbes tos e x p o s u r e s - m e s o t h e l i o m a - r a t h e r t h a n , as p o s e d i n t h e s e t y p e s o f h y p o t h e t i c a l q u e s t i o n s , h y p o t h e t i c a l i n d i v i d u a l s w i t h e x p o s u r e s i t u a t i o n s t h a t b e a r n o r e l a t i o n t o w h a t h a s h a p p e n e d t o d i e p e r s o n a c t u a l l y a t i s s u e . A s r e f l e c t e d i n t h e c a l c u l a t i o n s a b o v e , n o b o d y i s e v e r e x p o s e d t o a " s i n g l e fiber^' o f asbes tos o r e x p o s e d " j u s t a b o v e b a c k g r o u n d " t h r o u ^ a n o c c u p a t i o n a l , d o m e s t i c o r p a r a - o c c u p a t i o n a l e x p o s u r e . W h i l e pe rhaps p e r t i n e n t t o risk a s s e s s m e n t m a k i n g j u d g m e n t s a b o u t w h a t l e v e l o f risk w e a r e w i l l i n g t o t o l e r a t e i n o u r s o c i e t y , tfiese h y p o t h e t i c a l q u e s t i o n s h a v e n o b e a r i n g o n t h e q u e s t i o n o f w h a t c a u s e d t h e d i sease i n a p e r a o n f o r w h o m t h e risk o f c o n t r a c t i n g d i sease h a s I x a g i c a l l y a l r e a d y b e e n d e t e r m i n e d t o b e 1 0 0 % . T h e f o l l o w i n g a r e a d d i t i o n a l e x a m p l e s o f d i e m a n y s t u d i e s , texts a n d r e p o r t s t h a t s u p p o r t K d i a r d L Kradin , M D . , D . T J ^ l & H . ^ 3 Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 13 of 19 o r f o r m t h e bas i s f o r m y o p i n i o n s : • C h a m p i o n P . Ttvo Cases of Ma^gnant Mesothelioma After Exposure to Asbestos, A m e r i c a n R e v i e w o f R e s p i r a t o r y D i s e a s e 1 9 7 1 ; 1 0 5 ( T h e r e i s p r o b a b l y n o r e a l i v s a f e l e v e l o f a sbes tos e x p o s u r e . . . I t i s c l e a r t h a t o n l y m i n o r e x p o s u r e i s r e q u i r e d f o r t h e d e v e l o p m e n t o f m a l i g n a n t t u m o r s . . . " ) • G r e e n b e r g a n d D a v i e s , Mesothelioma Register J967-1968, B r i t i s h J o u r n a l o f I n d u s t r i a l M e d i c i n e , I 9 7 4 ; 9 i - I 0 4 ( ' i n t h i s s t u d y t h e b r i e f e s t o c c u p a t i o n a l e x p o s u r e t o a sbes tos a s s o c i a t e d w i t i i a m e s o t h e l i a l t u m o u r w a s t h r e e w e e b s , b u t i f a s b e s t o s w a s a c a u s e o f m e s o t h e l i o m a i t c a n n o t b e a s s u m e d t h a t l e s s e r e x p o s u r e s a r e s a f e . " p . 1 0 3 ) • Se l ikoGT i The Asbestos Exposure of Insulation Workmen, I n s u k t i o n H y g i e n e P r o g r e s s R e p o r t s l 9 7 5 ; 6 ( i ) : M ( " s h o r t - t e r m d u s t c o n c e n t r a t i o n s d u r i n g s p e c i f i c i n s u l a t i o n p r a c t i c e s c a n b e e x t r e m e l y h i g h . . . " p . 4 ) • N I O S H . R e v i s e d R e c o m m e n d e d A s b e s t o s S t a n d a r d 1 9 7 6 , p . 5 5 ( r e p o r t i n g a s s o c i a t i o n b e t w e e n m e s o t h e l i o m a a n d " o c c u p a t i o n a l e x p o s u r e s i n s o m e cases a s b r i e f a s o n e d a y " ) • C h e n a n d M o t t e t , Malignant Mesothelioma with Mininud Asbestos Exposure, H u m a n P a t h o l o g y I 9 7 8 ; 9 ( 3 ) : 2 5 3 . ( " E s t i m a t i o n o f t h e n u m b e r o f a sbes to s f i b e r s i n t h e l u n g s sugges t s t h e l o w l e v e l e x p o s u r e a n d e s t a b l i s h e s t h a t , f o r s o m e i n d i v i d u a l s a t l eas t , s l i g h t e x p o s u r e t o asbes tos c a n r ^ u l t i n m a l i g n a n t m e s o t h e l i o m a . * * ) ' N I O S H - O S H A A s b e s t o s W o r i k G r o u p , Worfq^tu^e Exposure to Asbestas, Sevaw and Recommendations, D H H S ( N I O S H ) P u b . N o . 8 1 - 1 0 3 , 1 9 8 0 ( " E x c e s s i v e c a n c e r risks, h o w e v e r , h a v e b e e n d e m o n s t r a t e d a t a l l f i b e r c o n c e n t r a t i o n s s t u d i e d t o d a t e . E v a l u a t i o n o f a l l a v a i l a b l e h u m a n da t a p r o v i d e s n o e v i d e n c e f o r a t h r e s h o l d o r f o r a " s a f e " l e v e l o f a sbes tos e x p o s u r e . . . . ( T h e absence o f a t h r e s h o l d i s f u r t h e r i n d i c a t e d b y t h e d r a m a t i c e v i d e n c e o f a sbes tos - re l a t ed d i sease i n m e m l i e r s o f a s b e s t o s - w o r k e r h o u s e h o l d s a n d i n p e r s o n s l i v i n g n e a r a s b e s t o s - c o n t a m i n a t e d a reas . T h e s e h o u s e h o l d a n d c o m m u n i t y c o n t M t s i n v o l v e d l o w l e v e l a n d / o r i n t e r m i t t e n t c a s u a l e x p o s u r e t o asbes tos . S t u d i e s o f d u r a t i o n o f e x p o s u r e s u g g e s t t h a t e v e n a t v e r y s h o r t e x p o s u r e p e r i o d s ( 1 d a y t o 3 m o n t h s ) s i g n i f i c a n t d i sease c a n o c c u r . " p . 3 ) • C o m m i t t e e o n N o n o c c u p a t i o n a l H e a l t h R i s k s o f A s b e s t i f o r m F i b e r s , B o a r d o n T o x i c o l o g y a n d E n v i r o n m e n t a l H e a l t h H a z a r d s , C o m m i s s i o n o n L i f e S c i e n c e s , N a t i o a a t R e s e a r c h C o u n c i l , Asbestiform Fibers Nonocaqtadonal Heahh Risks, N a t i o n a l A c a d e m y P r e s s , W a s h i n g t o n , D . C . 1 9 8 4 , p . 2 1 2 ( b a c k g r o u n d e n \ d r o n m e n t a l e x p o s u r e o f 0 . 0 0 0 4 f e e o v e r a 7 3 y e a r l i f e t i m e w a s a s s o c i a t e d w i t h 9 cases o f m e s o t h e l i o m a p e r m i l l i o n . A " h i g h e r * * e x p o s u r e o f 0 . 0 0 2 f e e w a s a s soc ia t ed w i t h 4 6 cases o f m e s o t h e l i o m a p e r m i l l i o n - a f i v e - f o l d risk.) • P a h o n C , O r l o w s k i E , I w a t s u b o Y , e t a l . Pleural Mesothelioma and Exposure to Asbestos: Evaluation from Work Analysis of Asbestos Bodies in Bronchoalveohr Lavage Fluid or Lung Tissue in 131 Padenls, O c c u p a t i o n a l a n d E a v i r o n m e n t a l M e d i c i n e 1 9 9 4 ; 5 1 : 2 4 4 - 2 4 9 ( " I l g r e n a n d B r o w n e c o n s i d e r e d w h e t i i e r a t h r e s h o l d e x p o s u r e m i g h t e x i s t a n d c o n c l u d e d t h a t m e s o t h e l i o m a w a s u n l i k e l y i n p e r s o n s R i c h a r d L K i a d i n , M D . , D . T J V t & R 1 4 Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 14 of 19 e x p o s e d for less tiian 5 f / m l - y e a r s . O u r r ^ u l t s i n d i c a t e , h o w e v e r , t h a t m e s o d i e l i o m a cases o c c u r r e d b e l o w a c u m u l a t i v e e x p o s u r e o f 5 g m l - v e a r s a n d p e r h a p s b e l o w 0 . 5 f / m l - v e a r s . " p . 1 4 1 ) N I O S H . Report to Congress on Workers* Home Conianunation Sttufy Coniiucted Under the Workers' Family Protection Ad 1 9 9 5 ( r e v i e w i n g t w e l v e e p i d e m i o l o g y s t u d i e s a n d m u l t i p l e case r e p o r t s a n d c o n c l u d i n g , " M e s o t h e l i o m a h a s o c c u r r e d f o l l o w i n g s h o r t t e r m asbes tos e x p o s u r e s o f o n l y a f e w w e e k s , a n d c a n r e s u l t from v e r y l o w l e v e l s o f e x p o s u r e . " p . 7 ) f V a s k A. The Riddle of Risk Assessment in Asbestas Cardnogerdcityy M e d I ^ . 1 9 9 7 ; 8 8 ( 4 ) : 3 3 3 - 3 3 8 ( " T h e r e i s n o s a f e l e v e l o f a sbes tos ' - U . S e l i k o f F , M D , T T i i r d W a v e C o r i f e r e n c e " p . 3 3 3 ) ( " t h e r e i s n o s a f e l e v e l o f e x p o s u r e t o asbes tos , l e a d m g t o t h e c o n c l u s i o n t h a t t h e r e i s n o t h r e s h o l d f o r U i i s c a r c i n o g e n i c subs t ance , j u s t a s tfiere does n o t a p p e a r t o b e a t h r e s h o l d f o r o t h e r c a r c i n o g e n s . " p . 3 3 5 ) I w a t s u b o Y , P a i r o n J C , B o u t i n C , e t a l . Pleural Mesothelioma: Dose-Response Relation at low Levels of Asbestos Ejqjosure in a French Populadon-Sased Case- Control Study, A m e r i c a n J o u r n a l o f E p i d e m i o l o g y 1 9 9 8 ; 1 4 8 ( 2 ) : 1 3 3 - 1 4 8 ( A b s t r a c t : " . . . W e f o u n d a c l e a r dose - r e sponse r e l a t i o n b e t w e e n c u m u l a t i v e e x p o s u r e t o asbes tos a n d p l e u r a l m e s o d i e l i o m a i n a p o p u l a t i o n - b a s e d c a s e - c o n t r o l s t u d y w i t h r e t r o s p e c t i v e a s s e s s m e n t o f e x p o s u r e . A s i g n i f i c a n t e x c e s s o f m e s o t h e l i o m a w a s o b s e r v e d f o r l e v e l s o f c u m u l a t i v e e x p o s u r e t h a t w e r e p r o b a b l y f a r b e l o w t h e l i m i t s a d o p t e d i n m a n y i n d u s t r i a l c o u n t r i e s d u r i n g t h e 1 9 8 0 s . " ) H i U e r d a l . Mesothelioma: Cases Associated wiUi Non-Occupational and Low Dose Exposures, O c c u p a t i o n a l a n d E n v i r o n m e n t a l M e d i c i n e 1 9 9 9 ; 5 6 : 5 0 5 - 5 1 3 ( " R e s u l t s a n d C o n c l u s i o n s - ^ T h e r e i s n o e v i d e n c e o f a tiireshold l e v e l b e l o w w h i c h t h e r e i s n o risk o f m e s o t h e l i o m a . L o w l e v e l e x p o s u r e m o r e o f t e n t h a n n o t c o n t a i n s p e a k c o n c e n t r a t i o n s w h i c h c a n b e v e r y h i g h f o r s h o r t p e r i o d s . T h e r e m i g h t e x i s t a b a c k g r o u n d l e v e l o f m e s o t h e l i o m a o c c u r r i n g i n t h e a b s e n c e o f e x p o s u r e t o asbes tos , b u t t h e r e i s n o p r o o f o f t h i s . . . . " ) . H o d g s o n J T , D a m t o n A . The Qtumdia&ve Risks ofMesothelioma and Lung Cancer in Relation to Asbestos Exposure, A n n a l s o f O c c u p a t i o n a l H y g i e n e 2 0 0 0 ; 4 4 ( 8 ) : 5 6 5 - 6 0 1 . ( " T h e a t t e m p t ( I l g r e n a n d B r o w n e , 1 9 9 1 ) t o d e d u c e a "d i r e sho ld ' b y i d e n t i f y i n g t h e l o w e s t e s t i m a t e d d o s e r e c e i v e d b y a n y o b s e r v e d case i s a l o g i c a l n o n s e n s e . ... [ W ] e \ d o n o t b e l i e v e t h e r e i s a g o o d ca se f o r a s s u m i n g a n y t h r e s h o l d f o r m e s o t h e l i o m a r i s k . " p . 5 8 3 ) W o r l d T r a d e O r g a n i z a t i o n , European Communides - Measures Affecting Asbestos and Asbestos-Containing Products, Report of the Panel, W T / D S 1 1 3 5 / R / 1 8 S e p t e m b e r 2 0 0 0 ( " i t i s s c i e n t i f i c a l l y accep ted t h a t U i e r e i s n o b i o l o g i c a l t h r e s h o l d o f h a r m l e s s n e s s . . . . T h e 1 9 9 8 W H O r e p o r t c a r r i e d o u t u n d e r d i e I n t e r n a t i o n a l P r o g r a m m e o n C h e m i c a l S a f e t y s ta tes tiiat, f o r c h r y s o t i l e : " N o tiireshold h a s b e e n i d e n t i f i e d f o r c a r c i n o g e n i c r i s k s " , p . 3 5 ) A g u d o , e t a t , Occupation and Risk of Malignant Pleural Mesothelioma: A Case- Control Study in Spain, A m . J . I n d . M e d . 3 7 : 1 5 9 - 1 6 8 ( 2 0 0 0 ) ( " C o m p a r e d t o tiiose w h o n e v e r w o r k e d o r w h o w e r e c o n s i d e r e d as n e v e r e x p o s e d , a l l l e v e l s o f p r o b a b i l i t y R i d i a r d L K r a d i n , M D , D . T J v l & R 1 5 Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 15 of 19 a n d i n t e n s i t y h a d a n inc reased s i g n i f i c a n t r i s k , e x c e p t s u b j e c t s w i t h l o w p r o b a b i l i t y o f e x p o s u r e . " R o d e l s p e r g e r C , J o c k e l K , P o h l a b e i n H , e t a l . Asbestos and Man-Made Vitreous Fibers as Risk Factors for Diffiise Malignant Mesothelioma: Results From a German Hospital-Based Case-Control Stuefy, A m e r i c a n J o u r n a l o f b i d u s t r i a l M e d i c i n e 2 0 0 1 ; 3 9 : 2 6 2 - 2 7 5 0 O d d s r a t i o o f 7 . 9 C I 2 . 1 - 3 0 . 0 f o r c u m u l a t i v e e x p o s u r e s o f g r e a t e r t h a n 0 . 0 0 u p t o 0 . 1 5 f / c c - y e a r s a n d o d d s r a t i o o f 2 1 . 9 f o r c u m u l a t i v e e x p o s u r e s b e t w e e n 0 . 1 5 a n d 1.5 P c c - y e a r s . o D e s p i t e a p o s s i b l e i n f l u e n c e as a r e s u l t o f s e l e c t i o n a n d i n f o r m a t i o n b i a s , o u r r e s u l t s c o n f i r m t h e p r e v i o u s l y r e p o r t e d o b s e r v a t i o n o f a d i s t i n c t d o s e - r e s p o n s e r e l a t i o n s h i p e v e n a t l e v e l s o f c u m u l a t i v e e x p o s u r e b e l o w 1 fiber y e a r , ( p . 2 6 2 ) o A r i s k e s t i m a t e b a s e d o n a c c u r a t e w o r k p l a c e m e a s u r e m e n t s i s n o t y e t a v a i l a b l e . N e v e r t h e l e s s , i t h a s r e c e n t l y b e e n d e m o n s t r a t e d t h a t a n i nc rea se o f r i s k m a y o c c u r e v e n b e l o w a c u m u l a t i v e e x p o s u r e o f a f e w fiber y e a r s ( f i b e r s / m L x y e a r s ) [ i w a t s u b o e t a l , 1 9 9 8 ] . ( p . 2 6 3 ) B r i t i s h T h o r a c i c S o c i e t y S t a n d a r d s o f C a r e C o m m i t t e e , Statement on Malignant Mesothelioma In The United Kingdom, T h o r a x 2 0 0 1 ; 5 6 : 2 5 0 - 2 6 5 ( " T h e r e i s n o e v i d e n c e f o r a t h r e s h o l d d o s e o f a sbes tos b e l o w w h i c h t h e r e i s n o r i s k . " p . 2 5 2 ) • U . S . P u b l i c H e a l t h S e r v i c e , U . S . D e p a r t m e n t o f H e a l t h & H u m a n S e r v i c e s . Toxicological Profile for Asbestos, A t l a n t a : A g e n c y f o r T o x i c S u b s t a n c e a n d D i s e a s e R e g i s t r y ( A T S D R ) , S e p t e m b e r 2 0 0 1 . • G a l a t e a u - S a l l e F , e d . Pathology of Malignant Mesothelioma, S p r i n g e r S c i e n c e + B u s i n e s s M e d i a , 2 0 0 6 ( " S u b s t a n t i a n u m b e r s o f m e s o d i e l i o m a s a r e n o w s e e n as a c o n s e q u e n c e o f n o n o c c u p a t i o n a l e x p o s u r e s , i n c l u d i n g o c c a s i o n a l " h a n d y m a n T v I y p e e x p o s u r e , d o m e s t i c e x p o s u r e ( e . g . , f r o m l a u n d e r m g a s b e s t o s - c o n t a m i n a t e d w o r k c l o d i e s ) , a n d o d i e r t y p e s o f o c c a s i o n a l o r n o n - o c c u p a t i o n a l e x p o s u r e s . M e s o t h e l i o m a has b e e n r e p o r t e d t o o c c u r a f t e r b r i e f l o w - l e v e l o r i n d i r e c t e x p o s u r e . * * ) • D a i l a n d H a m m a i ^ s P u l m o n a r y P a d i o l o g y (3"* e d . ) , 2 0 0 8 , V o l . n N e o p l a s t i c L u n g D i s e a s e s , C h . 4 3 ( " w h e n t h e r e a r e m u l t i p l e a sbes tos e x p o s u r e s , e a c h c o n t r i b u t e s t o c u m u l a t i v e e x p o s u r e a n d h e n c e t o t h e risk a n d c a u s a t i o n o f M M [ m a l i g n a n t m e s o A e l i o m a ] , w i t i i a n y a p p r o p r i a t e l a t e n c y i n t e r v a l . * ' p . 5 8 7 ) • S k a m m e n t z E . , O l m a n d L H , J o h a n s e n J P , O m l a n d O , Asbestos Exposure and Survival in Malignant Mesothelioma: A Description of 122 Consecutive Cases at an Occupational Clinic, 2 ( 4 ) J . O c c u p a t i o n a l & E n v t l M e d . 2 2 8 ( O c t 2 0 1 1 ) ( " E a c h p a t i e n t w i t h k n o w n e x p o s u r e w a s c a t e g o r i z e d b y a n e x p e r i e n c e d o c c u p a t i o n a l p h y s i c i a n , based o n tiie i n t e n s i t y o f c u m u l a t i v e e x p o s u r e , a s " l o w * * ( < i O fibere/cm3- y e a r ) ( p . 2 2 6 ) . . . O f t h e p a t i e n t s [ w i d i m e s o t h e l i o m a ] w i t f i d o c u m e n t e d e x p o s u r e , 5 1 ( 4 7 . 6 % ) h a d l o w c u m u l a t i v e e x p o s u r e ( p p . 2 2 8 - 2 2 9 ) . . . T h e t o t a l t i m e o f e x p o s u r e R k i i a i d L K r a d i n , M D . , D . T J V L & R 16 Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 16 of 19 r a n g e d fix)m a f e w d a y s t o o v e r 4 0 y e a r s . . . l t h a s n e v e r b e e n p o s s i b l e t o e s t a b l i s h a l o w e r t h r e s h o l d f o r c u m u l a t i v e asbes tos e x p o s u r e i n r e l a t i o n t o t h e d e v e l o p m e n t o f M a l i g n a n t M e s o t h e l i o m a ! ( p . 2 3 1 ) ) • I A R C M o n o g r a p h o n t h e E v a l u a t i o n o f C a r c i n o g e n i c R i s k s t o H u m a n s 2 0 1 2 ; 1 0 0 C : 2 1 9 - 3 0 9 • O l f e r m a n s , e t a l . , Occupational Asbestos Exposure and Risk of Pleural Mesothelwma, Lung Cancer, and Laryngeal Cancer in the Prospective Netherlands Cohort Study, J o u r n a l o f O c c u p a t i o n a l a n d E n v i r o n m e n t a l M e d i c i n e , 2 0 1 4 ( " F o r m e s o t h e l i o m a , [ H a z a r d R a t i o s ] w e r e s i g n i f i c a n t l y e l e v a t e d i n t h i s s t u d y , e v e n f o r t h e l o w e s t t e r t i l e o f C E ( m e d i a n , 0 . 2 0 f - y / M m L ) b a s e d o n F I N J E M ( H R = 2 . 6 9 [ 9 5 % C I , 1 .60 t o 4 . 5 3 ] ) ( p . 1 5 ) ) • L a c o u r t , e t a l . , Occiqjadonal and Non-Occupadonal Amibutable Risk of Asbestos ExposureforMal^;nantPleurtd Mesothelioma^ T h o r a x , 2 0 1 4 ( C u m u l a t i v e e x p o s u r e s > 0 - 0 . 1 f m L - y e a r s s h o w i n g a 4 t i m e s excess r i s k f o r p l e u r a l m e s o t h e l i o m a ( T a b l e 4 ) ) T h e r e t r o s p e c t i v e e s t i m a t e s m t h e a b o v e a r t i c l e s a r e n o t r e l i e d u p o n f o r a q u a n t i t a t i v e d o s e l e v e l o r p r e c i s e t h r e s h o l d n e e d e d f o r c a u s a t i o n , b u t ratiier t o i l l u s t r a t e t h a t t h e s c i e n t i f i c a n d m e d i c a l c o m m u n i t i e s r e c o ^ i z e t h a t a h i s t o r y o f b r i e f o r l o w - l e v e l a sbes tos e x p o s u r e i s s u f f i c i e n t t o e s t a b l i s h c a u s a t i o n . T h e a b o v e r e f e r e n c e s a r e n o t a l l i n c l u s i v e , a n d i f n e c e s s a r y , I w i l l s u p p l e m e n t t h i s a f f i d a v i t o r m y r e p o r t w i t i i a d d i t i o n a l c i t a t i o n s o r r e f e r e n c e s s h o u l d i t b e p e r t i n e n t t o a n y p a r t i c u l a r c a s e - s p e c i f i c i s s u e s . R icha rd L K i a d i n , M D . , D . T A t & H 18 C A S E ^ S P E C M C C A U S A T I O N O P I N I O N S B e c a u s e a s b e s t o s d u s t i s s o s t r o n g l y a s s o c i a t e d w i t i i m e s o t h e l i o m a , p r o o f o f s i g n i f i c a n t e x p o s u r e t o a sbes to s i s p r o o f o f s p e c i f i c c a u s a t i o n . See B o f f e t t a , Health Effects of Asbestos Exposure in Humans: A Quantitative Assessment, M e d L a v . 8 9 ( 6 ) : 4 7 1 - 4 8 0 ( 1 9 9 8 ) . ( " B e c a u s e o f t h e r a r i t y o f t h e d i s ea se a n d d i e s p e c i f i c i t y o f tiie c ausa l a s s o c i a t i o n , a l l cases o c c u r r i n g a m o n g a s b K t o s e x p o s e d w o r k e r s a r e a t t r i b u t e d t o t h i s e x p o s u r e . " ) A i l o p i n i o n s a n d c o n c l u s i o n s r e n d e r e d i n U u s A f f i d a v i t a r e m a d e t o a r e a s o n a b l e d e g r e e o f s c i e n t i f i c a n d m e d i c a l p r o b a b i l i t y . C a s e : W U I i a m C h a r l e s B e l l ( D O B : 0 1 - 3 1 - 1 9 4 3 ) M a t e r i a l s R e v i e w e d : I h a v e r e c e i v e d 8 C D - R O M s t h a t i n c l u d e m e d i c a l r e c o r d s f r o m t h e E a s t J e f f e r s o n G e n e r a l H o s p i t a l , B a y l o r C o l l e g e o f M e d i c i n e , B a y l o r - S t L u k e ' s , E . J . F a m i l y P r a c t i c e , L o u i s i a n a H e a r t a n d L u n g C e n t e r , a n d radiographic i m a g e s f r o m tiie E a s t J e f f e r s o n M e d i c a l C e n t e r d i e d e p o s i t i o n t e s t i m o n i e s o f M r . W i l l i a m B e l l ( 2 v o l s . 1 2 - 0 2 - 2 0 1 5 ) . a n d f o u r s l i d e s l a b e l e d S I 5 - 1 5 2 7 8 i n d i e case o f M r . C h a r l e s B e l l , d ecea sed . . M e d i c a l H i s t o r y : I n O c t o b e r o f 2 0 1 5 , M r . B e l l w a s a 7 2 - y e a r - o l d m a n w h o p r e s e n t e d t o t h e B a y l o r - S t L u k e ' s M e d i c a l C e n t e r w i t i i d y s p n e a a n d a h i s t o r y o f r e c u r r e n t right p l e u r a l e f f u s i o n s . H i s p a s t m e d i c a l h i s t o r y i n c l u d e d h y p e r t e n s i o n , d i a b e t e s a n d h y p e r l i p i d e m i a , w h i c h a p p a r e n t l y a l l r e s o l v e d w i t h w e i g h t l o s s , a n d " a s t i i m a . " I n A p r i l o f 2 0 1 5 , V A T S b i o p s y o f t h e p l e u r a w a s i n t e r p r e t e d as s h o w i n g r e a c t i v e m e s o t h e l i a l c e l l s . H o w e v e r , h i s c o n d i t i o n d i d n o t i m p r o v e a n d c h e s t i m a g i n g r e v e l a e d e x t e n s i v e n o d u l a r p l e u r a l t h i c k e n i n g w i t h c h e s t w a l l i n v a s i o n . A r e p e a t n e e d l e b i o p s y o f t h e p l e u r a s h o w e d m a l i g n a n t m e s o t i i e l i o m a . H e u n d e r w e n t r e s e c t i o n o f a c h e s t w a l l m a s s a s w e l l a s m u l t i p l e p l e u r a l , l y m p h n o d e a n d p e r i t o n e a l b i o p s i e s t h a t c o n f i r m e d Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 17 of 19 t h e p r e s e n c e o f d i f f u s e m a l i g n a n t m e s o t h e l i o m a . U n f o r t u n a t e l y , M r . B e l l s u c c u m b e d t o h i s m a l i g n a n t m e o s t h e l i o m a s h o r t l y t h e r e a f t e r . E x p o s u r e H i s t o r y : T h e m e d i c a l r e c o r d a n d M r . B e l l ' s d e p o s i t i o n t e s t i m o n y i n d i c a t e s t h a t h e w a s r e p e a t e d l y e x p o s e d t o a s b e s t o s . H e s e r v e d a s a M a c h i n i s t M a t e i n t h e U . S . N a v y f r o m 1 9 6 0 u n t i l 1 9 6 8 . H i s d u t i e s i n c l u d e d w o r k i n g i n t h e e n g i n e r o o m s a n d a t s h i p y a r d s a n d t h e N u c l e a r R e a c t o r T e s t i n g C e n t e r i n I d a h o . H e r e p a i r e d a n d m a i n t a i n e d a s b e s t o s - c o n t a i n i n g C r a n e a n d A & M v a l v e s ; D e L a v a l , G o u l d s , A u r o r a , B u f f a l o , a n d W a r r e n p u m p s ; G . E . a n d W e s t i n g h o u s e t u r b i n e s ; F o s t e r - W h e e l e r c o n d e n s e r s ; Y o r k c o m p r e s s o r s ; G r a y M a r i n e d i e s e l a n d C o o p e r - B e s s e m e r e n g i n e s . H i s d u t i e s i n c l u d e d t h e r e m o v a l a n d r e p l a c e m e n t o f a s b e s t o s p a c k i n g , a n d F l e x i t a l l i c g a s k e t s . H e r e p o r t e d w o r k i n g w i t h a s b e s t o s b l a n k e t s . H e w o r k e d i n p r o x i m i t y t o i n s u l a t o r s from W e s t i n g h o u s e w h i l e a t d i e N a t i o n a l R e a c t o r T e s t i n g C e n t e r . H e w o r k e d u n d e r d u s t y c o n d i t i o n s w i d i o u t w a r n i n g s c o n c e r n i n g t h e h a z a r d s o f a s b e s t o s a n d w i t h o u t b e n e f i t o f a d e q u a t e r e s p i r a t o r y p r o t e c t i o n . R e v i e w o f C h e s t I m a g i n g : M y r e v i e w o f t h e c h e s t i m a g i n g a t t h e t i m e o f h i s d i a g n o s t i c w o r k - u p s h o w s a r i g h t - p l e u r a l e f f i i s i o n w i t h c i r c u m f e r e n t i a l n o d u l a r p l e u r a l t h i c k e n i n g t h a t c o m p r e s s e s t h e u n d e r l y i n g l u n g . P E T - C T s c a n s s h o w a v i d F D G - u p t a k e i n t h e p l e u r a l n o d u l e s . 1 a m u n a b l e t o i d e n t i f y d e f i n i t e c a l c i f i e d p l e u r a l p l a q u e s r a d i o g r a p h i c a l l y a n d t h e r e i s n o r a d i o g r a p h i c e v i d e n c e o f a s b e s t o s i s . R e v i e w o f P a t h o l o g y : T h e p l e u r a l b i o p s y i n t h i s case s h o w s a d i f f u s e m a l i g n a n t m e s o t i i e l i o m a , b i p h a s i c t y p e , w i t h e p i t h e l i o i d a n d d e s m o p l a s t i c f e a t u r e s . T h e r e i s a S e g m e n t o f a h y a l i n i z e d p l e u r a l p l a q u e a t t r i b u t a b l e t o a s b e s t o s e x p o s u r e . B y r e p o r t t h e t u m o r c e l l s w e r e p a n c y t o k e r a f i n , C F C 5 / 6 , a n d W T - 1 i m m u n o p o s i t i v e a n d i m m u n o n e g a t i v e T T F - I a n d C E A , c o n f i r m i n g d i e d i a g n o s i s . C o n c l u s i o n s : M r . B e l l w a s d i a g n o s e d w i d i d i f f u s e m a l i g n a n t m e s o t i i e l i o m a t h a t c a u s e d h i s d e a t i i a n d h a s h i s t o l o g i c a l e v i d e n c e o f b e n i g n a s b e s t o s - r e l a t e d p l e u r a l d i s e a s e h i s t o l o g i c a l l y . I a t t r i b u t e h i s m e s o t h e l i o m a a n d p l e u r a l p l a q u e t o h i s c u m u l a t i v e e x p o s u r e s t o a s b e s t o s a s o u t l i n e d i n t h i s r e p o r t F e e s M y c u r r e n t f e e s a r e $ 5 0 0 / h r f o r case r e v i e w a n d d e p o s i t i o n , a n d $ 8 , 0 0 0 p e r d i e m f o r t e s t i m o n y i n c o u r t . R i c h a r d K r a d i n , M . D . Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 18 of 19 F u r t h e r A f f i a n t S a y e t h N a u g h t . R i c h a r d L . K r a d i n , M . D . , D X M . & H . S T A T E O F M A S S A C I - I U S E T T S C O U N T Y O F S U F F O L K C o m m i s s i o n E x p i r e s : R i d i a i d L K r a d i n , M D . , D . T J V L m Case 2:15-cv-06394-LMA-DEK Document 229-6 Filed 08/17/16 Page 19 of 19 1 . M y n a m e i s S t e p h e n T e r r y K r a u s , M . D . I a m l i c e n s e d t o p r a c t i c e m e d i c i n e i n t h e S t a t e o f L o u i s i a n a . I h a v e b e e n B o a r d C e r t i f i e d s i n c e 1 9 7 6 i n R a d i a t i o n O n c o l o g y ( T h e r a p e u t i c R a d i o l o g y ) . I h a v e t r e a t e d m a n y p a t i e n t s w i t h m a l i g n a n t m e s o t h e l i o m a i n t h e S t a t e o f L o u i s i a n a s i n c e 1 9 8 2 . 2 . I h a v e r e v i e w e d t h e m e d i c a l r e c o r d s , a v a i l a b l e x - r a y s a n d s c a n s o f M r . W i l l i a m B e l l . I h a v e r e v i e w e d t h e d e p o s i t i o n s o f M r . W i l l i a m B e l l . I h a v e r e v i e w e d t h e d e a t h c e r t i f i c a t e o f M r . W i l l i a m B e l l , i h a v e r e v i e w e d t h e e x p e r t r e p o r t s o f D r . J a m e s M i l l e t t e a n d F r a n k P a r k e r , I I I . 3 . M r . W i l l i a m B e l l ' s d a t e o f b i r t h i s J a n u a r y 3 1 , 1 9 4 3 , a n d h i s d a t e o f d e a t h i s F e b r u a r y 2 3 , 2 0 1 6 . 4 . C a u s e o f d e a t h : m a l i g n a n t m e s o t h e l i o m a 5 . J a n u a r y 2 0 1 4 , M r . B e l l h a d p r o f o u n d d y s p n e a o n e x e r t i o n . H e w a s n o t a b l e t o a m b u l a t e . H e w a s b e d a n d c h a i r b o u n d d u e t o t h e p r o f o u n d s h o r t n e s s o f b r e a t h a n d d i s c o m f o r t . B e c a u s e o f t h e m a s s i v e p l e u r a l e f f u s i o n o n t h e r i g h t s i d e , a t h o r a c e n t e s i s w a s u n d e r t a k e n a n d 2 5 0 0 c c ' s w a s r e m o v e d f r o m t h e r i g h t p l e u r a l c a v i t y . T h e f l u i d w a s n e g a t i v e f o r m a l i g n a n c y . 6 . M a r c h 2 5 , 2 0 1 4 , t h e p l e u r a l e f f u s i o n r e - o c c u r r e d . I t w a s n o t e d a t t h a t t i m e t h a t M r . B e l l h a d t h r e e p r e v i o u s t h o r a c e n t e s i s o f 2 5 0 0 c c ' s , 3 6 0 0 c c ' s , a n d 2 0 0 c c ' s . R e s u l t s o f e a c h t h o r a c e n t e s i s r e v e a l e d n o m a l i g n a n t c e l l s . 7 . A p r i l 2 9 , 2 0 1 4 , M r . B e l l w a s a d m i t t e d w i t h a c h i e f c o m p l a i n t o f " I ' m h u r t i n g . " A r i g h t p l e u r a l e f f u s i o n a n d a p l e u r a l b a s e d m a s s w a s n o t e d . A c h e s t t u b e w a s p l a c e d . M r . B e l l t h e n u n d e r w e n t a V A T s p r o c e d u r e . A l a r g e c o m p l e x l o c u l a t e d p l e u r a l e f f u s i o n w a s a p p r e c i a t e d . T h e l u n g p a r e n c h y m a w a s " e n t r a p p e d " b y a l a r g e a r e a o f " c h r o n i c p e e l " o f t h e r i g h t l o w e r l o b e , r i g h t m i d d l e l o b e a n d p a r t i a l r i g h t u p p e r l o b e . I n a n e f f o r t t o r e - e x p a n d t h e r i g h t l u n g , a p a r t i a l d e c o r t i c a t i o n w a s u n d e r t a k e n . U n f o r t u n a t e l y , t h e l u n g d i d n o t e x p a n d . 8 . A u g u s t 2 4 , 2 0 1 5 , r i g h t p l e u r a l e x c i s i o n a l b i o p s y w a s a c c o m p l i s h e d . T h e p a t h o l o g y r e s u l t s w e r e r e p o r t e d o n A u g u s t 2 6 , 2 0 1 5 , a s b i p h a s i c m a l i g n a n t m e s o t h e l i o m a . Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 1 of 28 9 . S e p t e m b e r 1 1 , 2 0 1 5 , P E T s c a n s h o w e d t h a t t h e r i g h t - s i d e d m a l i g n a n t m e s o t h e l i o m a e n c o m p a s s e d t h e r i g h t h e m i t h o r a x i n i t s e n t i r e t y w i t h m e d i a s t i n a l e x t e n s i o n a n d l y m p h n o d e i n v o l v e m e n t o f r i g h t m e d i a s t i n a l n o d e s a s w e l l a s c o n t r a l a t e r a l l y m p h n o d e s . I t w a s a l s o n o t e d t h a t t h e r e w a s e x t e n s i o n i n t o t h e r i g h t c h e s t w a l l , a s w e l l a s i n t o t h e d i a p h r a g m . 1 0 . O c t o b e r 2 8 , 2 0 1 5 , a n e x p l o r a t o r y l a p o r a t o m y a n d r a n d o m b i o p s i e s o f t h e p e r i t o n e u m a n d r i g h t a n d l e f t l a t e r a l a b d o m i n a l w a l l b i o p s i e s w e r e d o n e . N o a b d o m i n a l m e s o t h e l i o m a w a s n o t e d . T o c o m p l e t e t h e s t a g i n g , a b r o n c h o s c o p y w a s p e r f o r m e d . T h i s w a s n e g a t i v e . A r i g h t c h e s t w a l l m a s s w a s r e s e c t e d . T h i s r e v e a l e d b i p h a s i c m a l i g n a n t m e s o t h e l i o m a . I t w a s d e t e r m i n e d t h a t M r . B e l l h a d a s t a g e I V m a l i g n a n t m e s o t h e l i o m a . F u r t h e r s u r g e r y w a s d i s c o n t i n u e d b e c a u s e o f t h e e x t e n s i v e n e s s o f t h e m a l i g n a n t m e s o t h e l i o m a . 1 1 . M r . B e l l w a s t h e n r e f e r r e d b a c k t o D r . H e n r y J a c k s o n . S u b s e q u e n t l y h e w a s p l a c e d u n d e r t h e c a r e o f H o s p i c e o f S t . T a m m a n y u n t i l h i s d e a t h f r o m m a l i g n a n t m e s o t h e l i o m a o n F e b r u a r y 2 3 , 2 0 1 6 . 1 2 . M r . W i l l i a m B e l l h a d o c c u p a t i o n a l a s b e s t o s e x p o s u r e d u r i n g h i s s e r v i c e i n t h e N a v y f r o m 1 9 6 0 t h r o u g h 1 9 6 8 . M r . B e l l w o r k e d a s a m a c h i n e r y r e p a i r m a n a n d m a c h i n i s t m a t e d u r i n g h i s t i m e i n t h e N a v y . H e w a s e x p o s e d t o a s b e s t o s f r o m m a i n t e n a n c e w o r k b e i n g p e r f o r m e d o n v a r i o u s e q u i p m e n t , i n c l u d i n g v a l v e s , p u m p s , t u r b i n e s , c o n d e n s e r s , d i e s e l e n g i n e s , a n d r e f r i g e r a t i o n e q u i p m e n t . M r . B e l l w a s e x p o s e d t o a s b e s t o s f r o m m a i n t a i n i n g a n d r e p a i r i n g p u m p s , w h i c h i n c l u d e d c h a n g i n g p a c k i n g a n d g a s k e t s . H e s t a t e d t h a t h e w o r k e d o n h u n d r e d s o f p u m p s . M r . B e l l w a s a l s o e x p o s e d t o a s b e s t o s r e p a i r i n g a n d m a i n t a i n i n g v a l v e s , w h i c h i n c l u d e d c h a n g i n g a s b e s t o s p a c k i n g a n d g a s k e t s . H e i n d i c a t e d t h a t h e w o r k e d o n v a l v e s t h e m o s t . H e i n d i c a t e d t h a t p u m p s a n d v a l v e s w e r e t h e t w o m o s t c o m m o n l y r e p a i r e d i t e m s o n t h e s h i p s . M r . B e l l w a s e x p o s e d t o a s b e s t o s f r o m r e p a i r w o r k t h a t o c c u r r e d o n d i e s e l e n g i n e s . M r . B e l l d i s c u s s e d w o r k i n g a r o u n d i n s u l a t o r s r e m o v i n g a s b e s t o s f r o m v a r i o u s e q u i p m e n t , i n c l u d i n g d i e s e l e n g i n e s , c o n d e n s e r s , a n d r e f r i g e r a t i o n e q u i p m e n t . A l s o , h e d i s c u s s e d e x p o s u r e t o a s b e s t o s w o r k i n g a r o u n d i n s u l a t o r s a t t h e N a t i o n a l R e a c t o r T e s t i n g C e n t e r . 1 3 . A s a m e d i c a l d o c t o r , I p e r f o r m e d a q u a l i t a t i v e c u m u l a t i v e a s s e s s m e n t o f M r . B e l l ' s e x p o s u r e s t o a s b e s t o s . T h e s e o c c u p a t i o n a l a s b e s t o s e x p o s u r e s f r o m Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 2 of 28 e q u i p m e n t i n c l u d i n g v a l v e s , p u m p s , c o n d e n s e r s , t u r b i n e s , d i e s e l e n g i n e s , a n d r e f r i g e r a t i o n e q u i p m e n t r e s u l t e d i n W i l l i a m B e l l ' s m a l i g n a n t m e s o t h e l i o m a a n d d e a t h , i t i s r e c o g n i z e d i n t h e s c i e n t i f i c l i t e r a t u r e t h a t t h e s e s o r t o f e x p o s u r e s a s a N a v y s e r v i c e m a n , m a c h i n i s t m a t e , a n d m a c h i n e r y r e p a i r m a n c a u s e m e s o t h e l i o m a . ( 9 1 , 9 2 ) . I h a v e a l s o r e v i e w e d t h e r e p o r t s o f F r a n k P a r k e r , I I I , a n d D r . J a m e s M i l l e t t e , w h o d i s c u s s t h e h i g h l e v e l s o f e x p o s u r e s t h a t M r . B e l l s u s t a i n e d f r o m h i s m a i n t e n a n c e w o r k o n a n d a r o u n d t h i s e q u i p m e n t . T h e i r r e p o r t s d o c u m e n t e x p o s u r e s t o a s b e s t o s f r o m v a r i o u s p r o d u c t s u s e d o n a n d w i t h i n t h i s e q u i p m e n t , i n c l u d i n g i n s u l a t i o n , g a s k e t s , a n d p a c k i n g , w h i c h e x p o s u r e l e v e l s w e r e s i g n i f i c a n t f r o m a m e d i c a l s t a n d p o i n t . T h e s c i e n t i f i c l i t e r a t u r e d o c u m e n t s c a s e s o f m e s o t h e l i o m a a t l e v e l s w e l l b e l o w t h e c u r r e n t O S H A p e r m i s s i b l e e x p o s u r e l i m i t I t i s t h e c o n s e n s u s o f t h e s c i e n t i f i c c o m m u n i t y t h a t o c c u p a t i o n a l e x p o s u r e s o f b r i e f o r l o w l e v e l s a r e s u f f i c i e n t f o r a m e s o t h e l i o m a t o b e d e s i g n a t e d a s o c c u p a t i o n a l l y r e l a t e d . ( 1 8 ) . T h e s c i e n t i f i c l i t e r a t u r e s h o w s t h a t e x p o s u r e s a s b r i e f a s o n e d a y , t h r e e w e e k s , o r e v e n t h r e e m o n t h s i s s u f f i c i e n t t o c a u s e m e s o t h e l i o m a . ( 9 , 5 6 , 1 1 0 , 1 2 0 , 1 3 1 ) . T h e n a t u r e , t y p e a n d d u r a t i o n o f e x p o s u r e s u s t a i n e d b y M r . B e l l i s t h e n a t u r e , t y p e a n d d u r a t i o n o f e x p o s u r e t h a t h a s b e e n s h o w n t o c a u s e m e s o t h e l i o m a i n t h e s c i e n t i f i c l i t e r a t u r e . 1 4 . T h e f i r s t w r i t t e n r e c o r d o f a s b e s t o s w a s b y T h e o p h r a s t u s i n 3 0 0 B C . D i s c o r d e s i d e n t i f i e d i t a s a m i n e r a l t h a t w a s d e s c r i b e d a s " u n d e f i l e d " . P l i n y t h e E l d e r , i n t h e f i r s t C e n t u r y , d e s c r i b e d a s b e s t o s a s " u n q u e n c h a b l e " . 1 5 . R a m a z z i n i , i n 1 7 1 3 , n o t e d t h a t l a u n d r e s s e s " h a d f a l l e n s i c k f r o m v a r i o u s a i l m e n t s c o n t r a c t e d i n t h e c o u r s e o f t h e i r w o r k . " T h e d i s e a s e s t h e y c o n t r a c t e d w e r e f r o m d i r e c t c o n t a c t w i t h l i n e n s a n d b e d c l o t h e s . H e p o s t u l a t e d t h a t c h a n g i n g o u t o f t h e i r w o r k c l o t h e s w o u l d p r e v e n t t h e m f r o m b e c o m i n g i l l " f r o m v a r i o u s a i l m e n t s c o n t r a c t e d d u r i n g t h e c o u r s e o f t h e i r w o r k . " ( 9 4 , 1 1 5 ) 1 6 . J o s e p h L i e u t a d d e s c r i b e d t w o c a s e s o f p l e u r a l m a l i g n a n c i e s t h a t w e r e c o n s i s t e n t w i t h m a l i g n a n t m e s o t h e l i o m a i n 1 7 6 7 . ( 8 7 ) 1 7 . H o f f m a n r e p o r t e d t h a t A m e r i c a n a n d C a n a d i a n a s b e s t o s w o r k e r s l a b o r e d i n " u n h e a l t h f u l c o n d i t i o n s " i n 1 9 1 8 . ( 1 ) Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 3 of 28 1 8 . A s b e s t o s w a s f i r s t i d e n t i f i e d a s a c a r c i n o g e n i n t h e U n i t e d S t a t e s b y L y n c h a n d S m i t h i n 1 9 3 5 . ( 2 ) 1 9 . 5 c a s e s o f " p r i m a r y p l e u r a l n e o p l a s m " o f m e s o t h e l i a l o r i g i n w e r e d e s c r i b e d b y K l e m p e r e r i n 1 9 3 1 . ( 8 7 ) 2 0 . W e d l e r d e s c r i b e d p l e u r a l a n d p e r i t o n e a l t u m o r s a s s o c i a t e d w i t h a s b e s t o s i n 1 9 4 3 . ( 3 ) 2 1 . The Annuo! Reportof Chief Inspector of Factories for the Year 1947 cited 2 3 5 f a c t o r y w o r k e r s f r o m 1 9 2 4 t h r o u g h 1 9 4 6 w h o h a d d o c u m e n t e d o c c u p a t i o n a l a s b e s t o s e x p o s u r e . M e r e w e t h e r n o t e d t h a t " c a n c e r o f t h e l u n g s o r p l e u r a w e r e f o u n d t o b e p r e s e n t a s a c a u s e o f d e a t h i n 3 1 ( 1 3 . 2 % ) o f t h e s e c a s e s " . ( 4 ) 2 2 . L i e b e r , i n 1 9 5 6 , d e s c r i b e d 6 8 w o r k e r s w i t h k n o w n a s b e s t o s o c c u p a t i o n a l e x p o s u r e , a n d " 2 1 o f t h e s e n o t o n l y h a d e v i d e n c e o f a s b e s t o s i s b u t a l s o h a d s u f f e r e d f r o m m a l i g n a n c y " . ( 5 ) 2 3 . I n 1 9 6 0 , W a g n e r d e t e r m i n e d t h a t a s b e s t o s w a s t h e c a u s a t i v e a g e n t o f m a l i g n a n t m e s o t h e l i o m a a n d t h a t m a l i g n a n t m e s o t h e l i o m a d i d n o t o c c u r " s p o n t a n e o u s l y " . ( 8 9 ) 2 4 . A c c o r d i n g t o The Consensus Report of the 1997 Helsinki Conference, t h e H e l s i n k i c r i t e r i a w e r e d e v e l o p e d b y a g r o u p o f " 1 9 p a r t i c i p a n t s f r o m 8 c o u n t r i e s n o t p r o d u c i n g a s b e s t o s " . A l l p a r t i c i p a n t s h a v e a g r e e d t h a t : • A n o c c u p a t i o n a l h i s t o r y o f b r i e f o r l o w l e v e l e x p o s u r e " i s a l l t h a t i s r e q u i r e d f o r m a l i g n a n t m e s o t h e l i o m a t o b e c o n s i d e r e d a s a s b e s t o s r e l a t e d " . • A l l a s b e s t o s f i b e r t y p e s c a u s e m a l i g n a n t m e s o t h e l i o m a . 2 5 . The Congressional Record, O c t o b e r 2 0 0 7 , a c k n o w l e d g e s t h a t : • o c c u p a t i o n a l a s b e s t o s e x p o s u r e c a u s e s m a l i g n a n t m e s o t h e l i o m a ; • a l l f i b e r t y p e s o f a s b e s t o s c a u s e m a l i g n a n t m e s o t h e l i o m a ; • o c c u p a t i o n a l a s b e s t o s e x p o s u r e i s a c a u s e o f m a l i g n a n t m e s o t h e l i o m a ; Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 4 of 28 • a s b e s t o s i s a " c a t e g o r y A h u m a n c a r c i n o g e n , t h e h i g h e s t c a n c e r h a z a r d c l a s s i f i c a t i o n f o r a s u b s t a n c e " ; • E v e n l o w l e v e l s o f a s b e s t o s e x p o s u r e m a y c a u s e a s b e s t o s r e l a t e d d i s e a s e s , i n c l u d i n g m e s o t h e l i o m a . ( 3 7 , 7 5 ) 2 6 . " F a m i l i e s o f w o r k e r s a r e p u t a t r i s k b e c a u s e o f a s b e s t o s b r o u g h t h o m e b y t h e w o r k e r s o n t h e s h o e s , c l o t h e s , s k i n a n d h a i r o f t h e w o r k e r s . " ( 1 4 , 1 8 , 2 0 , 2 0 , 3 7 , 4 0 , 5 4 , 5 5 , 5 6 , 6 2 , 6 3 , 7 1 , 7 3 , 8 0 , 8 3 , 9 6 , 9 8 , 1 0 9 , 1 1 7 ) 2 7 . T h e s c i e n t i f i c c o m m u n i t y i s i n c o n s e n s u s t h a t o c c u p a t i o n a l o r p a r a - o c c u p a t i o n a l / d o m e s t i c a s b e s t o s e x p o s u r e c a n c a u s e m e s o t h e l i o m a . ( 8 , 9 , 2 0 , 3 7 , 4 0 , 5 5 , 7 5 , 7 1 , 7 7 , 9 6 , 9 8 , 1 0 9 , 1 1 4 , 1 1 8 , 1 2 1 ) 2 8 . T h e s c i e n t i f i c c o m m u n i t y i s i n c o n s e n s u s t h a t e v e n b r i e f o r l o w l e v e l e x p o s u r e t o a s b e s t o s c a n c a u s e m e s o t h e l i o m a . ( 1 8 , 3 7 , 4 0 , 5 5 , 5 6 , 6 2 , 6 3 , 7 1 , 7 3 , 7 5 , 7 7 , 9 6 , 1 0 9 , 1 1 2 , 1 1 4 , 1 2 1 ) 2 9 . " T h e c o n s e n s u s o f t h e s c i e n t i f i c c o m m u n i t y i s t h a t o c c u p a t i o n a l o r p a r a o c c u p a t i o n a l e x p o s u r e t o a s b e s t o s - e v e n ' b r i e f o r l o w - l e v e l e x p o s u r e s ' - m u s t b e c o n s i d e r e d c a u s a l i n a n i n d i v i d u a l w i t h a m e s o t h e l i o m a . " ( 1 8 , 2 0 , 3 7 , 4 0 , 6 2 , 6 3 , 7 1 , 1 0 9 , 1 2 1 ) 3 0 . " M e s o t h e l i o m a i s a s i g n a t u r e m a l i g n a n c y f o r a s b e s t o s e x p o s u r e " . ( 2 0 , 3 7 , 4 0 5 6 , 7 1 , 7 5 , 7 7 , 9 8 , 1 0 9 ) 3 1 . T h e f o l l o w i n g a g e n c i e s a n d o r g a n i z a t i o n s t h a t a c k n o w l e d g e t h a t o c c u p a t i o n a l a n d p a r a - o c c u p a t i o n a l a s b e s t o s e x p o s u r e c a n r e s u l t i n m a l i g n a n t m e s o t h e l i o m a a n d t h a t a l l t y p e s o f a s b e s t o s f i b e r s c a n c a u s e m a l i g n a n t m e s o t h e l i o m a : T h e E n v i r o n m e n t a l P r o t e c t i o n A g e n c y ( 2 0 T h e I n t e r n a t i o n a l A g e n c y f o r R e s e a r c h o n C a n c e r ( 2 0 , 7 9 , 1 2 1 ) T h e N a t i o n a l T o x i c o l o g y P r o g r a m ( 2 0 ) T h e O c c u p a t i o n a l S a f e t y a n d H e a l t h A d m i n i s t r a t i o n ( 2 0 , 9 6 , 1 0 9 , T h e C o n s u m e r P r o d u c t s S a f e t y C o m m i s s i o n ( 2 0 ) T h e W o r l d H e a l t h O r g a n i z a t i o n ( 2 0 , 7 1 , 7 7 ) T h e W o r l d T r a d e O r g a n i z a t i o n ( 2 0 , 7 9 , 1 2 1 ) Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 5 of 28 • N a t i o n a l I n s t i t u t e f o r O c c u p a t i o n a l S a f e t y a n d H e a l t h ( 9 , 1 9 , 2 0 ) • T h e A m e r i c a n T h o r a c i c S o c i e t y ( 2 0 ) • T h e A m e r i c a n C o n f e r e n c e o n G o v e r n m e n t a l I n d u s t r i a l H y g i e n i s t s ( 2 0 } • " T h i s s c i e n t i f i c c o n s e n s u s i s a l s o r e f l e c t e d i n The Consensus Report of the 1997 Helsinki Conference, a n d p u b l i c a t i o n s f r o m t h e A m e r i c a n C a n c e r S o c i e t y a n d t h e N a t i o n a l C a n c e r I n s t i t u t e o f t h e N a t i o n a l I n s t i t u t e s o f H e a l t h " . ( 1 8 , 2 0 ) 3 2 . T h e N a t i o n a l I n s t i t u t e f o r O c c u p a t i o n a l S a f e t y a n d H e a l t h c o n c l u d e s t h a t o c c u p a t i o n a l e x p o s u r e t o a s b e s t o s - c o n t a m i n a t e d m a t e r i a l s i s a r i s k f o r d e v e l o p m e n t o f m a l i g n a n t m e s o t h e l i o m a . ( 8 , 9 , 1 9 ) 3 3 . E v e n l o w l e v e l s o f o c c u p a t i o n a l o r p a r a o c c u p a t i o n a l a s b e s t o s e x p o s u r e c a n c a u s e m a l i g n a n t m e s o t h e l i o m a . ( 8 , 9 , 1 3 , 1 8 , 1 9 , 2 0 , 3 7 , 4 0 , 5 5 , 5 8 , 7 6 , 7 7 , 1 0 8 , 1 2 1 ) 3 4 . B a c k g r o u n d a s b e s t o s e x p o s u r e i s n e g l i g i b l e a n d n o t a f a c t o r i n d e v e l o p i n g m a l i g n a n t m e s o t h e l i o m a . ( 1 8 , 2 0 , 3 7 , 4 0 , 1 2 1 ) 3 5 . K a n a r e k a c k n o w l e d g e s t h a t a l l t y p e s o f a s b e s t o s c a n c a u s e m a l i g n a n t m e s o t h e l i o m a a n d t h a t " b r i e f o r l o w e x p o s u r e s t o a s b e s t o s a r e c a p a b l e o f m e s o t h e l i o m a c a r c i n o g e n i c i t y . " ( 5 5 ) 3 6 . T h e m e a n l i f e e x p e c t a n c y o f i n d i v i d u a l s w i t h m a l i g n a n t m e s o t h e l i o m a i s 9 ¬ 1 2 m o n t h s . ( 6 , 8 , 1 2 , 1 5 , 1 6 , 2 4 , 2 9 , 3 0 , 3 1 , 3 2 , 3 4 , 3 8 , 5 2 , 7 7 ) 3 7 . D i a g n o s i s a n d s u b t y p i n g o f m a l i g n a n t m e s o t h e l i o m a h a v e b e e n i m p r o v e d w i t h s o p h i s t i c a t e d i m m u n o h i s t o c h e m i s t r y c h e m i s t r y s t u d i e s . 3 8 . T h e q u a l i t y o f l i f e f o r a n i n d i v i d u a l w i t h m a l i g n a n t m e s o t h e l i o m a i s p o o r b e f o r e t r e a t m e n t , d u r i n g t r e a t m e n t a n d a f t e r t r e a t m e n t . ( 1 2 , 1 5 , 1 6 , 2 2 , 2 4 , 2 6 , 2 9 , 3 0 , 3 1 , 3 2 , 3 4 , 3 8 ) 3 9 . S y m p t o m s o f m a l i g n a n t p l e u r a l m e s o t h e l i o m a i n c l u d e : • p r o f o u n d p a i n Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 6 of 28 w e i g h t l o s s c h e s t w a l l p a i n o r p l e u r i s y f l u i d i n t h e t h o r a c i c c a v i t y s e v e r e s h o r t n e s s o f b r e a t h p a i n o n b r e a t h i n g f a t i g u e p e r s i s t e n t c o u g h c o u g h i n g u p b l o o d p e r s i s t e n t h i c c u p s i n a b i l i t y t o s w a l l o w p r o f o u n d w e a k n e s s a n e m i a s y m p t o m s o f h e a r t f a i l u r e v e n o u s b l o o d c l o t s r e s u l t i n g i n b l o o d c l o t s t o t h e l u n g v a s c u l a r b l o c k a g e w i t h p r o f o u n d f a c i a l a n d a r m s w e l l i n g u n c o n t r o l l e d n o s e b l e e d s e x t e n s i o n o f m a l i g n a n t m e s o t h e l i o m a t h r o u g h t h e d i a p h r a g m r e s u l t i n g i n a s c i t e s , s w e l l i n g o f l e g s p e l v i c p a i n a n d b a c k p a i n m e t a s t a s i s t o l u n g , b o n e , l i v e r , i n t e s t i n e a n d l y m p h n o d e s d e a t h 4 0 . A l l o p i n i o n s a n d c o n c l u s i o n s i n t h i s r e p o r t a r e t o a r e a s o n a b l e d e g r e e o f m e d i c a l c e r t a i n t y a n d p r o b a b i l i t y . Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 7 of 28 B i b l i o g r a p h y 1 . H o f f m a n F L . M o r t a l i t y f r o m R e s p i r a t o r y T r a d e s , B u l l e t i n , U n i t e d S t a t e s D e p a r t m e n t o f L a b o r , B u r e a u o f L a b o r S t a t i s t i c s , 1 9 1 8 2 . L y n c h K M , a n d S m i t h W A . P u l m o n a r y A s b e s t o s i s I I I : C a r c i n o m a o f L u n g a n d A s b e s t o - S i l i c o s i s . A m J C a n c e r 2 4 : 5 6 - 6 4 , 1 9 3 5 3 . W e d l e r H W . A s b e s t o s e u n d L u n g e n k r e b s . D t s h A r c h K l i n M e d 1 9 1 : 1 8 9 , 1 9 4 3 4 . M e r e w e t h e r , E R A . A n n u a l R e p o r t o f t h e C h i e f I n s p e c t o r o f t h e F a c t o r i e s f o r t h e Y e a r 1 9 4 7 5 . L i e b e r J . M a l i g n a n c i e s i n A s b e s t o s W o r k e r s . A r c h E n v i r o n H e a l t h 1 3 : 6 1 9 - 6 2 1 6 . A l l e m a n J E , B r o o k e T M . A s b e s t o s R e v i s i t e d . S c i e n t i f i c A m e r i c a n J u l y : 1 9 9 7 7 . S a w y e r R N . A s b e s t o s e x p o s u r e i n Y a l e B u i l d i n g . P r e v e n t a t i v e a n d O c c u p a t i o n a l M e d i c i n e : 1 4 6 - 1 6 9 , 1 9 7 6 8 . R o b i n s o n C , L e m e n R , e t a l . D u s t s a n d D i s e a s e s . O c c u p a t i o n a l a n d E n v i r o n m e n t a l E x p o s u r e s t o S e l e c t e d F i b r o u s a n d P a r t i c u l a t e D u s t s . N I O S H : 1 3 0 ¬ 1 4 2 , 1 9 7 6 9 . N I O S H R e v i s e d R e c o m m e n d e d A s b e s t o s S t a n d a r d s . D e p t H E W : 3 0 - 4 2 , 1 9 7 6 1 0 . H a l l i w e l l B , G u t t e r i d g e J M . O x y g e n T o x i c i t y , O x y g e n R a d i c a l s , T r a n s i t i o n M e t a l s a n d D i s e a s e . B i o c h e m J . 2 1 9 ( 1 ) 1 - 1 4 , 1 9 8 4 1 1 . A s b e s t i f o r m F i b e r s N o n - o c c u p a t i o n a l H e a l t h H a z a r d s . B o a r d o f T o x i c o l o g y a n d H e a l t h H a z a r d s , N a t i o n a l R e s e a r c h C o u n c i l . 1 9 8 4 1 2 . A n t m a n K , S h e m i n R , e t a l . M a l i g n a n t M e s o t h e l i o m a P r o g n o s t i c V a r i a b l e s i n a R e g i s t r y o f 1 8 0 P a t i e n t s , t h e D a n a F a r b e r C a n c e r I n s t i t u t e a n d B r i g h a m a n d W o m a n ' s H o s p i t a l E x p e r i e n c e 1 9 6 5 - 1 9 8 5 . J C l i n O n c o l 6 ( 1 ) 1 4 7 - 1 5 3 , 1 9 8 8 1 3 . C o n t r o l o f A s b e s t o s E x p o s u r e d u r i n g B r a k e D r u m S e r v i c e . U S D e p t o f H & H S 1 9 8 1 4 . J o u b e r t L , S e i d m a n H , e t a l . M o r t a l i t y E x p e r i e n c e o f F a m i l y C o n t a c t s o f A s b e s t o s W o r k e r s . A n n N Y A c a d S c i . 4 1 6 - 4 1 8 , 1 9 9 1 I S . S u g a r b a k e r D J , S t r a u s s G M , e t a l . N o d e s t a t u s a n d M a l i g n a n t M e s o t h e l i o m a . J C l i n O n c o l 1 1 : 6 1 1 7 2 - 1 1 7 8 , 1 9 9 3 1 6 . S u g a r b a k e r D J , F l o r e s R M , e t a l . R e s e c t i o n M a r g i n s E x t r a p l e u r a l N o d a l S t a t u s , C e l l T y p e D e t e r m i n e P o s t o p e r a t i v e L o n g - T e r m S u r v i v a l i n T r i m o d a l i t y T h e r a p y o f M a l i g n a n t P l e u r a l M e s o t h e l i o m a . R e s u l t s i n 1 8 3 P a t i e n t s . J T h o r a n d C a r d i o v a s c S u r g e r y 1 1 7 : 1 5 4 - 6 5 , 1 9 9 9 Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 8 of 28 1 7 . Q i a n , M S : T h e R o l e o f I r o n i n F r e e R a d i c a l O x i d a t i o n s , P h D T h e s i s U n i v e r s i t y o f \owa I S . C o n s e n s u s R e p o r t . S c a n d J W o r k E n v i r o n H e a l t h 2 3 : 3 1 1 - 3 1 6 , 1 9 9 7 1 9 . 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E n v i r o n m e n t a l H e a l t h C r i t e r i a 2 0 3 J o i n t S p o n s o r i n g U n i t e d N a t i o n s P r o g r a m E n v i r o n m e n t P r o g r a m e , I n t e r n a t i o n a l L a b o u r O r g a n i z a t i o n , W o r l d H e a l t h O r g a n i z a t i o n , 1 9 9 8 7 2 . D o d s o n R T , e t a l . A T e c h n i c a l C o m p a r i s o n o f E v a l u a t i n g A s b e s t o s C o n c e n t r a t i o n b y P h a s e - c o n t e n t M i c r o s c o p y ( P C M ) , S c a n n i n g E l e c t r o n M i c r o s c o p y ( S E M ) a n d A n a l y t i c a l E l e c t r o n M i c r o s c o p y ( A T E M ) a s I l l u s t r a t e d f r o m D a t a G e n e r a t e d b y a C a s e R e p o r t . I n h a l T o x i c o l ; 2 0 ( 7 ) : 7 2 3 - 7 3 2 , 2 0 0 8 7 3 . E u r o p e a n C o m m i s s i o n S c i e n t i f i c C o m m i t t e e o n T o x i c i t y , E c o t o x i c i t y , a n d E n v i r o n m e n t . A s b e s t o s 1 7 1 2 2 0 0 1 ( 0 2 ) : R i s k t o H u m a n H e a l t h f r o m C h r y s o t i l e a s b e s t o s a n d O r g a n i c S u b s t i t u t e s . D e c e m b e r 1 7 , 2 0 0 2 7 4 . K a m p D W , e t a l . T h e M o l e c u l a r B a s i s o f A s b e s t o s I n d u c i n g L u n g I n j u r y . T h o r a x : 5 4 6 3 8 - 6 5 2 7 5 . U n i t e d S t a t e s t h e D e p a r t m e n t o f L a b o r . F e d e r a l R e g i s t e r ; 7 3 ( 2 1 ) 1 1 2 8 3 - 1 1 3 0 4 7 6 . 0 S H A : A s b e s t o s - a u t o m o t i v e B r a k e a n d C l u t c h R e p a i r W o r k . S H I B 0 7 - 2 6 - 2 7 7 7 . W o r l d H e a l t h O r g a n i z a t i o n : E l i m i n a t i o n o f A s b e s t o s - r e l a t e d D i s e a s e s . U p d a t e d M a r c h , 2 0 1 4 7 8 . E n t e r l i n e P E , e t a l . A s b e s t o s a n d C a n c e r : A C o h o r t o f F o l l o w e d u p t o D e a t h . B r J I n d M e d ; 4 4 3 9 6 - 4 0 1 , 1 9 8 7 7 9 . R u b i n o G F , e t a l . A s b e s t o s ( l A R C S u m m a r y & E v a l u a t i o n ) . S u p p l e m e n t 7 , 1 9 8 7 S O . M a m o C , e t a l . M o r t a l i t y E x p e r i e n c e i n a H i s t o r i c a l C o h o r t o f C h r y s o t i l e A s b e s t o s T e x t i l e W o r k e r s . E p i d e m i o l o g y U n i t , P i e d m o n t R e g i o n , G r u g l i a s c o , T u r i n , I t a l y Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 12 of 28 S l . G a f f n e y S H , e t a l . E v a l u a t i o n o f P o t e n t i a l P a r a - O c c u p a t i o n a l E x p o s u r e t o C h r y s o t i l e d u r i n g L a u n d r y A c t i v i t i e s t h r o u g h a s i m u l a t i o n s t u d y . P r e s e n t a t i o n N u m b e r : S R - 1 0 8 - 1 0 5 ; M a y 2 0 , 2 0 1 3 8 2 . B a r i o v \ / C . E v a l u a t i o n o f P o t e n t i a l T a k e H o m e E x p o s u r e D u r i n g L a u n d e r i n g A c t i v i t i e s : A S i m u l a t i o n S t u d y o f A i r b o r n e C h r y s o t i l e C o n c e n t r a t i o n s A s s o c i a t e d w i t h H a n d l i n g C l o t h i n g E x p o s e d t o K n o w n L e v e l s o f A i r b o r n e A s b e s t o s : 2 0 1 6 8 3 . G o l d b e r g M , e t a l . T h e F r e n c h N a t i o n a l S u r v e i l l a n c e P r o g r a m . O c c u p E n v i r o n M e d ; 6 3 : 3 9 0 - 3 9 5 , 2 0 0 6 8 4 . G o l d b e r g M , e t a l . T h e H e a l t h I m p a c t o f N o n - O c c u p a t i o n a l E x p o s u r e t o A s b e s t o s : W h a t d o W e K n o w N o w ? E u r o J C a n c e r P r e v ; 1 8 ( 6 ) : 4 8 9 - 5 0 3 , 2 0 0 9 S S . B i a n c h i C , e t a l . M a l i g n a n t P l e u r a l M e s o t h e l i o m a i n I t a l y ; I n d J O c c u p E n v i r o n M e d ; 1 3 : 8 0 - 8 3 , 2 0 0 9 8 6 . C h a n g K , e t a l . M a l i g n a n t M e s o t h e l i o m a i n H o n g K o n g . R e s p M e d ; 1 0 0 : 7 5 - 8 2 , 2 0 0 6 8 7 . H a m m e r S , e t a i . N e o p l a s m s o f t h e P l e u r a , D i a l a n d H a m m a r ' s P u l m o n a r y P a t h o l o g y V o l I I ; 5 5 8 - 6 1 7 8 8 . C a s e B , e t a l . H e t e r o g e n e i t y o f E x p o s u r e a n d A t t r i b u t i o n o f M e s o t h e l i o m a : T r e n d s a n d S t r a t e g i e s i n T w o A m e r i c a n C o u n t i e s . J o f P h y s i c s ; S e r i e s 1 5 1 , 2 0 0 9 8 9 . W a g n e r J C , e t a l . D i f f u s e P l e u r a l M e s o t h e l i o m a a n d A s b e s t o s E x p o s u r e i n t h e N o r t h W e s t e r n C a p e P r o v e n c e . B r i t J O c c u p M e d ; 1 7 : 2 6 0 - 2 7 1 , 1 9 6 0 9 0 . B u t n o r K J , e t a l . M a l i g n a n t M e s o t h e l i o m a a n d O c c u p a t i o n a l E x p o s u r e t o A s b e s t o s . A n n O c c u p H y g ; 4 6 S u p p 1 : 1 5 0 - 1 5 3 , 2 0 0 2 9 1 . R o g g l i V L , e t a l . M a l i g n a n t M e s o t h e l i o m a a n d O c c u p a t i o n a l e x p o s u r e t o a s b e s t o s : C l i n i c o p a t h o l o g i c a l C o r r e l a t i o n o f 1 4 4 5 C a s e s . U l t r a s t r u c t u r a l P a t h o l o g y ; 2 6 : 5 5 - 6 5 , 2 0 0 2 9 2 . S e l i k o f f J S , e t a l . A s b e s t o s - a s s o c i a t e d D i s e a s e i n U n i t e d S t a t e s S h i p y a r d s . C a a C a n c e r J o u r n a l f o r C l i n i c i a n s ; 2 8 N o . 2 : 8 7 - 9 9 , 1 9 7 8 9 3 . B a r t r i p P W J . H i s t o r y o f A s b e s t o s R e l a t e d D i s e a s e . P o s t G r a d M e d J ; 8 0 : 7 2 - 7 6 , 2 0 0 3 9 4 . R a m a z z i n i B . D i s e a s e s o f W o r k e r s D e M o r b i s A r t i f i c u m o f 1 7 1 3 ; H a f n e r P u b l i s h i n g C o . , 1 9 6 4 9 5 . W a l s h - H e a l e y P u b l i c C o n t r a c t s A c t . S a f e t y a n d H e a l t h S t a n d a r d s , 1 9 5 1 9 6 . O S H A : O c c u p a t i o n a l S a f e t y a n d C o n c e r n : P a r t # 1 9 2 6 # 1 9 2 6 - 1 1 0 1 Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 13 of 28 9 7 . L o u i s i a n a D E Q : L o u i s i a n a D e p a r t m e n t o f A s b e s t o s N o t i f i c a t i o n F o r m ; D e m o l i t i o n a n d R e n o v a t i o n F o r m ; A s b e s t o s C o u r s e N o t i f i c a t i o n F o r m 9 8 . R e p o r t t o C o n g r e s s o n W o r k e r s ' H o m e C o n t a m i n a t i o n S t u d y C o n d u c t e d U n d e r t h e W o r k e r s ' F a m i l y P r o t e c t i o n A C T ( 2 9 U . S . C . 6 7 1 a ) 9 9 . S a h m e l J e t a l . A i r b o r n e a s b e s t o s T a k e - h o m e E x p o s u r e d u r i n g H a n d l i n g o f C h r y s o t i l e C o n t a m i n a t e d C l o t h i n g F o l l o w i n g S i m u l a t e d F u l l S h i f t W o r k p l a c e E x p o s u r e s . J o u r n a l o f E x p o s u r e S c i e n c e a n d E n v i r o n m e n t a l E p i d e m i o l o g y ; A p r i l 2 9 , 2 0 1 5 1 0 0 . S o c i a l S e c u r i t y L i f e E x p e c t a n c y C a l c u l a t o r 1 0 1 . D u m o r t i e r P e t a l . A s b e s t o s E x p o s u r e d u r i n g C o n t r o l l e d R e m o v a l o f S p r a y e d o n A s b e s t o s ; A n n O c c u p H y g i e n e V o l 2 6 ( 1 ) , 2 0 1 2 1 0 2 . U n i t e d S t a t e s M a r i t i m e C o m m i s s i o n : M i n i m u m R e q u i r e m e n t s f o r S a f e t y i n I n d u s t r i a l H e a l t h i n C o n t r a c t S h i p y a r d s 1 0 3 . 1 9 4 3 M a r i t i m e C o m m i s s i o n H e l d a t T u l a n e M e d i c a l C e n t e r 1 0 4 . B h a r a t i S e t a l . M a l i g n a n t P l e u r a l a n d P e r i t o n e a l M e s o t h e l i o m a C o n s e q u e n t i a l T o B r i e f I n d i r e c t A s b e s t o s E x p o s u r e ; J o u r n a l o f C l i n i c a l I m a g i n g S c i e n c e ; V o l 4 ( 3 5 ) , 2 0 1 4 1 0 5 . B i t c h a t c h i E e t a l . M e s o t h e l i o m a a n d A s b e s t o s I s i n a Y o u n g W o m a n F o l l o w i n g O c c u p a t i o n a l A s b e s t o s E x p o s u r e : S h o r t L a t e n c y a n d L o n g S u r v i v a l : C a s e R e p o r t ; D i a g n o s t i c P a t h o l o g y 5 ( 8 1 ) : 1 - 4 , 2 0 1 0 1 0 6 . P i r a E e t a l . F i r s t a n d S u b s e q u e n t A s b e s t o s E x p o s u r e I n R e l a t i o n t o M e s o t h e l i o m a a n d L u n g C a n c e r M o r t a l i t y ; B r i t i s h J o u r n a l o f C a n c e r : 9 7 1 3 0 0 ¬ 1 3 0 4 , 2 0 0 7 1 0 7 . H a n s e n H e t a l . E n v i r o n m e n t a l E x p o s u r e t o C r o c i d o l i t e a n d M e s o t h e l i o m a ; A m L R e s p i r C r i t C a r e M e d ; 1 5 7 ( 6 9 ) : 6 9 - 7 5 1 0 8 . D o d s o n R e t a l . M e s o t h e l i o m a i n a n I n d i v i d u a l F o l l o w i n g E x p o s u r e t o C r o c i d o l i t e - c o n t a i n i n g G a s k e t s A s a T e e n a g e r ; J O c c u p E n v i r o n H e a l t h : 1 7 : 1 9 0 ¬ 1 9 4 1 0 9 . O c c u p a t i o n a l S a f e t y a n d H e a l t h A d m i n i s t r a t i o n . S a f e t y a n d H e a l t h T o p i c s , A s b e s t o s 1 1 0 . S k a m m e r i t z E e t a l . A s b e s t o s E x p o s u r e a n d S u r v i v a l i n M a l i g n a n t M e s o t h e l i o m a : A D e s c r i p t i o n o f 1 2 2 C o n s e c u t i v e C a s e s a t a n O c c u p a t i o n a l C l i n i c ; J O c c u p M e d : 2 ( 4 ) , 2 0 1 1 Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 14 of 28 1 1 1 . E x p o s u r e s t o C o m m e r c i a l A s b e s t o s a n d N o r t h E a s t e r n M i n n e s o t a I r o n M i n e r s W h o D e v e l o p e d M e s o t h e l i o m a , M i n n e s o t a D e p a r t m e n t o f H e a l t h , N o v e m b e r 2 5 , 2 0 0 3 1 1 2 . A s b e s t o s G e n e r a l I n f o r m a t i o n : H e a l t h P r o t e c t i o n A g e n c y : U K 1 1 3 . M a r s i l i D . I t a l y - L a t i n A m e r i c a n C o o p e r a t i o n : C o n t r i b u t i o n T o T r a i n i n g o n P r e v e n t i o n o f t h e A s b e s t o s - R e l a t e d D i s e a s e s : J a n . , 2 0 1 0 1 1 4 . L e v i n e t a l . M e d i c a l E x a m i n a t i o n f o r A s b e s t o s - R e l a t e d D i s e a s e s ; A m J I n d u s t r i a l M e d ; 3 7 ( 1 ) : 6 - 2 2 , 2 0 0 0 1 1 5 . F e l t o n J . T h e h e r i t a g e o f B e r n a d i n o R a m a z z i n i ; O c c o u p M e d ; 4 7 ( 3 ) : 1 6 7 - 1 7 9 , 1 9 9 7 1 1 6 . W a l s h - H e a l e y P u b l i c C o n t r a c t s A c t 1 9 4 2 1 1 7 . H e l s i n k i C r i t e r i a f o r D i a g n o s i s a n d A t t r i b u t i o n , 2 0 1 4 1 1 8 . U n i t e d S t a t e s D e p a r t m e n t o f L a b o r , M i n e S a f e t y a n d H e a l t h A d m i n i s t r a t i o n . A s b e s t o s E x p o s u r e L i m i t / O S H A F i n a l R u l e 7 3 ( 4 1 ) : 1 1 2 8 3 - 1 1 3 0 4 , F e b r u a r y 2 9 , 2 0 0 8 1 1 9 . S u l l i v a n P . V e r m i c u l i t e , R e s p i r a t o r y D i s e a s e A n d A s b e s t o s E x p o s u r e i n t h e L i b b y , M o n t a n a : U p d a t e o f a C o h o r t M o r t a l i t y S t u d y ; E n v i r o n H e a l t h p e r s p e c t i v e ' s ; 1 1 5 ( 4 ) : 5 7 9 - 5 8 5 , 2 0 0 7 1 2 0 . G r e e n b e r g M e t a l . M e s o t h e l i o m a R e g i s t e r 1 9 6 7 - 6 8 ; B r J I n d M e d ; 3 1 : 9 1 ¬ 1 0 4 , 1 9 7 4 1 2 1 . I n t e r n a t i o n a l A g e n c y f o r R e s e a r c h o n C a n c e r ( W o r l d H e a l t h O r g a n i z a t i o n ) A s b e s t o s , V o l u m e 1 4 , 1 9 7 7 1 2 2 . F a v o n i R e t a l . P r e - C l i n i c a l S t u d i e s I d e n t i f i e d a n d N o v e l T a r g e t e d P h a r m a c o l o g i c a l S t r a t e g i e s f o r T r e a t m e n t o f H u m a n M a l i g n a n t P l e u r a l M e s o t h e l i o m a ; B r J P h a r m o c o l o g y ; 1 6 6 : 5 3 2 - 5 5 3 , 2 0 1 2 1 2 3 . M c D o n a l d J C e t a l . 6 0 Y e a r s o n : T h e P r i c e o f A s s e m b l y M i l i t a r y G a s k e t s M a s k s i n 1 9 4 0 ; O c c u p E n v i r o n M e d ; 6 3 : 8 5 2 - 8 5 5 , 2 0 0 6 1 2 4 . D e l l L e t a l . M o r t a l i t y a m o n g W o r k e r s a t a P l a s t i c ' s M a n u f a c t u r i n g a n d R e s e a r c h a n d D e v e l o p m e n t F a c i l i t y : 1 9 4 6 - 1 9 8 8 ; A m J I n d M e d : 2 8 ( 3 ) : 3 7 3 - 3 8 4 , 1 9 9 5 1 2 5 . W a g n e r , J C e t a l . T h e E f f e c t s o f I n h a l a t i o n o f A s b e s t o s i n R a t s ; B r . J . C a n c e r : 2 9 : 2 5 2 - 2 6 3 , 1 9 7 3 Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 15 of 28 1 2 6 . G a r d n e r W C e t a l . F o l l o w - U p S t u d y o f W o r k e r s M a n u f a c t u r i n g C h r y s o t i l e A s b e s t o s C e m e n t P r o d u c t s ; B r J I n d M e d : 4 3 : 7 2 6 - 7 3 2 , 1 9 8 6 1 2 7 . B i a n c h i C e t a l . A s b e s t o s E x p o s u r e i n a S h i p y a r d A r e a , N o r t h e a s t e r n I t a l y ; I n d u s t r i a l H e a l t h : 3 8 : 3 0 1 - 3 0 8 , 2 0 0 0 1 2 8 . P e t o J e t a l . O c c u p a t i o n a l , D o m e s t i c a n d E n v i r o n m e n t a l M e s o t h e l i o m a R i s k s i n B r i t a i n : A C a s e C o n t r o l l e d S t u d y ; I n s t i t u t e o f C a n c e r R e s e a r c h a n d L o n d o n S c h o o l o f H y g i e n e a n d T r o p i c a l M e d i c i n e , 2 0 0 9 1 2 9 . M i l n e J e t a l . 3 2 C a s e s o f M e s o t h e l i o m a i n V i c t o r i a A u s t r a l i a : A R e t r o s p e c t i v e S u r v e y R e l a t e d t o O c c u p a t i o n a l A s b e s t o s E x p o s u r e ; B r J O c c u p M e d : 3 3 , 1 1 5 ¬ 1 2 2 , 1 9 7 6 1 3 0 . P i r a E e t a l . F i r s t a n d S u b s e q u e n t A s b e s t o s E x p o s u r e s i n R e l a t i o n t o M e s o t h e l i o m a a n d L u n g C a n c e r M o r t a l i t y ; B r i t J o f C a n c e r : 9 7 , 1 3 0 0 - 1 3 0 4 , 2 0 0 7 1 3 1 . N I O S H - O S H A A s b e s t o s W o r k G r o u p , Workplace Exposure to Asbestos, Review and Recommendations. 1 9 8 0 . Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 16 of 28 C u r r i c u l u m V i t a e S t e p h e n T e r r y K r a u s , R a d i a t i o n O n c o l o g y S e r v i c e s , L . L . C , 1 1 1 V e t e r a n s B l v d . S t e . 4 0 3 M e t a i r i e , L o u i s i a n a 7 0 0 0 5 P e r s o n a l D a t a D a t e o f B i r t h : M a y 1 7 , 1 9 4 4 P l a c e o f B i r t h : C i n c i n n a t i , O h i o S p o u s e : S a l l y G a d e n K r a u s C h i l d r e n : D o u g l a s a n d A m e l i a K r a u s H o m e A d d r e s s : 3 1 0 9 D e s o t o S t r e e t N e w O r l e a n s , L o u i s i a n a 7 0 1 1 9 ( 5 0 4 ) 7 1 7 - 3 2 3 7 Tc r r v k r a u s m d ''(i.fim a i l . c o m 1 9 7 1 - 1 9 7 3 M i l i t a r y S e r v i c e : U n i t e d S t a t e s N a v y R a n k : L i e u t e n a n t , H o n o r a b l e D i s c h a r g e L i c e n s e s H e l d 1 9 7 6 - A c t i v e B o a r d C e r t i f i c a t i o n : A m e r i c a n B o a r d o f R a d i o l o g y T h e r a p e u t i c R a d i o l o g y L o u i s i a n a # M D . 0 5 3 4 4 7 4 ( 1 9 8 2 - p r e s e n t ) G e o r g i a # 0 5 3 4 4 7 4 ( 2 0 0 3 - p r e s e n t ) E d u c a t i o n 1 9 7 3 - 1 9 7 6 R e s i d e n c y S h a n d s T e a c h i n g H o s p i t a l D e p a r t m e n t o f R a d i a t i o n O n c o l o g y 1 6 0 0 S W A r c h e r R o a d G a i n e s v i l l e , F L . 4 5 2 1 9 1 9 7 0 - 1 9 7 1 I n t e r n s h i p T h e C h r i s t H o s p i t a l 2 3 1 9 A u b u r n A v e . Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 17 of 28 C i n c m n a t i , O h i o 4 5 2 1 9 1 9 6 6 - 1 9 7 0 M e d i c a l S c h o o l D o c t o r o f M e d i c i n e U n i v e r s i t y o f C i n c i n n a t i 2 6 0 0 C l i f t o n A v e . C i n c i n n a t i , O h i o A p p o i n t m e n t s / A c a d e m i c E x p e r i e n c e 2 0 1 0 - J a n . 2 0 1 4 M e d i c a l D i r e c t o r , R e t i r e d F e b r u a r y 1 4 , 2 0 1 5 D e p t . R a d i a t i o n O n c o l o g y T u l a n e C a n c e r C e n t e r J a n . 2 0 1 4 - A p r i l 2 0 1 4 R e t k e d A p r . 2 0 1 4 - N o v . 2 0 1 5 S t a f f P h y s i c i a n D e p t . I ^ d i a t i o n O n c o l o g y T u l a n e C a n c e r C e n t e r 2 0 1 1 - 2 0 1 5 C o n s u l t i n g S t a f f P h y s i c i a n L S U H e a l t h S y s t e m , N e w O r l e a n s , L a . 2 0 0 8 - 2 0 0 9 C o n s u l t i n g S t a f f P h y s i c i a n C o l q u i t t R e g i o n a l H o s p i t a l , M o u l t r i e , G a . 2 0 0 7 - 2 0 0 9 C o n s u l t i n g S t a f f P h y s i c i a n C r i s p R e g i o n a l H o s p i t a l , C o r d e l e , G a . 2 0 0 3 - 2 0 1 0 S t a f f P h y s i c i a n , D e p a r t m e n t o f R a d i a t i o n O n c o l o g y P h o e b e P u t n e y M e m o r i a l H o s p i t a l , A l b a n y , G a . 2 0 0 3 - 2 0 0 9 S t a f f P h y s i c i a n H C A P a l m y r a H o s p h a l , A l b a n y , G a . 1 9 9 2 - 2 0 0 3 C o n s u l t i n g S t a f f P h y s i c i a n S t . C h a r l e s H o s p i t a l , L u l i n g , L a . 1 9 9 0 - 2 0 0 3 C o n s u l t i n g S t a f f P h y s i c i a n T h i b o d e a u x R e g i o n a l M e d i c a l C e n t e r , T h i b o d e a u x , L a . 1 9 S 2 - 2 0 0 3 S t a f f P h y s i c i a n W e s t J e f f e r s o n M e d i c a l C e n t e r M e d i c a l D i r e c t o r , D e p a r t m e n t R a d i a t i o n O n c o l o g y , M a r r e r o , L a . Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 18 of 28 1 9 7 5 - 1 9 8 2 S t a C f P h y s i c i a n D i v i n e P r o v i d e n c e H o s p i t a l , W i l l i a m s p o r t , P a . M e d i c a l D i r e c t o r , C a n c e r T r e a t m e n t C e n t e r 2 0 1 2 - 2 0 1 5 S u b - i n v e s t i g a t o r : A l g e t a : A S t u d y o f A l p h a r a d i n i n C a s t r a t i o n - R e s i s t a n t ( H o r m o n e R e f r a c t o r y ) P r o s t a t e C a n c e r P a t i e n t s w i t h B o n e M e t a s t a s i s P r o t o c o l # B a y 8 8 - 8 0 2 2 2 / 1 5 9 9 5 2 0 1 2 - 2 0 1 5 S u b - I n v e s t i g a t o r : A i g e t a : A S t u d y i n A l p h a r a d i n i n M e n w i t h B o n e M e t a s t a s i s from P r o s t a t e C a n c e r . P r o t o c o l # B a y 0 9 - 0 0 2 9 5 A p r i l 2 0 1 4 - 2 0 1 5 S u b - i n v e s t i g a t o r : A R e t r e a t m e n t S a f e t y S t u d y o f R a d i u m 2 2 3 D i c h l o r i d e i n S u b j e c t ' s w i t h C a s t r a t i o n - R e s i s t a n t P r o s t a t e C a n c e r w i t l i B o n e M e t a s t a s i s W h o R e c e i v e d a n I n i t i a l C o u r s e o f 6 D o s e s o f R a d i u m 2 2 3 D i c h l o r i d e 5 0 K B q / K E v e r y 4 W e e k s . P r o t o c o l # B a y 1 6 5 0 5 A p r i l 2 0 1 4 - 2 0 1 5 S u b - i n v e s t i g a t o r : A R a n d o m i z e d O p e n - L a b e l P h a s e I l a S t u d y E v a l u a t i n g t h e E f f i c a c y a n d S a f e t y o f R a d i u m 2 2 3 D i c h l o r i d e i n S u b j e c t s w i t h C a s t r a t i o n - R e s i s t a n t P r o s t a t e C a n c e r w i t l i B o n e M e t a s t a s i s W h o R e c e i v e d a n I n i t i a l C o u r s e o f 6 D o s e s o f R a d i u m - 2 2 3 D i c h l o r i d e 5 0 K B q / K i l o g r a m E v e r y 4 W e e k s . P r o t o c o l # B a y 1 6 5 0 6 A p r i l 2 0 1 4 - 2 0 1 5 S u b - I n v e s t i g a t o r : A P h a s e 3 R a n d o m i z e d , D o u b l e - B l i n d , P l a c e b o C o n t r o l l e d T r i a l o f R a d i u m 2 2 3 D i c h l o r i d e i n C o m b i n a t i o n w i t l i A b i r a t e r o n e A c e t a t e a n d P r e d n i s o n e / P r e d n i s o l o n e i n t h e T r e a t m e n t o f A s y m p t o m a t i c o r M i l d l y S y m p t o m a t i c C h e m o t h e r a p y - N a i v e S u b j e c t s w i t h B o n e P r e d o m i n a t e M e t a s t a t i c C a s t r a t i o n - R e s i s t a n t P r o s t a t e C a n c e r ( C R P C ) P r o t o c o l # B a y 1 5 3 9 5 Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 19 of 28 A p r i l 2 0 1 4 - 2 0 1 5 P a r t i c i p a n t : A P l i a s e 3 T r i a l o f A c c e l e r a t e d W h o l e B r e a s t R a d i a t i o n w i t h H y p o - F r a c t i o n a t i o n p l u s C o n t r a s t C u r r e n t B o o s t v e r s u s S t a n d a r d W h o l e B r e a s t R a d i a t i o n P l u s S e q u e n t i a l B o o s t f o r E a r i y S t a g e B r e a s t C a n c e r . R T O G 1 0 0 5 A p r i l 2 0 1 4 - 2 0 1 5 P a r t i c i p a n t : A R a n d o m i z e d P h a s e 3 T r i a l o f C i s p l a t i n a n d T u m o r V o l u m e D i r e c t e d V o l u m e D i r e c t e d R a d i a t i o n F o l l o w e d b y C a r b o p l a t i n a n d P a c i i t a x e l V e r s u s C a r b o p i a t i n a n d P a c i i t a x e l f o r O p t i m a l l y D e b u l k e d , A d v a n c e d E n d o m e t r i a l C a r c i n o m a , G O G 0 2 5 8 A p r i l 2 0 1 4 - 2 0 1 5 P a r t i c i p a n t : A P h a s e 3 T r i a l o f A d j u v a n t C h e m o t h e r a p y F o l l o w m g C h e m o r a d i a t i o n A s P r i m m y T r e a t m e n t f o r L o c a l l y A d v a n c e d C e r v i c a l C a n c e r C o m p a r e d t o C h e r a o r a d i a t i o n A l o n e . G O G 0 2 7 4 A p r i l 2 0 1 4 - 2 0 1 5 ' P a r t i c i p a n t : A P h a s e 3 C l i n i c a l T r i a l C o m p a r i n g T r a s t u z u m a b G i v e n , C u r r e n t l y w i t h R a d i a t i o n T h e r a p y a n d R a d i a t i o n T h e r a p y A l o n e f o r W o m e n w i t h H e r 2 P o s i t i v e D u c t a l C a r c i n o m a h i S i t u R e s e c t e d b y L u m p e c t o m y . N S A B P B - 4 3 A p r i l 2 0 1 4 - 2 0 1 5 P a r t i c i p a n t : A P h a s e 3 T r i a l E v a l u a t i n g B o U i L o c k e d - I n A b d o m e n a n d C h e m o r a d i a t i o n a s A d j u v a n t T r e a t m e n t f o r P a t i e n t s w i t h R e s e c t e d H e a d o f P a n c r e a s A d e n o c a r c i n o m a . R T O G 0 8 4 S A p r i l 2 0 1 4 - 2 0 1 5 P a r t i c i p a n t : A P h a s e 3 S t u d y o f P o s t o p e r a t i v e R a d i a t i o n T h e r a p y ( I M R T ) + / - C c t u x i m a b f o r L o c a l l y - A d v a n c e d R e s e c t e d H e a d a n d N e c k C a n c e r . R T O G 0 9 2 0 A p r i l 2 0 0 1 4 - P 2 0 1 5 P a r t i c i p a n t : A P h a s e 3 C o m p a r i s o n o f T h o r a c i c R a d i o t h e r a p y R e g i m e n s i n P a t i e n t s w i t h L i m h e d S m a l l C e l l L u n g C a n c e r A l s o R e c e i v i n g C i s p l a t i n a n d E t o p o s i d e . C A L G B 3 0 6 1 0 / R T O G 0 5 3 8 2 0 1 0 - 2 0 1 5 P a r t i c i p a n t : R a n d o m i z e d P h a s e I I S t u d y C o m p a r i n g P r o p h y l a c t i c C r a n i a l I r r a d i a t i o n A l o n e t o P r o p h y l a c t i c C r a n i a l I r r a d i a t i o n a n d C o n s o l i d a t i v e E x t r a c r a n i a l I r r a d i a t i o n f o r E x t e n s i v e D i s e a s e S m a l l C e l l L u n g C a n c e r . R T O G 0 9 3 7 2 0 1 0 - 2 0 1 5 P a r t i c i p a n t : A P h a s e 3 T r i a l o f S h o r t - T e r m A n d r o g e n D e p r i v a t i o n w i t h P e l v i c N o d e o r P r o s t a t e B e d O n l y R a d i a t i o n ( S P P O R T ) a n d P r o s t a t e C a n c e r P a t i e n t s w i t h a R i s i n g P S A a f t e r R a d i c a l P r o s t a t e c t o m y . R T O G 0 5 3 4 Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 20 of 28 M e m b e r s h i p s 2 0 1 2 - P r e s e n t 2 0 1 0 - P r e s e n t 2 0 n ~ P r e s e n t 2 0 1 1 - 2 0 1 3 2 0 1 0 - P r e s e n t C o n f e r e n c e 2 0 1 0 - 2 0 1 4 2 0 1 0 - P r e s e n t 2 0 1 0 - p r e s e n t 2 0 1 1 - P r e s e n t 2 0 1 4 - P r e s c n t 2 0 1 4 - P r e s e n t E x e c u t i v e L e a d e r s h i p C o u n c i l o f t h e A m e r i c a n C a n c e r S o c i e t y I n v e s t i g a t o r v i a G r o u p M e m b e r s h i p , T u l a n e O f f i c e o f C l i n i c a l R e s e a r c h S t u d i e s N a t i o n a l C a n c e r I n s t i t u t e , P a r t i c i p a n t o f C l i n i c a l R e s e a r c h S t u d i e s N a t i o n a l A d j u v a n t B r e a s t a n d B o w e l P r o j e c t ( K A S B P ) R a d i a t i o n T h e r a p y O n c o l o g y G r o u p ( R T O G ) G y n e c o l o g y O n c o l o g y G r o u p ( G O G ) S o u t h w e s t e r n O n c o l o g y G r o u p ( S W O G ) G r e a t e r N e w O r i e a n s C o a l i t i o n o n C a n c e r H e a l t h C a r e D i s p a r i t i e s T u l a n e C a n c e r C e n t e r S t r a t e g i c A d v i s o r y C o m m i t t e e C o - m o d e r a t o r / p a r t i c i p a n t : T u l a n e H e a d a n d N e c k C a n c e r D i s p o s i t i o n C o - m o d e r a t o r / p a r t i c i p a n t : T u l a n e C a n c e r C o n f e r e n c e P a r t i c i p a n t : V e t e r a n s A d m i n i s t r a t i o n H o s p i t a l o f N e w O r i e a n s C a n c e r C o n f e r e n c e P a r t i c i p a n t : B r e a s t C a n c e r C o n f e r e n c e , T u l a n e C a n c e r C e n t e r P a r t i c i p a n t : L u n g C a n c e r C o n f e r e n c e , T u l a n e C a n c e r C e n t e r P a r t i c i p a n t : G l / P a n c r e a s C a n c e r C o n f e r e n c e , T u l a n e C a n c e r C e n t e r P a r t i c i p a n t : U r o l o g y C a n c e r C o n f e r e n c e , T u l a n e C a n c e r C e n t e r Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 21 of 28 2 0 1 4 - P r e s e n t P a r t i c i p a n t : T h y r o i d C a n c e r C o n f e r e n c e / E n d o c r i n e C o n f e r e n c e , T x i l a n e C a n c e r C e n t e r 2 0 0 4 - 2 0 0 9 M e m b e r : E x e c u t i v e L e a d e r s h i p C o u n c i l i n S o u t h w e s t G e o r g i a 1 9 9 0 - 2 0 0 2 M e m b e r : G r e a t e r N e w O r l e a n s E m e r g e n c y P r e p a r e d n e s s a n d A n t i - T e r r o r i s m C o m m i t t e e 1 9 8 0 - 1 9 8 2 F o u n d e r a n d B o a r d o f D h e c t o r o f t h e P S R O W l l l i a m s p o r t , P a . 1 9 7 8 - P r e s e n t M e m b e r : A m e r i c a n S o c i e t y o f C l i n i c a l O n c o l o g y 1 9 7 8 - 1 9 8 2 B o a r d o f D h e c t o r s , L y c o m i n g C o u n t y M e d i c a l S o c i e t y , W i l l i a m s p o r t , P a . 1 9 8 2 - 2 0 0 2 M e m b e r : M a s t e r P l a n n i n g S t e e r i n g C o m m i t t e e W e s t J e f f e r s o n M e d i c a l C e n t e r 1 9 7 6 - P r e s e n t M e m b e r ; A m e r i c a n S o c i e t y o f R a d i a t i o n O n c o l o g y I n v i t e d A p p o i n t m e n t s / H o n o r s 2 0 1 3 H o n o r e e , N e w O r l e a n s H o p e B a l l 2 0 1 3 L e c t u r e t o P u b l i c , " T h e R o l e o f R a d i a t i o n T h e r a p y i n t h e M a n a g e m e n t o f P r o s t a t e C a n c e r " 2 0 1 2 D e v e l o p m e n t o f P h y s i c i a n C o u n c i l f o r A m e r i c a n C a n c e r S o c i e t y 2 0 1 1 - 2 0 1 4 Q u a l i t y C o n t r o l C o o r d i n a t o r f o r T u l a n e C a n c e r R e g i s t r y 2 0 1 0 P l o n o r e e , P h y s i c i a n o f t l i e Y e a r A l b a n y , G a . 2 0 1 0 H o n o r e e , C i v i l R i g h t s M o v e n i e n t f o r V o t e r R e g i s t r a t i o n 2 0 0 9 H o n o r e e , G e o r g i a C a n c e r C o a l i t i o n f o r " D e d i c a t i o n a n d C o m m i t m e n t t o C o m m u n i t y H e a l t h " 2 0 0 4 - 2 0 0 9 M o d e r a t o r : T u m o r B o a r d P h o e b e P u t n e y M e m o r i a l H o s p i t a l , A l b a n y , G A 2 0 0 3 - 2 0 0 9 C h a i r m a n : C a n c e r C o m m i t t e e P h o e b e P u U i e y M e m o r i a l H o s p i t a l , A l b a n y , G A 1 9 7 8 - 2 0 0 9 C h a i r m a n : E t h i c s C o m m i t t e e , W e s t J e f f e r s o n M e d i c a l C e n t e r , M a r r e r o , L A 1 9 7 8 - 2 0 0 3 M o d e r a t o r : T u m o r B o a r d , W e s t J e f f e r s o n M e d i c a l C e n t e r , M a r r e r o , L A Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 22 of 28 L e c t u r e r / T e a c h i n g 2 0 1 2 - 2 0 1 3 L S U C o l l e g e o f M e d i c i n e : " C a n c e r C e l l D e a t h : T h e S t r a t e g i e s o f T r e a t m e n t w i t h S u r g e r y , C h e m o t h e r a p y a n d R a d i a t i o n . " P r e s e n t a t i o n t o f i r s t a n d s e c o n d y e a r s t u d e n t s . 2 0 1 1 - 2 0 1 4 L S U C o l l e g e o f M e d i c i n e : P r e s e n t a t i o n s i n r a d i o b i o l o g > ' a n d p e r t i n e n t m e d i c a l r a d i a t i o n o n c o l o g y U t e r a t u r e f o r b o a r d p r e p a r a t i o n t o G y n e c o l o g y r e s i d e n t s a n d f e l l o w s i n M e d i c a l O n c o l o g y . 2 0 1 0 - P r e s e n t T u l a n e C o l l e g e o f M e d i c i n e : P r e s e n t a t i o n s i n r a d i o b i o l o g y a n d p e r t i n e n t r a d i a t i o n o n c o l o g y l i t e r a t u r e f o r b o a r d p r e p a r a t i o n t o E N T r e s i d e n t s . 2 0 1 0 - P r e s e n t T u l a n e C o l l e g e o f M e d i c i n e : P r e s e n t a t i o n s i n r a d i o b i o l o g y a n d p e r t i n e n t r a d i a t i o n o n c o l o g y l i t e r a t u r e f o r b o a r d p r e p a r a t i o n t o M e d i c a l O n c o l o g y F e l l o w s . 2 0 1 0 - P r e s e n t T u l a n e C o l l e g e o f M e d i c i n e : R a d i o l o g y r e s i d e n t e l e c t i v e s i n t h e D e p a r t m e n t o f R a d i a t i o n O n c o l o g y . 2 0 1 0 - P r e s e n t T u l a n e C o l l e g e o f M e d i c i n e : S t u d e n t e l e c t i v e s i n t h e D e p a r t m e n t o f R a d i a t i o n O n c o l o g y . 2 0 1 0 - P r e s e n t T u l a n e C o l l e g e o f M e d i c i n e : L e c t u r e t o m e d i c a l s t u d e n t s r e g a r d i n g radiation o n c o l o g y a s a c a r e e r . 2 0 1 0 - P r e s e n t T u l a n e C o l l e g e o f M e d i c i n e : L e c t u r e t o M e d i c a l S t u d e n t s o n " W h a t t o D o a n d W h a t N o t t o D o W h e n I n t e r v i e w i n g f o r R e s i d e n c y o r H o w t o L o o k S m a r t e r t h a n Y o u A c t u a l l y A r e " . P r e s e n t a t i o n s 2 0 1 2 C o x C o n n e c t i o n s f o r t h e A m e r i c a n C a n c e r S o c i e t y a n d r e s e a r c h p r o t o c o l s : " A 3 0 Y e a r F o l l o w - U p o f P a r t i c i p a n t s t o D e t e m i i n e H i g h R i s k G r o u p S p i n e G e n e t i c s a n d F a m i l y P r e d i s p o s i t i o n s " 2 0 1 2 G r e a t e r S t . S t e p h e n s F u l l G o s p e l B a p t i s t C h u r c h : " P h y s i c a l H e a l t h G o e s H a n d - i n - h a n d w i t h S p i r i t u a l H e a l t h " 2 1 0 2 G r e a t e r S t , S t e p h e n s F u l l G o s p e l B a p t i s t C h u r c h : " S t . L u k e a n d t h e G o o d S a m a r i t a n : M a m m o g r a m s a n d P S A ' s : P a r t o f G o d ' s P a t h i s y o u r h e a l t h . D o n ' t J u s t P a s s I t B y " 2 0 1 1 P r e s e n t a t i o n t o P r o s t a t e C a n c e r , N e t : T r e a t m e n t o f M e t a s t a s e s i n C a n c e r o f t h e P r o s t a t e " Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 23 of 28 2 0 1 1 P r e s e n t a t i o n t o t h e C h u r c h o f L i g h t : " Y o u r B o d y I s Y o u r T e m p l e , T a k e C a r e o f I t " 2 0 1 1 S p e a k e r , N A A C P H e a l t h C a r e S u m m i t " L e t i t R i s e " P u b l i c a t i o n s K e i l y A G , R o s a s - U r i b e , K r a u s S T . O r b i t a l l y m p h o m a s a n d p s e u d o l y m p h o m a s : a c l i n i c o p a t l i o l o g i c s t u d y o f e l e v e n c a s e s . A m J C l i n P a t h o l . 1 9 7 7 S e p : 6 8 ( 3 ) : 3 7 7 - 8 6 B o u r g e o i s I I I , D J , K r a u s S , M a a l o a f B N , S a r t o r O . R a d i a t i o n f o r B o n e M e t a s t a s e s . C u r r e n t O p i n i o n i n S u p p o r t i v e C a r e a n d P a l l i a t i v e C a r e . 2 0 1 1 ; 5 : 2 2 7 - 2 3 2 Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 24 of 28 S t e p h e n T . K r a u s , M . D , C a s e L i s t 1 ) O l i v i a B a i l e y , e t a l . v . E x x o n M o b i l e t a l . , 2 4 t h J u d i c i a l D i s t r i c t C o u r t f o r t h e P a r i s h o f J e f f e r s o n , S t a t e o f L o u i s i a n a 2 ) M e l v i n D . B e n o i t e t a l . v . I n t e r c o a s t a l T u b u l a r S e r v i c e s , e t a l . . C i v i l D i s t r i c t C o u r t f o r t h e P a r i s h o f O r l e a n s , S t a t e o f L o u i s i a n a , D i v i s i o n B , # 1 0 9 4 3 ) R u d y W a l k e r a n d J o a n W a l k e r v . A v o n d a i e I n d u s t r i e s , I n c . , C i v i l D i s t r i c t C o u r t f o r t h e P a r i s h o f O r l e a n s , S t a t e o f ' L o u i s i a n a , D i v i s i o n B , # 2 0 0 3 - 3 3 8 4 4 ) S h e r r y W a t e r s v . D e p t . o f S o c i a l S e r v i c e s , e t a l . . C i v i l D i s t r i c t C o u r t f o r t h e P a r i s h o f O r l e a n s , S t a t e o f L o u i s i a n a , D i v i s i o n J , # 0 1 - 1 7 7 7 5 5 ) M a u r i c e J o s e p h B e c n e l v . A m e r i c a n M o t o r s I n s u r a n c e , C i v i l D i s t r i c t C o u r t f o r t h e P a r i s h o f O r l e a n s , S t a t e o f L o u i s i a n a , D i v i s i o n F , # 2 0 1 2 - 6 8 4 6 6 ) L o g a n L e f o r t v . A m e r i c a n M o t o r s I n s u r a n c e , C i v i l D i s t r i c t C o u r t f o r t h e P a r i s h o f O r i e a n s , S t a t e o f L o u i s i a n a , D i v i s i o n M , # 2 0 1 2 - 7 5 1 6 7 ) R u d o l p h N u n e z v . O n e B e a c o n A m e r i c a n I n s u r a n c e C o m p a n y , e t a ! . . C i v i l D i s t r i c t C o u r t f o r t h e P a r i s h o f O r l e a n s , S t a t e o f L o u i s i a n a , D i v i s i o n Q # 2 0 1 3 - 5 1 0 9 8 ) C l e m c y A . L e g e n d r e v . T r a v e l e r s I n d e m n i t y C o . , e t a ! . . C i v i l D i s t r i c t C o u r t f o r t h e P a r i s h o f O r i e a n s , S t a t e o f L o u i s i a n a , D i v i s i o n [ , # 2 0 1 3 - 4 2 4 5 Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 25 of 28 9 ) J a c q u e l i n e C a r r o n L o w e v . M a r a t h o n O i l C o . , e t a l . . C i v i l D i s t r i c t C o u r t f o r t h e P a r i s h o f O r l e a n s , S t a t e o f L o u i s i a n a , D i v i s i o n M , # 2 0 1 2 - 0 5 7 3 0 1 0 ) R o y T r e p a g n i e r v . O n e B e a c o n A m e r i c a n I n s u r a n c e C o . , e t a L , P a r i s h o f O r l e a n s , S t a t e o f L o u i s i a n a , D i v i s i o n G , # 2 0 1 3 - 4 3 4 4 1 1 ) K a r e n K a l t e n b a c h U s r y , W i d o v ^ o f T i m o t h y I v a n U s r y V . B a h a T o w e r s L i m i t e d P a r t n e r s h i p I n C o m m e n d a m , E t A l . C i v i l D i s t r i c t C o u r t f o r t h e P a r i s h o f O r l e a n s , S t a t e o f L o u i s i a n a , D i v i s i o n D , # 2 0 0 6 - 0 0 8 5 9 1 2 ) I V I i c h a e l J . C o m a r d e l l e v s . P e n n s y l v a n i a G e n e r a l I n s u r a n c e C o m p a n y , E t A L U n i t e d S t a t e s D i s t r i c t C o u r t E a s t e r n D i s t r i c t o f L o u i s i a n a , S e c t i o n " i " ( 5 ) . C i v i l A c t i o n N o . 2 : 1 3 - C V - 0 6 5 5 1 3 ) B e a t r i c e P o l l o c k D a m o n d a n d L e s l i e D e a n S a m v e r s u s N o r t h r u p G r u m a n S h i p b u i l d i n g , i n c . a n d K a s s B r o s . , I n c . C i v i l D i s t r i c t C o u r t f o r t h e P a r i s h o f N e w O r l e a n s , S t a t e o f L o u s i a n a , D i v i s i o n A , # 1 0 - 7 7 9 1 1 4 ) M a r y J a n e W i l d e v s . H u n t i n g t o n i n g a l l s I n c o r p o r a t e d , E t A l . C i v i l D i s t r i c t C o u r t f o r t h e P a r i s h o f N e w O r l e a n s , S t a t e o f L o u i s i a n a , S e c t i o n " 8 ' ' , D i v i s i o q i / \ ! , # 2 0 1 4 - 6 4 8 5 1 5 ) J e r r y L . R o d r i g u e v s . T o d d S h i p y a r d s C o r p o r a t i o n , e t a l . C i v i l D i s t r i c t C o u r t f o r t h e P a r i s h o f N e w O r l e a n s , S t a t e o f L o u i s i a n a , D i v i s i o n L , # 1 4 - 5 8 7 5 1 6 ) J o h n C a l v i n H u m p h r i e s v s . O n e b e a c o n I n s u r a n c e C o m p a n y , e t a l . U n i t e d S t a t e s D i s t r i c t C o u r t , E a s t e r n D i s t r i c t o f L o u i s i a n a , D i v i s i o n 1 , C i v i l A c t i o n # 2 : 1 3 - C V - 0 5 4 2 6 Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 26 of 28 1 7 ) S a l l y G r o s V e d r o S ; e t a l . v e r s u s N o r t h r o p G r u m m a n S h i p b u i l d i n g , I n c . e t a i . U n i t e d S t a t e s D i s t r i c t C o u r t , E a s t e r n D i s t r i c t o f L o u i s i a n a , C i v i l A c t i a n # 2 : 1 1 - C V - 0 1 1 9 8 1 8 } A g n e s R i c h a r d L a n d r y , e t a l . v e r s u s C o l u m b i a C a s u a l t y C o m p a n y e t a l . U n i t e d S t a t e s D i s t r i c t C o u r t , E a s t e r n D i s t r i c t o f L o u i s i a n a , S e c t i o n H , C i v i l A c t i o n # 2 : 1 4 - C V - 0 0 2 2 0 1 9 ) J o s e p h B . S a v o i e , J r . v e r s u s P e n n s y l v a n i a G e n e r a l I n s u r a n c e C o m p a n y , e t a L C i v i l D i s t r i c t C o u r t f o r t h e P a r i s h o f New O r l e a n s , S t a t e o f L o u i s i a n a , D i v i s i o n G / 1 1 , # 2 0 1 4 - 0 S 2 S 5 Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 27 of 28 s t a t e m e n t o f C o m p e n s a t i o n f o r S t e p h e n T . K r a u s , I V I . D . H o u r l y r a t e o f c o m p e n s a t i o n f o r e x p e r t w i t n e s s t e s t i m o n y : $ 7 5 0 p e r h o u r . Case 2:15-cv-06394-LMA-DEK Document 229-7 Filed 08/17/16 Page 28 of 28 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA WILLIAM C. BELL NO: 2:15-cv-06394 SECTION: "I" VERSUS FOSTER WHEELER ENERGY JUDGE LANCE AFRICK CORP, ET AL MAGISTRATE DANIEL KNOWLES The deposition of STEPHEN TERRY KRAUS, M.D., taken in the offices of Deutsch Kerrigan,LLP 755 Magazine Street, New Orleans, Louisiana, 70130, on the 6th day of July 2016. REPORTED BY: HOLLY E. BERGERON, CCR WILLIAMS & JANKOWSKI, LLC P.O. BOX 5129 ABITA SPRINGS, LOUISIANA 70420 (985) 892-2701 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 1 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 2 1 APPEARANCES: 2 3 ROUSSEL & CLEMENT 4 (By: Gerolyn P. Roussel, Esq. & 5 Jonathan B. Clement, Esq.) 6 1550 West Causeway Approach 7 Mandeville, Louisiana 70471 8 FOR THE PLAINTIFF 9 10 DEUTSCH KERRIGAN, LLP 11 (By: Jennifer E. Adams, Esq.) 12 755 Magazine Street 13 New Orleans, Louisiana 70130 14 FOR: AURORA PUMP CO., ATWOOD & MORRILL & 15 CAMERON INTERNATIONAL 16 17 K & L GATES, LLP 18 (By: Michael J. Sechler, Esq.)(Via Telephone) 19 210 Sixth Avenue 20 Pittsburgh, PA 15222-2613 21 FOR: CRANE COMPANY 22 23 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 2 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 3 1 MORGAN, LEWIS & BOCKIUS, LLP 2 (By: Lauren A. McCulloch, Esq.)(Via Telephone) 3 1000 Louisiana Street, Suite 4000 4 Houston, TX 77002-5005 5 FOR: GOULDS PUMPS, LLC 6 7 8 TYNER, EATON & FULCE 9 (By: Thomas W. Tyner, Esq.) 10 P.O. Box 1646 11 Hattiesburg, MS 39403 12 FOR: YORK INTERNATIONAL CORPORATION 13 14 15 KUCHLER POLK SCHELL WEINER & RICHESON 16 (By: Joseph H. Hart, IV, Esq.) 17 1615 Poydras Street, Suite 1300 18 New Orleans, Louisiana 70112 19 FOR: WARREN PUMPS COMPANY, INC. 20 21 22 23 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 3 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 4 1 HUBBARD MITCHELL WILLIAMS & STRAIN 2 (By: Richard D. Mitchell, Esq.) 3 1062 Highland Colony Parkway 4 Suite 222 5 Ridgeland, MS 39157 6 FOR AIR & LIQUID SYSTEMS CORP. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 4 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 5 1 I N D E X 2 3 EXAMINATION BY: PAGE 4 Ms. Adams 7 5 Mr. Hart 54 6 Mr. Mitchell 84 7 Mr. Tyner 104 8 Mr. Clement 118 9 10 11 12 13 14 15 EXHIBITS PAGE 16 Exhibit 1 7 17 Exhibit 2 8 18 Exhibit 3 9 19 Exhibit 4 36 20 Exhibit 5 40 21 Exhibit 6 40 22 Exhibit 7 46 23 Exhibit 8 132 24 Exhibit 9 138 25 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 5 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 6 1 S T I P U L A T I O N 2 It is stipulated and agreed by and 3 between all parties that this deposition is 4 hereby being taken pursuant to the 5 Federal Rules of Civil Procedure. 6 All formalities including those of 7 signing, sealing, certification, and filing 8 are waived. 9 All objections except those as to the 10 form of the question and the responsiveness of 11 the answer are reserved until the deposition 12 is used or sought to be used in evidence. 13 * * * * 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 6 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 7 1 DOCTOR STEPHEN TERRY KRAUS, after 2 being first duly sworn, testified as follows: 3 EXAMINATION BY MS. ADAMS: 4 Q. Doctor Kraus, good afternoon. My 5 name is Jennifer Adams. How are you doing? 6 A. Good. How are you. 7 Q. I'm fine, thanks. You hear me 8 okay? 9 A. Yes. Can you hear me? 10 Q. Yes, I can. Thank you. Can 11 everybody on the phone hear Doctor Kraus? 12 COUNSEL ON THE PHONE: 13 Yes. 14 EXAMINATION BY MS. ADAMS: 15 Q. Okay. Great. Though I have 16 attended some of your depositions before, I've 17 never had the pleasure of actually taking your 18 deposition. I have -- I don't have a copy of 19 Notice; but, when I get a more clean copy, I'm 20 going to attach that as Exhibit 1. You have 21 a -- thank you. Okay. That will be 22 Exhibit 1, Notice of Deposition. 23 I was provided with some materials. 24 Is this a current copy of your C.V.? 25 MR. HART: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 7 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 8 1 Stipulations. 2 MS. ADAMS: 3 The usual stipulations? 4 MS. ROUSSEL: 5 Yes. And, just for the record, all 6 objections are reserved except as to form and 7 responsiveness. And objection by one 8 defendant is good as to all unless you opt 9 out. 10 MS. ADAMS: 11 Okay. Thanks. 12 THE WITNESS: 13 Yes. 14 EXAMINATION BY MS. ADAMS: 15 Q. Okay. Thank you. And that's going 16 to be Exhibit 2. And I was provided with 17 something that is titled, "Stephen T. Kraus, 18 M.D. Case List." 19 A. Uh-huh. Yes. 20 Q. Are you familiar -- you prepared 21 this document for the Roussel firm to provide 22 to us; or, did you prepare it for yourself to 23 provide to us? 24 A. Yeah. There is one case that's not 25 on here, Number 20, and I will make sure you Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 8 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 9 1 get it. 2 Q. Okay. What is that? 3 A. It was -- I was a treating 4 physician on a malpractice case -- not with 5 me. I was treating physician, expert witness, 6 testifying for the -- for the plaintiff. 7 Q. Was it an asbestos-related case? 8 A. No. No. 9 Q. Okay. Do you remember the name of 10 the case? 11 A. I'll get it for you. 12 Q. Okay. Was that -- thank you, sir. 13 That's going to be Exhibit 3. I may ask you 14 some questions about Exhibit 3. The 15 particular case Number 20 that you are 16 referencing, was that trial testimony or 17 deposition testimony or both? 18 A. Both. 19 Q. Both. Okay. Was it in Orleans 20 Parish Civil District Court? 21 A. It was in Jefferson Parish. 22 Q. Okay. Do you recall when you 23 testified at trial? 24 A. I think it was a week or two ago. I 25 can look up on my phone. If you'd like, I can Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 9 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 10 1 give you -- 2 Q. When we take a break, why don't we 3 do that. Thank you. I will make a reminder 4 to ask you at a break. 5 A. The patient's name, I'm sorry, was 6 Hubert Carter. I wanted to get the right 7 name. H-U-B-E-R-T, Carter, C-A-R-T-E-R. 8 Q. And you were his treating radiation 9 oncologist? 10 A. When he -- he came to see me when I 11 was at Tulane. He was referred by a family 12 member who I had treated. 13 Q. What type of cancer did he have? 14 A. As I recall, it was a far advanced 15 lung cancer. 16 Q. Okay. And you were called as his 17 treating physician or you were called as an 18 expert? 19 A. Both; but, as an expert. 20 Q. Okay. In the field of Radiation 21 Oncology? 22 A. Correct. Radiation Oncology and 23 Cancer and Oncology. 24 Q. Okay. 25 A. But Radiation Oncology. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 10 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 11 1 Q. You are a Board Certified Radiation 2 Oncologist? 3 A. Correct. 4 Q. Are you Board Certified in any other 5 areas? 6 A. No. 7 Q. Okay. Can you state your name and 8 address for the record, please? 9 A. Stephen, S-T-E-P-H-E-N; middle 10 initial, T., as in Terry, Kraus, K-R-A-U-S. 11 Q. And your address, please -- your 12 professional address? 13 A. 111 Veterans Boulevard, Suite 403, 14 70005. 15 Q. That's in Heritage Plaza? 16 A. Yes, ma'am. 17 Q. Okay. And are you still affiliated 18 with Tulane? 19 A. No. No. Well, I am; and, you know, 20 it's like they have the same -- we are 21 inactive, you know. But I'm not on -- I'm 22 not on the active staff. They call it 23 inactive so that if anything ever happens, 24 they can call -- if I desire, they can call 25 me back. For example, if somebody gets sick Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 11 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 12 1 or whatever to -- they don't have to go 2 through a recertification. 3 Q. Okay. In the office, do you share 4 your suite with any other physicians? 5 A. No. 6 Q. Okay. Are you employed by Tulane 7 University? 8 A. No. 9 Q. Okay. You are self-employed now? 10 A. Correct. 11 Q. When did you become self-employed? 12 A. Oh, gosh, let's see. I imagine at 13 the beginning of last year. 14 Q. That would be the beginning of 2015, 15 correct? 16 A. Yes. Correct. 17 Q. All right. Okay. And you are 18 licensed in Louisiana and Georgia? 19 A. Yes, ma'am. 20 Q. Okay. In this case, Mr. Bell was 21 not your patient, correct? 22 A. That's correct. 23 Q. Okay. When were you hired by the 24 Roussel and Clement Firm to evaluate his 25 case? Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 12 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 13 1 A. I was -- I would say a couple of 2 months ago -- when was the -- I can't 3 remember the exact date -- but I imagine a 4 couple of months ago. 5 Q. Did you bring any materials with you 6 to the deposition today? 7 A. Yes. 8 Q. What did you bring with you? 9 A. I brought the -- I can't remember 10 what it's called right now. The expert 11 report -- 12 Q. Okay. 13 A. -- and also my bibliography of 14 the -- 15 MR. HART: 16 Also what? I'm sorry. 17 THE WITNESS: 18 My bibliography. 19 OFF THE RECORD. 20 EXAMINATION BY MS. ADAMS: 21 Q. And the report that you prepared in 22 this case is dated May 16th, 2016, is that 23 correct? 24 A. Correct. 25 Q. Okay. And you are not sure how -- Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 13 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 14 1 A. It would have been in May. 2 Q. In May sometime? 3 A. Yeah. Yeah. 4 Q. Okay. When you were hired by 5 Roussel & Clement? 6 A. Correct. 7 Q. Okay. And when did -- your hourly 8 rate is $750 per hour, correct? 9 A. Correct. 10 Q. And that's for deposition trial 11 testimony -- 12 A. Correct. 13 Q. -- whatever? 14 A. Oh, I'm sorry. Correct. 15 Q. Okay. And when -- I noted that in 16 some previous cases your rate was $500 per 17 hour. When did it change from $500 an hour to 18 750 an hour? 19 A. I think it was around a year ago. 20 Q. Okay. Sometime in the summer you 21 think of 2015 -- 22 A. Yes, around. 23 Q. -- approximately? I'm not going to 24 hold you to it? 25 A. Yes. Approximately. It's been Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 14 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 15 1 about a year. 2 Q. All right. Has the Roussel & 3 Clement firm already paid you for your 4 evaluation of this case? 5 A. No. 6 Q. Okay. Have you sent them a bill? 7 A. Not yet, no. 8 Q. When do you plan on sending them a 9 bill? When do you usually send them a bill? 10 A. I usually send a bill at about the 11 time of or after the -- a Jury trial -- 12 whenever. That way I have everything down, 13 you know, exactly as to what I owe them. 14 Q. Have you ever testified as an expert 15 hired by the Roussel & Clement Firm at 16 trial? 17 A. Yes. 18 Q. Okay. And what trials have you 19 testified in where you were hired by the 20 Roussel & Clement Firm? 21 A. I would have to look at my case 22 list. 23 Q. Okay. I'm going to show you 24 Exhibit 3. Can you review that list and 25 identify what cases where you testified as an Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 15 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 16 1 expert hired by Roussel & Clement Law Firm at 2 trial, please. 3 A. Let's see. Rudy didn't go to trial. 4 You know, honestly, I can't remember which 5 ones. I can let you know, but I can't really 6 remember. 7 Q. You can't recall from looking at 8 that list right now? 9 A. No. No. I'd have to look back. 10 Q. Okay. And you've given deposition 11 testimony as an expert hired by the Roussel & 12 Clement firm on several occasions, correct? 13 A. Correct. 14 Q. But do you have a specific 15 recollection of actually being called as a 16 witness to testify at a trial where you were 17 hired by them? 18 A. Yes. 19 Q. But you can't recall -- 20 A. No, I can't. I would have to get 21 back to you. 22 Q. -- the name of the case? 23 A. It was a couple. 24 Q. All right. May I see that. May I 25 have this? I may hand this back and forth. I Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 16 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 17 1 should have made a copy. Sorry. When we get 2 a break -- 3 MR. HART: 4 Here. Let me solve the problem, 5 too. 6 EXAMINATION BY MS. ADAMS: 7 Q. So the report that you prepared in 8 this case was signed on May 16th, 2016. When 9 did you prepare it? 10 A. May 16th, 2016. 11 Q. Okay. All right. I know it seems 12 like an obvious question; but, you know, you 13 never know. You could have prepared it a 14 month ahead of time and didn't finalize it. 15 A. No. 16 Q. Did you prepare -- did the report 17 go through multiple drafts? 18 A. No, not really. I mean, I just -- 19 it's just something that, you know, I -- I 20 just dictate out. 21 Q. Did you discuss the report at all 22 before with the Roussel/Clement attorneys 23 before you signed it? 24 A. Yeah. I wanted to make sure 25 spelling was all right because I'm a terrible Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 17 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 18 1 speller. But in terms of me changing anything 2 at advice of an attorney, the answer is, "No." 3 Q. Okay. Did you discuss it -- 4 besides spelling, did you discuss any other 5 parts of the report with Roussel & Clement 6 attorneys before you signed the report? 7 A. In terms of whether I was -- I'm 8 not sure -- 9 Q. In terms of anything besides 10 spelling errors? 11 A. Not that I can recall. I just had 12 gone over it and made sure everything was 13 okay. And the only other thing I asked them 14 to do was to please check and make sure from 15 their standpoints as well that I had all the 16 dates right -- 17 Q. Okay. 18 A. -- in terms of, you know, March 19 25th, April 19th, August 24th. 20 Q. Okay. Do you -- you don't have any 21 medical charts that you prepared -- 22 A. No. 23 Q. -- in this case? 24 A. No. 25 Q. Okay. You were hired by the Roussel Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 18 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 19 1 & Clement Firm to provide a second opinion as 2 to -- relative to Mr. Bell's diagnosis of 3 mesothelioma; correct? 4 MS. ROUSSEL: 5 Object to the form of the 6 question. 7 EXAMINATION BY MS. ADAMS: 8 Q. You can answer? 9 A. Can you -- can you repeat it? 10 Q. Yes. Okay. You were hired -- is 11 it correct that you were hired by the Roussel 12 & Clement Law Firm to offer a second opinion 13 relative to Mr. Bell's diagnosis of 14 mesothelioma? 15 MS. ROUSSEL: 16 Object to the form of the question. 17 THE WITNESS: 18 I'm -- you know, on something like 19 this, I plead ignorance in terms of whether I 20 was hired by the family or by the attorney. 21 And it's one or the other. I don't know. 22 EXAMINATION BY MS. ADAMS: 23 Q. Does the Roussel/Clement Firm 24 typically pay your invoices? 25 A. Yes. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 19 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 20 1 Q. And you would assume in this case 2 they would also pay your invoice? 3 A. Correct. 4 Q. Okay. So would it be fair to say 5 that the parties, whether it be Mr. Bell's 6 family or his attorneys, you were asked to 7 provide a second opinion relative to 8 Mr. Bell's diagnosis of mesothelioma in this 9 case; correct? 10 A. Correct. Yes. 11 Q. Okay. All right. You've not 12 reviewed any of the pathology materials in 13 this case, correct? 14 A. In terms of the final reports, yes. 15 Q. No. But you haven't reviewed the 16 pathology material, the specimens themselves; 17 have you? 18 A. Oh, no. No. 19 Q. Okay. And you are not a Board 20 Certified Pathologist? 21 A. No. 22 Q. You are not an expert in pathology, 23 correct? 24 A. In terms of having 40 years worth of 25 experience in looking at slides and looking at Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 20 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 21 1 them and tumor registry, cancer conferences 2 and stuff, I was co-moderator of the Cancer 3 Conference and co-moderator of the Lung 4 Conference and moderator of the Ethics, which, 5 of course, is no slides but I'm pretty 6 familiar with looking at slides. 7 MS. ADAMS: 8 I object to the non-responsive 9 portion. You are not an expert in pathology, 10 and you've never testified as an expert in 11 Pathology, have you. 12 MS. ROUSSEL: 13 Object to the form of the question. 14 EXAMINATION BY MS. ADAMS: 15 Q. You are not an expert in pathology, 16 are you? 17 A. No. No. Well, I -- I have -- no. 18 Okay. Now I understand what you are saying. 19 Q. Okay. Thank you. And there are -- 20 what expert reports have you reviewed in this 21 case? 22 A. Mr. Parker's and Mr. -- or Doctor 23 Millette's. 24 MS. ROUSSEL: 25 And also -- let me also indicate Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 21 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 22 1 that all of the medical records from all 2 institutions were provided to the Doctor. I 3 don't know if you include that as reports. 4 MS. ADAMS: 5 No. Experts hired by -- expert 6 reports. 7 THE WITNESS: 8 Those -- those were the only two 9 that I think I've reviewed. 10 EXAMINATION BY MS. ADAMS: 11 Q. Okay. You haven't reviewed any of 12 the defense expert reports, have you? 13 A. No. 14 Q. Okay. Do you know how many 15 mesothelioma cases you've reviewed? 16 A. Over -- you know, I went and kind 17 of looked back, and I've been doing this for a 18 number of years. I've been here since '82. 19 West Jeff got started -- the conference -- 20 the Radiation Oncology Department got started 21 in 1983 -- at the beginning of 1983. I was 22 there for 20 years or 21 years. And we used 23 to see about five to six mesotheliomas a year. 24 So I would approximate -- and this is just an 25 approximate -- somewhere between 75 and 100. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 22 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 23 1 But at Tulane, I was seeing three or four a 2 year for the six years I was there. So -- 3 Q. Okay. So the -- 4 A. So I think a close -- a close 5 estimate would be in the 100 range. 6 Q. Okay. Total between the two 7 different institutions? 8 A. Yes, ma'am. 9 Q. Okay. And I understand that you 10 also lived in Georgia for some time and 11 practiced in Georgia as well? 12 A. Yes, ma'am. 13 Q. Could you remind me, please, what 14 years -- about what years that was? 15 A. Where is my -- 16 Q. Your C.V.? 17 A. -- C.V.? I'm still looking. I'm 18 sorry. 19 Q. That's all right. Just a rough -- 20 A. Okay. Oh, here is "Education." I'm 21 sorry -- 2003 through 2010. 22 Q. Okay. Thank you. And during that 23 time did you work on any mesothelioma cases in 24 Georgia? 25 A. No. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 23 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 24 1 Q. Okay. Can I have that -- whatever 2 you were just looking at back? 3 A. Okay. 4 Q. The C.V., yeah. Thanks. Okay. And 5 in this case, what documents have you reviewed 6 in order to prepare your report? 7 A. The documents I reviewed were the 8 physician documents that were in the hospital 9 chart and all the documents from East Jeff; 10 all the documents from Baylor; and, all the 11 pathology reports from East Jeff, Baylor and 12 also M.D. Anderson. 13 Q. Okay. Did you review any of the 14 Hospice records? 15 A. Yes. Oh, yeah. I'm sorry. 16 Q. When did you review those? 17 A. At the same time I reviewed 18 everything else, which was in, I guess, in 19 May. 20 Q. Would you count the records of 21 Doctor Henry Jackson as documents that you 22 reviewed in preparation for your report? 23 A. Yes. 24 Q. Okay. I'm correct that there is no 25 diagnosis of asbestosis in his records, Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 24 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 25 1 correct? 2 A. That's correct. 3 Q. Okay. Besides the trial that you 4 just testified at in Jefferson Parish a couple 5 of weeks ago, have you ever testified at trial 6 as an expert in Radiation Oncology? 7 A. Yes. 8 Q. And which cases were those? 9 A. I'm pretty sure one was Mr. Benoit. 10 And there was a case -- and it should be on 11 here -- and that was in regards to potential 12 radiation, or radiation that he would have 13 received in his job. And let's see here. 14 And, of course, Mr. Hubert Carter. 15 Q. Right. The one within the last 16 month? 17 A. Yes. Goodness gracious, there is 18 one other that was a patient of mine, and I'm 19 not even sure it's on this record. And he was 20 a gentleman by the name of -- that I 21 treated -- and his name was Bensulamine, 22 B-E-N-S-U-L-A-M-I-N-E, I think. 23 Q. Okay. Is there any reason why 24 that's not on this list? His name, his case 25 isn't on the list -- any reason in Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 25 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 26 1 particular? 2 A. Oh, I remember. I was deposed on 3 it. I was deposed on it. I -- there is no 4 reason. I just didn't put it on, I guess. 5 And I'm sorry. I will make sure it gets on. 6 Q. Okay. Do you recall who 7 Mr. Benoit's attorneys were? 8 A. No. 9 Q. Okay. Do you recall when that trial 10 testimony was -- the years? 11 A. Oh, golly, it was -- I think it was 12 just about right when I came back in town. So 13 it would have been about 2011, 2012, as I 14 recall. 15 Q. Okay. You are not an expert in 16 epidemiology, correct? 17 MS. ROUSSEL: 18 Object to the form of the question. 19 MS. ADAMS: 20 What's the objection? 21 MS. ROUSSEL: 22 Well, the objection is: Expertise 23 is determined by the Court. It's based on 24 education, training, and experience. He has a 25 massive amount of education and training. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 26 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 27 1 MS. ADAMS: 2 Speaking objections -- 3 MS. ROUSSEL: 4 Asked me what my -- what the nature 5 of my objection was. I'm merely stating what 6 it was. If you don't want to know the nature 7 of my objection, don't ask me the nature of my 8 objection. 9 MS. ADAMS: 10 Point taken. 11 EXAMINATION BY MS. ADAMS: 12 Q. You have never been offered as an 13 expert in Epidemiology in trial or in 14 deposition testimony, have you? 15 A. I don't have any degree in 16 Epidemiology; but, of course, in terms of 17 looking at the records and reviewing it; and, 18 from the literature, I think I have a pretty 19 good working knowledge of it. 20 Q. You are not a Board Certified 21 Epidemiologist, are you? 22 A. No. 23 Q. You are not a Board Certified 24 Industrial Hygienist, are you? 25 A. No. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 27 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 28 1 Q. You are not a Board Certified 2 Microbiologist, are you? 3 A. No. 4 Q. You are not a Board Certified 5 Pathologist, are you? 6 A. No. 7 Q. Okay. All right. And have you been 8 asked to testify at the trial in this case? 9 A. I would imagine if it comes to 10 trial, the answer would be: Yes. 11 Q. But thusfar you have not been 12 asked? 13 A. At this point in time, there is no 14 trial. 15 Q. There is a trial, actually, in 16 November. 17 A. Okay. Oh, good. Then I would 18 presume that as an expert witness I would be 19 at the trial. 20 Q. Okay. Did you not -- did you know 21 that there is a trial date in November? 22 A. I could look in my calendar. No, 23 Probably not. 24 Q. Independently, you don't recall 25 that? Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 28 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 29 1 A. No. No. 2 Q. Okay. You've had no contact with 3 any of Mr. Bell's family members, correct? 4 A. Correct. 5 Q. And you've had no contact with any 6 of Mr. Bell's treating physicians; correct? 7 MS. ROUSSEL: 8 Object to the form of the question. 9 THE WITNESS: 10 When you say, "contact." 11 EXAMINATION BY MS. ADAMS: 12 Q. Have you had verbal contact -- 13 A. Oh, no. 14 Q. -- with any of his treating 15 physicians? 16 A. No. 17 MS. ROUSSEL. 18 About Mr. Bell? 19 MS. ADAMS: 20 Yes. Going back to my question. 21 EXAMINATION BY MS. ADAMS: 22 Q. Have you had -- have you spoken to 23 any of Mr. Bell's treating physicians 24 regarding Mr. Bell? 25 A. No. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 29 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 30 1 Q. Okay. Have you had any written 2 communication with any of Mr. Bell's treating 3 physicians about Mr. Bell? 4 A. No. 5 Q. Okay. Have you reviewed any of the 6 depositions that were taken in this case? 7 A. I'm trying to think. Oh, yes. 8 Yeah, Mr. Bell's. 9 Q. Okay. Have you reviewed any other 10 depositions taken in this case? 11 A. I don't recall any others. 12 Q. Okay. Are you -- what -- are you 13 still a practicing physician or is most of 14 your work now done as a consulting expert? 15 A. I'm an active practicing 16 physician. 17 Q. Okay. About how much of your 18 practice is devoted to treating patients and 19 how much of your practice is devoted to 20 consultation as an expert? 21 A. At this point in time, I would say 22 that two-thirds of it to three-quarters of it 23 is an active practice in second opinions to 24 lost patients. In other words, they don't 25 know where to go or stuff like that. I do not Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 30 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 31 1 accept patients from other physicians; nor 2 would I accept a patient from an attorney in 3 that circumstance. 4 Q. I'm sorry. What do you mean? 5 A. Well, in other words, if somebody 6 comes to me with a medical problem -- 7 Q. Right. 8 A. -- I would not accept them if it's 9 going to be a malpractice case. 10 Q. Okay. 11 A. I would not accept them in terms of 12 a malpractice case. 13 Q. Okay. 14 A. I am there simply to help patients. 15 For example, if someone comes in -- and I had 16 this recently -- and they have a breast 17 cancer and their physician says to them, 18 "Well, you have a breast cancer, and I'm going 19 to refer you to a medical oncologist and a 20 radiation oncologist and a breast surgeon;" 21 and, because I had treated someone in her 22 family when I was at Tulane, she called me up 23 on the phone and said she had absolutely no 24 idea what was going on. So she came in. I 25 saw her. My consults take about three hours. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 31 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 32 1 I went over everything with her. And she 2 wanted to go to M.D. Anderson. So I arranged 3 for her to go to Anderson and arranged for her 4 to see a physician at Anderson. She did. We 5 talked on the phone. And she elected to get 6 treatment here after the recommendations. And 7 I set her up with physicians here. She did 8 not want to go back to her treating physician 9 there because she had no information. And 10 she's getting treatment. And she told me that 11 she's coming to the office next week because 12 she wants to bake me a blueberry pie which is 13 just what I need on my diet. 14 Q. You -- all right. You and 15 everybody else. So going back to the -- to 16 where I was getting at -- is you think that 17 two-thirds or three-fourths of your practice 18 now involves active patients who just come to 19 you for treatment? 20 A. Easily, because -- oh, more than 21 that, because I'm seeing now about a patient a 22 week now. That's not a lot. 23 Q. Right. 24 A. But I have seen around, over the 25 past year, roughly around 50, maybe 60 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 32 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 33 1 patients. 2 Q. Okay. And then the balance of your 3 practice would be consults, consultations as 4 an expert like in the capacity that you are 5 here for today? 6 A. Yeah, which is pretty much of a 7 negligible part in terms of the amount and the 8 volume of people that I see. 9 Q. But it would be about a third or 25 10 percent of your practice -- 11 A. Well -- 12 Q. -- based on what you are telling 13 me? 14 A. Say -- I have no idea how many -- 15 say I've seen six in the past year. 16 Q. Yeah. 17 A. Well -- and I've seen 50 patients 18 who required consults. So that would be; 19 what, a twelfth? 20 Q. Yes. I'm just trying to base it on 21 your numbers that you gave me. 22 A. Yeah. And I hope that I start 23 seeing more. I'd like -- my goal is to be 24 seeing a patient or two a day. But with a 25 three-hour consult, it would be impossible for Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 33 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 34 1 me to see more than two a day. 2 Q. Do you have a nurse that works in 3 your office with you? 4 A. No. It's just me. 5 Q. Do you have a secretary or assistant 6 who does your paperwork? 7 A. No. That's the miracle of these new 8 dictation machines. 9 Q. Okay. And you handle all the 10 billing and all the -- everything from top to 11 bottom? 12 A. Well, like my wife says, I would 13 have been very comfortable being a 14 horse-and-buggy doctor in 1912. 15 Q. Understood. So the answer is: 16 Yes? 17 A. Yes. 18 Q. Okay. As a radiation oncologist, 19 your role is in the care and treatment of 20 patients related to the treatment of their 21 cancer, correct? 22 A. That's correct. 23 Q. Okay. And you prescribe radiation 24 therapy as a means of care for patients with 25 cancer; correct? Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 34 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 35 1 A. That's correct. 2 Q. Okay. And in this case, Mr. Bell 3 did not receive any radiation treatment, is 4 that correct? 5 A. That's correct. 6 Q. Okay. What procedures were done to 7 Mr. Bell? 8 A. He had some thoracentesis. He had a 9 partial pleurectomy. He had knee surgery in 10 the past. Let's see what else. Pleurectomy, 11 knee surgery; and, at least one biopsy, maybe 12 two fine needle aspiration biopsies. 13 Q. I'm sorry what did you -- 14 A. I just got hearing aids. So for the 15 first time since I was in the military, I have 16 the opportunity to talk soft. 17 Q. Good. Very good. All right? 18 A. So I apologize. And so if people 19 can't hear me, please speak up. 20 Q. You said, "one or two" something, 21 and I lost -- 22 A. Biopsy; fine needle aspirate 23 biopsies, A-S-P-I-R-A-T-E. 24 Q. None of Mr. Bell's treating 25 physicians found that he had bilateral Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 35 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 36 1 calcified pleural plaques, correct? 2 A. That's correct. 3 Q. Okay. Looking -- do you have your 4 report in front of you? 5 A. Yes, ma'am. 6 Q. And I'm going to attach -- I wrote 7 on mine -- but I'm going to get a clean copy. 8 It will be Exhibit 4, the report dated May 9 16th, 2016. Looking at your report, I 10 noticed -- and I note there are plenty of 11 medical records in this case. But I noticed 12 that in your report there is -- Number 7 is 13 dated April 29th, 2014, and then there is 14 nothing in between that you noted between 15 April 29th, 2014, and then not until over a 16 year later, August 24th, 2015. Is there any 17 reason why there is a gap? 18 A. The diagnosis wasn't made until, I 19 want to say, it was August the 23rd from 20 previous -- oh, excuse me, August 24th, from 21 previous records as well as the right pleural 22 incisional biopsy. 23 Q. And you said that you have reviewed 24 Doctor Henry Jackson's records in this case, 25 correct? Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 36 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 37 1 A. Yes, ma'am. 2 Q. Okay. Are you aware that 3 Doctor Jackson diagnosed Mr. Bell with 4 malignant mesothelioma in February of 2014? 5 MS. ROUSSEL: 6 Object to the form of the question. 7 That's a blatant misrepresentation. Read his 8 May 2014 report where he specifically states 9 that -- 10 MS. ADAMS: 11 Object to -- 12 MS. ROUSSEL: 13 -- there was a mesothelioma. 14 MS. ADAMS: 15 Objection to speaking objections. 16 MS. ROUSSEL: 17 Well, I'm not going to allow you to 18 misrepresent -- 19 MS. ADAMS: 20 I can ask the question. I'm looking 21 at the medical record right here. 22 MS. ROUSSEL: 23 Look at his report in May. 24 EXAMINATION BY MS. ADAMS: 25 Q. I'm asking the Doctor the question. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 37 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 38 1 Are you aware that Doctor Jackson diagnosed 2 Mr. Bell with mesothelioma in February of 3 2014? 4 MS. ROUSSEL: 5 Object to the form of the question. 6 THE WITNESS: 7 He was concerned about the history. 8 There was never a formal diagnosis made; and, 9 the formal diagnosis was made on August 26th, 10 2015, by the pathologist, and there was no 11 formal diagnosis prior to that. 12 EXAMINATION BY MS. ADAMS: 13 Q. Are you aware that a medical record 14 exists where Doctor Jackson says: Malignant 15 mesothelioma diagnosed in February of 2014? 16 MS. ROUSSEL: 17 Object to the form of the question. 18 THE WITNESS: 19 Well, I think that was probably a 20 miss -- may I see it? 21 EXAMINATION BY MS. ADAMS: 22 Q. Sure. There is highlighting on here 23 but -- 24 A. That's okay. Yeah. I -- I recall 25 this report -- Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 38 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 39 1 Q. Okay. 2 A. -- and there was not a formal 3 diagnosis of anything made. He had bilateral 4 adenopathy and a sheath of, which we now know, 5 was malignancy. We now know malignancy, and 6 as it wasn't diagnosed until August 26th in 7 which he had also intermittent involvement 8 with the pericardial space; and, as I said, 9 the nodes and also a chest wall, mass effect 10 that was hypermetabolic. But there was no 11 diagnosis that I recall that was made at that 12 time. 13 Q. Okay. I'm going to approach -- 14 just because I don't have the record in front 15 of me. On this record, can you read what it 16 says under "History"? 17 A. Yeah, malignant mesothelioma 18 diagnosed in February 2014. 19 Q. Okay. Thank you very much. 20 A. But it wasn't diagnosed then. 21 Q. Well, that's what the record says 22 right in front of you, correct? 23 MS. ROUSSEL: 24 Object to the form of the question. 25 THE WITNESS: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 39 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 40 1 It was -- the official diagnosis 2 was on August 26th, 2015. And, as I recall, 3 there was nothing in the chart about a formal 4 diagnosis in February of 2014. 5 EXAMINATION BY MS. ADAMS: 6 Q. But I am correct that this record 7 that you are reading from right now says: 8 History: Malignant mesothelioma diagnosed in 9 February of 2014, correct? 10 MS. ROUSSEL: 11 Object to the form of the question. 12 The Doctor's already answered it. 13 EXAMINATION BY MS. ADAMS: 14 Q. Okay. I'm asking: That's what it 15 says, correct? 16 A. That's what it says, but there was 17 not a formal diagnosis made then. 18 MS. ADAMS: 19 Object to the non-responsive 20 portion. I'm going to attach this as 21 Exhibit 5. 22 MS. ROUSSEL: 23 And I'm going to attach the entirety 24 of Doctor Jackson's record as Exhibit 6. 25 MS. ADAMS: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 40 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 41 1 Go for it. 2 THE WITNESS: 3 In February of that year, he had on 4 the 20 February -- goodness, let me think a 5 minute. February 20th, they removed -- they 6 did a thoracentesis; and, on the 24th, he had 7 a CT Scan directed needle biopsy of his, I 8 believe it was right upper lobe, that was 9 negative for malignancy. And so there was 10 some atypical cells as I recall, but there was 11 not a formal diagnosis of malignancy at that 12 time. So my answer to you is that there was 13 no formal diagnosis of malignancy 14 pathologically that they could see. 15 MS. ADAMS: 16 Object to the non-responsive 17 portion. 18 EXAMINATION BY MS. ADAMS: 19 Q. Okay. Moving on. 20 A. Excuse me. 21 Q. Have any of your patients -- 22 A. I'd like to get some water. 23 Q. Sure. No problem. Have any -- are 24 you ready? 25 A. Please. Yes. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 41 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 42 1 Q. Have any of your patients ever 2 discussed working around thermal insulation 3 with you while they were serving in the Navy. 4 Any of your asbestos-related patients? 5 A. Well, I know some of them worked in 6 the Navy or worked around the Navy and in the 7 Navy yards. But I can't -- I can't really 8 say "Yes" or "No" -- 9 Q. Okay. 10 A. -- because I can't remember. 11 Q. Okay. All right. Are you aware 12 that amphibole asbestos was used on Navy 13 ships? 14 A. Yes. So was chrysotile. 15 Q. Okay. Object to the non-responsive 16 portion. You would agree with me that 17 amphiboles were used on the Navy ships, 18 correct? 19 MS. ROUSSEL: 20 Objection. Asked and answered. 21 THE WITNESS: 22 Yes. 23 EXAMINATION BY MS. ADAMS: 24 Q. And you've never written any 25 articles regarding asbestos, correct? Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 42 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 43 1 A. That's correct. 2 Q. And you never made any presentations 3 regarding asbestos, correct? 4 A. No, not official presentations. 5 Q. Okay. And all of your testimony in 6 Exhibit 3 has been on behalf of plaintiffs, 7 correct? 8 A. That's correct. 9 Q. Okay. 10 MS. ROUSSEL: 11 Object to the form of the question. 12 I'm sorry. What did you ask him? 13 MS. ADAMS: 14 I said all of his testimony on this 15 list has been on behalf of plaintiffs. 16 MS. ROUSSEL: 17 Including his patients? 18 MS. ADAMS: 19 That wasn't my question. 20 MS. ROUSSEL: 21 I understand your question. I'll 22 withdraw my comment. 23 EXAMINATION BY MS. ADAMS: 24 Q. Okay. Doctor Kraus, has your 25 testimony ever been limited in any way where Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 43 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 44 1 you were precluded from testifying about 2 certain parts of your opinions? 3 A. Not to my knowledge. 4 Q. Okay. Are you familiar with the 5 Sally Vedros case? 6 A. Yes. 7 Q. Okay. Are you aware that your 8 opinions were limited by Judge Barbier in that 9 case? 10 MS. ROUSSEL: 11 Object to the form of the 12 question. 13 THE WITNESS: 14 I was able to answer the questions 15 as when they were put in a hypothetical. 16 EXAMINATION BY MS. ADAMS: 17 Q. I'm sorry. Are you aware that there 18 is a legal opinion from Judge Carl Barbier 19 that states that you are prevented from 20 testifying about certain parts of your 21 opinions? 22 MS. ROUSSEL: 23 Object to the form of the 24 question. 25 THE WITNESS: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 44 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 45 1 Again, as I recall, I had been 2 discussing in terms of being a treating 3 physician as to what happened to them. And 4 they said that -- and I'm not really sure 5 what the exact terminology is -- but they 6 said that that was the cart before the horse. 7 That there hadn't been some sort of case laid 8 out about that. And so the Judge then said 9 that it was entirely permissible for me to 10 discuss it and to answer questions as a 11 hypothetical. So the same questions were 12 placed to me as a hypothetical. 13 MS. ADAMS: 14 Object to non-responsive portion. 15 EXAMINATION BY MS. ADAMS: 16 Q. Are you aware that there is a ruling 17 in the Sally Vedros case that says: Doctor 18 Kraus may not offer specific causation 19 testimony based on the, quote, "every exposure 20 above background," closed quote, theory or any 21 similar theory that Vedros' mesothelioma was 22 caused by any particular exposure to a 23 defendant's product or premises. Doctor Kraus 24 may opine regarding Vedros' diagnosis of 25 mesothelioma and issues of general causation. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 45 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 46 1 Are you aware of that? 2 A. No. 3 MS. ADAMS: 4 Okay. I'm going to mark as Exhibit 5 7 the ruling from the Vedros case regarding 6 Doctor Kraus' testimony. 7 MS. ROUSSEL: 8 And I'm going to object to attaching 9 it. As you know, comments by a Judge are not 10 admissible in evidence. So just make my 11 objection to the exhibit and make it 12 continuing. 13 MS. ADAMS: 14 Okay. 15 EXAMINATION BY MS. ADAMS: 16 Q. In this case, Doctor Kraus, you are 17 not going to testify that any particular 18 defendant's product caused Mr. Bell's 19 mesothelioma, are you? 20 A. What I am going to be testifying to 21 is -- 22 Q. Well, first of all, that's a "Yes" 23 or "No" question. 24 MS. ROUSSEL: 25 Explain. He's certainly going to be Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 46 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 47 1 testifying as to -- 2 MS. ADAMS: 3 Stop. I'm going to be asking the 4 question. Stop coaching. 5 MS. ROUSSEL: 6 I am going -- let me state: I'm 7 going to be asking the questions at trial and 8 those opinions are laid out in his report. 9 MS. ADAMS: 10 Please stop coaching the witness. 11 MS. ROUSSEL: 12 I am not coaching the witness. His 13 opinions are laid out in his report. He is 14 certainly going to be testifying as to certain 15 types of products. 16 MS. ADAMS: 17 Please stop the speaking objections. 18 THE WITNESS: 19 What I did -- what I did do was a 20 qualitative cumulative assessment in regards 21 to the literature and in regards to Mr. Bell 22 and in regards to -- and I have it down 23 here -- I'm just going to read it. He was 24 exposed to asbestos from maintenance work 25 being performed on various equipment, Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 47 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 48 1 including valves, pumps, turbines, condensers, 2 diesel engines and refrigeration equipment 3 that I define in the chart. And mainly, as I 4 recall, his work had to do with, um, valves, 5 gaskets, and -- and his main work, though, 6 with the valves and gaskets was working with 7 valves and pumps. That's what he said he did 8 more than anything else. 9 MS. ADAMS: 10 Object to the non-responsive 11 portion. 12 EXAMINATION BY MS. ADAMS: 13 Q. You are not going to offer any 14 opinions that a particular brand name of a 15 product caused Mr. Bell's mesothelioma, are 16 you? 17 A. No. 18 Q. Okay. You don't have any specific 19 testimony about a company named Aurora Pump, 20 do you? 21 A. No. 22 Q. Nor do you have any specific 23 testimony about a company named Atwood and 24 Morrill, do you? 25 A. No. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 48 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 49 1 Q. Okay. And while you performed a 2 qualitative cumulative assessment, you did not 3 perform any quantitative assessment, is that 4 correct? 5 A. That is correct. 6 Q. Okay. And there is -- you don't 7 have any bottom line number in terms of fiber 8 ccs per year that he was exposed to, do you? 9 A. That is correct. 10 Q. Okay. What is the unit of measure 11 used to describe an individual's cumulative 12 exposure to asbestos? 13 A. I don't -- what do you mean? Like 14 fibers per cc. 15 Q. That's what -- yeah? 16 A. Yes, fibers per cc and -- 17 Q. You -- fibers per cc you would 18 agree? 19 A. And in an occupational -- there is 20 really two types: Occupational and 21 excursional. It's called excursional. 22 Excursional would be something like a 23 housewife or somebody who does laundry of a 24 worker who has been exposed to asbestos. And 25 for occupational it's point one fiber per cc Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 49 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 50 1 on average on an eight-hour basis. And for 2 excursional it's one fiber per cc on an -- I 3 think it's a half-hour basis, but I -- I'm 4 not really sure about what it's really 5 averaged out to. 6 Q. Okay. You never spoke with Mr. Bell 7 prior to his death, did you? 8 A. No, ma'am. 9 Q. Okay. You would agree with me that 10 radiation treatment for mesothelioma is 11 palliative rather than curative, correct? 12 A. At this point in time, yes. 13 Q. Okay. Do you think it's going to be 14 different at any other point in time? 15 A. No. What I was alluding to was in 16 the past there were a number of protocols, and 17 I actually -- I think I actually participated 18 in one or two from Boston. And what -- we 19 used to do total lung irradiation as part of 20 the treatment, and it turned out to be a real 21 issue in terms of causing profound 22 complications. And that was quickly 23 discontinued. 24 Q. Okay. You rely on Doctor Millette 25 and Mr. Parker for the exposure assessment Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 50 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 51 1 because that's beyond your area of expertise, 2 correct? 3 MS. ROUSSEL: 4 Object to the form of the question. 5 THE WITNESS: 6 What is beyond is the -- the actual 7 measurements. But in terms of looking at them 8 and determining whether it's point one fiber 9 per cc over an eight-hour period is something 10 that I can do. 11 EXAMINATION BY MS. ADAMS: 12 Q. And what qualifies you to do that? 13 A. I can read. 14 Q. You are not an Industrial Hygienist, 15 correct? 16 A. I may not be an industrial 17 hygienist; but, at the same time -- at the 18 same point in time, for example, if somebody 19 has a cardiac condition, through my medical 20 training and medical reading, I can pretty 21 much make a diagnosis. But that doesn't mean 22 I'm a cardiologist. 23 Q. Right. And you are -- you haven't 24 done any independent fiber assessment in this 25 case, have you of what he -- of the fiber -- Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 51 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 52 1 you know, calculations, have you? 2 A. Define -- what did you say 3 independent -- 4 Q. You haven't done any -- you haven't 5 done any calculations of the types of fibers 6 that he was exposed to or anything like that, 7 have you? 8 MS. ROUSSEL: 9 Object to the form of the question. 10 THE WITNESS: 11 What do you mean by "fibers"? Did I 12 look at the -- 13 EXAMINATION BY MS. ADAMS: 14 Q. Did you look -- do any tissue 15 digestion or anything like that? 16 A. Oh, I see. No. I didn't do 17 anything like that; no. 18 Q. You haven't done any air sampling 19 involving any of the products at issue, have 20 you? 21 A. That's correct. 22 Q. Okay. Did you say you were in the 23 service earlier? 24 A. Yes, ma'am. 25 Q. And where -- when and where did you Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 52 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 53 1 serve? 2 A. I served in Vietnam -- 3 Q. Okay. 4 A. -- for a while and also at Marine 5 Corps, Air Station Beaufort, South Carolina. 6 Q. I'm sorry. Your hand is over your 7 mouth? 8 A. Marine Corps Air Station Beaufort, 9 South Carolina. 10 Q. So you served in the Marine Corps? 11 A. I was a Navy physician serving with 12 the Marines, and they allowed me to wear a 13 Marine uniform for two reasons: One is that I 14 consider them as my kids. And in case I would 15 ever have to be in any sort of shooting, 16 wearing a Navy uniform was a red target. 17 Because if you were with the Marines wearing a 18 Navy uniform, snipers knew immediately that 19 you were either a physician or a corpsman. 20 Q. Did you serve on any Navy vessels 21 yourself? 22 A. For -- I'm not sure -- I don't -- 23 as I recall, it wasn't a Navy vessel, but they 24 had a triage unit. Now it night have been a 25 Navy vessel, but I wasn't on it for long. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 53 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 54 1 Q. Okay. Were you an officer? 2 A. Yes, ma'am. 3 Q. What was your rank? 4 A. Lieutenant at that time. 5 Q. Did you -- when you were 6 discharged, what was your -- was that your 7 highest rank? 8 A. Yes, ma'am. 9 Q. Okay. Thank you for your service. 10 A. You are welcome. 11 Q. You never worked in any engine rooms 12 on any Navy vessels, did you? 13 A. I never went close to the engine 14 room. I mean, it was hot down there so -- 15 Q. Right. 16 A. -- so there was no reason for me to 17 ever go down there. 18 MS. ADAMS: 19 Okay. I think I'm going to pass the 20 witness for right now. I may come back and 21 have some more questions for you, but thank 22 you for your time. 23 OFF THE RECORD. 24 EXAMINATION BY MR. HART: 25 Q. Ready to go back on the record. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 54 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 55 1 Doctor Kraus, I'm Jody Hart. I introduced 2 myself earlier. It's nice speaking with you. 3 I am going to be bouncing around a little bit 4 because most of the topics have already been 5 covered. A little while ago, we were talking 6 about radiation for malignant mesothelioma 7 patients as being palliative. That means to 8 reduce pain, correct? 9 A. Either to reduce pain; or, if 10 someone has an obstruction, to reduce the 11 obstruction. Sometimes people will have a 12 peritoneal, below the abdomen, mesothelioma 13 and you have to also relieve an obstruction. 14 They can have bone metastasis where you have 15 to relieve pain. Lung metastasis, which can 16 either be painful or with an obstruction. So 17 the answer is, "Yes, it's pretty much 18 palliative today." 19 Q. And radiation -- palliative 20 radiation treatment for malignant mesothelioma 21 patients is a standard therapy when needed, 22 correct? 23 A. Yes. 24 Q. Okay. And you didn't see anywhere 25 in Mr. Bell's medical records that he was Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 55 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 56 1 ever -- that it was ever suggested or 2 prescribed that he undergo any radiation 3 treatments, correct? 4 A. That's correct. 5 Q. Which would lead you to believe that 6 his physicians did not feel as though it was 7 needed for his particular mesothelioma, 8 correct? 9 A. That's correct. 10 Q. Okay. About the medical records 11 that you did review, do you know if you -- if 12 the records you had at the time you prepared 13 your report were the complete set of records 14 through Mr. Bell's death, or did they stop at 15 some point prior to his death? 16 MS. ROUSSEL: 17 We supplied complete medical records 18 through his death, including the Hospice 19 records. 20 MR. HART: 21 Wow, you supplied them to me, too, 22 but a couple of -- a month and a half after 23 the report. So I'm asking -- 24 THE WITNESS: 25 Also the Pathology Report. I had -- Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 56 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 57 1 to my knowledge, I had everything. To my 2 knowledge, I had everything. 3 EXAMINATION BY MR. HART: 4 Q. Okay. So you even saw like the 5 Death Certificate and so forth -- the first 6 report of death? 7 A. Yes, sir. 8 Q. Did you take any notes when you 9 reviewed the medical records? 10 A. I'm -- I do it different than 11 anyone else and that is that -- and I've been 12 doing this since medical -- actually, as long 13 as I can remember -- and that is I keep 14 reviewing and reviewing it and reading it and 15 reading it and reading it until it almost 16 becomes like a music to me and I can visualize 17 the pages. And today, through the miracle of 18 computers and CD ROMS, I'm able to, you know, 19 say -- think and say, "Okay, it's page 131" 20 and so on and so forth. But I don't take 21 notes, I just dictate. 22 Q. What do you do with your dictation 23 tapes once you are done with them? 24 A. There is no dictation tape. 25 Q. I mean, the file? Did you delete Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 57 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 58 1 those dictated files? 2 A. I'm sorry. I don't understand. 3 Q. These are files on your computer 4 that contain your dictation? 5 A. Yeah. That's all it is -- is 6 dictation. There is no files on it -- just 7 dictation. 8 Q. And it doesn't come as a particular 9 electronic file in your computer for each 10 thing that you dictate? 11 A. Well, yeah, they are on my computer, 12 yeah. 13 Q. Do you keep those or do you destroy 14 them after you've written your report? 15 A. I'm not sure I delete -- I'm not 16 sure I delete them. It depends, you know, on 17 anything. But I correct them on that. In 18 other words, I look at it and correct all the 19 spelling and stuff. 20 Q. I'm switching subjects on you again. 21 I want to go to the early portion of 22 Mr. Bell's examination and care. And I want 23 to go to January 2014 where -- 24 A. Okay. 25 Q. -- he was diagnosed with pneumonia, Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 58 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 59 1 correct? 2 A. On January -- if you are referring 3 to when he came into the hospital on January 4 20th -- is that what you are referring to? 5 Q. January 2014. I don't know the 6 exact date. 7 A. Yes, January 20th. 8 Q. He had bacterial pneumonia at that 9 time, correct? 10 A. What he also had was a profound 11 amount of pain and stuff. 12 MS. ADAMS: 13 Object to the non-responsiveness of 14 the question. 15 EXAMINATION BY MR. HART: 16 Q. He had bacterial pneumonia at the 17 time that he was admitted to the hospital on 18 January of 2014, correct? 19 A. That was the working diagnosis, 20 yes. 21 Q. And that was confirmed through 22 pathology, correct, and culture -- 23 A. I can't remember that. 24 Q. -- growth? You don't remember? 25 A. No, sir. I don't remember that. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 59 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 60 1 Q. Okay. With regard to your Navy 2 service, I wasn't clear on how much time you 3 may have spent on actual Navy boats, because 4 you mentioned something about maybe a triage 5 ship or something? 6 A. Yeah. And I -- they had to take me 7 off of it because I was so seasick I almost 8 died. 9 Q. Did you ever sleep on a Navy 10 vessel? 11 A. I pretty much threw up on the Navy 12 vessel. 13 Q. I don't doubt that, but my question 14 is: Did you live on one for any period of 15 time or were you just going there for work? 16 A. No. We were -- we were on the 17 vessel and we had special officers' quarters 18 for us, and they asked me to please leave 19 because I kept everybody awake by retching. 20 And I wasn't -- seriously, I was not on there 21 very long because I was profoundly dehydrated 22 and they had to take me off. 23 Q. To the best of your recollection, 24 what is "not long"? Are we talking a week, a 25 couple of days, a month? Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 60 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 61 1 A. It wasn't even a month. It might 2 have been just a few days -- you know, a few 3 days. Probably around a week. I cannot 4 remember. But what I -- because it's kind of 5 blurry. But what I do remember is that the 6 Captain of the vessel said that I was going to 7 die or get off the vessel. 8 Q. Okay. I got you. I'm not making 9 fun of your condition. 10 A. No. I mean, it was -- it was 11 awful. 12 Q. Okay. 13 A. But it was also taking care of a lot 14 of broken bodies in between the illness and 15 the throwing up all the time and taking care 16 of bodies. And one of my jobs was when people 17 came on; when these kids came on, was to look 18 at them and decide which ones would be 19 triaged, because they were salvageable, and 20 which ones were not. And whenever I got a 21 chance, I was able to go down and help one of 22 the surgeons in terms of -- in terms of 23 that -- because when I -- I was -- I was 24 notified I was going to be going into the 25 Service, and I was in my Internship and I had Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 61 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 62 1 absolutely no surgical training at all. And I 2 made arrangements at University of Cincinnati 3 where they gave me a room -- I was single at 4 the time -- right next to the Emergency Room. 5 And for the next six months, I didn't -- 6 literally, I didn't leave the Emergency Room. 7 I wouldn't go eat. And I learned a lot of 8 trauma stuff which really, really helped kids. 9 I'm sorry. I did not mean to go on. 10 Q. Very good. Very good what I wanted 11 to ask you, though, about your Navy service: 12 Your time on -- that short time on a vessel, 13 am I correct that you never witnessed any pump 14 or valve or other Navy equipment maintenance 15 being -- or work being performed while you 16 served in the Navy? 17 A. That's correct. 18 Q. Okay. Turning to Paragraph 13 of 19 your report. Tell me when you get there. 20 A. Yes, sir. 21 Q. It states: Their reports, referring 22 to Millette and Parker's, document exposures 23 to asbestos from various products used on and 24 within this equipment, including insulation, 25 gaskets and packing which exposure levels were Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 62 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 63 1 significant from a medical standpoint. Did I 2 read that correctly? 3 A. Uh-huh. Yeah. 4 Q. My question to you is: How do you 5 define "significant" from a medical 6 standpoint? 7 A. Um, the definition in terms of being 8 above as OSHA has defined it, the final rule 9 from OSHA accepted from the Environmental 10 Protection Agency, accepted just about from 11 every country in the world as far as I know, 12 would be point one fiber per cc over an 13 eight-hour period. 14 Q. So point one fiber per cc 15 time-weighted average over eight hours. 16 A. Yes, sir. 17 Q. And anything below that would not be 18 significant exposure from a medical 19 standpoint? 20 A. No. That's not true. 21 Q. Okay. Well, that's really what I'm 22 trying to get at. You are the man offering 23 the opinions. 24 A. Right. 25 Q. Is it your opinion that any exposure Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 63 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 64 1 to asbestos is significant from a medical 2 perspective? 3 A. What it amounts to is that in 4 regards to -- how can I put this? In regards 5 to, I guess, the best way is consensus of 6 medical experts in the field, there is no 7 threshold. And if you look at even the EPA 8 stuff, Doctor Nicholson, and OSHA and everyone 9 else acknowledges that there is no known 10 threshold of below point one. Point one has 11 just been designated; point one fibers per cc 12 has just been designated, but that doesn't 13 mean you can't develop a malignant 14 mesothelioma lower than that. 15 But the issue here, for me, is 16 evaluating Mr. Bell in regards to what's 17 called qualitative cumulative assessment, 18 which is how many fibers per cc and going over 19 it from a question -- and if I'm not speaking 20 loud enough please tell me. 21 Q. I will. So far I'm hearing you. 22 A. Going over an assessment of the 23 significance of what he received versus what 24 the historical data is; and, in my expert 25 opinion, his exposures that he received were Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 64 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 65 1 most consistent with elevated fibers per cc 2 that resulted in his malignant mesothelioma. 3 Q. What do you mean by elevated? 4 Elevated above what? 5 A. Well, if -- if you -- if you look 6 at the data, you know, like Doctor Millette's 7 data when he talks about valve and gasket and 8 packing, Doctor Millette said that when it 9 comes to gaskets, he -- when they did 10 measurements on these kind of -- I'm trying 11 to put it right now -- on pumps, turbines, 12 valves, and so on, that the amount of fibers 13 using electron microscopy for gaskets in terms 14 of -- was -- as I recall, it was something 15 like 44 or 48 fibers per cc, which is pretty, 16 pretty high. It's obviously more than one 17 fiber -- point one fiber per cc. And even if 18 you divided by the -- by the factor of six. 19 And when it came to packing, it was between 20 point 25 and point 42. 21 So Millette's data is pretty 22 significant in terms of it being in excess. 23 And when you look at other data, it's 24 consistent with that. And some data it's even 25 higher than that. Let me see here. I'm not Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 65 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 66 1 sure how to pronounce his name -- 2 McKinnery. 3 Q. Who? 4 A. McKinnery. It's on my thing there. 5 And his data was even higher when it came to 6 gasket. Removal of a gasket was between point 7 nine fibers per cc and 18 fibers per cc in 8 electron microscopy. And the packing went 9 from point -- let me see here -- went from 10 four fibers per cc to 20 fibers per cc and so 11 pretty -- pretty significant numbers. 12 Q. So -- 13 MS. ADAMS: 14 Objection to the non-responsive 15 portion. 16 THE WITNESS: 17 And if you want I can write them 18 down, because it's easier for me to write than 19 it is to just think. 20 EXAMINATION BY MR. HART: 21 Q. The numbers that you just related 22 are the numbers that you rely upon in 23 rendering your opinions in this case, 24 correct? 25 A. Yes, sir. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 66 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 67 1 Q. Okay. And you keep using exceed, 2 because there is some magic number, I think, 3 above which you would consider as a medical 4 doctor to be a significant exposure from a 5 medical standpoint. I still don't think 6 you've clearly answered that one. What is 7 that number? 8 MS. ROUSSEL: 9 Object to the form of the 10 question. 11 THE WITNESS: 12 I don't -- I'm not sure I 13 understand what the question is. Could you 14 repeat it? 15 EXAMINATION BY MR. HART: 16 Q. Is there a level of exposure above 17 which is you consider medically significant 18 but below which you do not consider medically 19 significant? 20 A. Right. Boy, I don't understand that 21 question at all. 22 Q. You don't -- which part of it do 23 you not understand? 24 A. Well, you said something about above 25 and then below. Are you asking me at what Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 67 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 68 1 levels? Because the levels vary all over the 2 place. 3 Q. I'm asking you: What level above 4 which you consider an exposure to be medically 5 significant? And you -- was it the point 6 one -- point one fiber cc that you gave or 7 something? 8 A. OSHA defines it as point one fiber 9 per cc, and that's the OSHA definition for 10 limitations in terms of measurements -- in 11 terms of measurements that they check or they 12 would have checked in regards to what's 13 acceptable. Anything above that, OSHA would 14 have considered unacceptable exposure. I 15 don't know if that answers your question or 16 not. 17 Q. Well, let me see if I can clarify. 18 For purposes of trial; if we are in trial and 19 you are asked what a given -- what 20 constitutes a significant exposure versus an 21 insignificant exposure -- is the point one 22 fiber per cc time-weighted average the number 23 you're going to testify to? 24 A. Well, here's -- you mention -- you 25 did two things. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 68 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 69 1 Q. Sir, it's a "Yes" or "No." I'm not 2 trying to be rude. You can explain all you 3 want. I need a "Yes" or "No" to that 4 question? 5 A. I can't give you a yes or no. 6 Q. You can't? 7 A. No. 8 Q. There is no number you can give me 9 that above which is significant/below which is 10 insignificant from a medical standpoint? 11 MS. ROUSSEL. 12 Object to the form of the 13 question. 14 THE WITNESS: 15 My answer to you is: If you look at 16 Doctor Nicholson's work -- 17 EXAMINATION BY MR. HART: 18 Q. Sir, I'm not asking you about Doctor 19 Nicholson. 20 MS. ROUSSEL: 21 He is answering your question and he 22 is giving you the literature. 23 MR. HART: 24 I don't want the literature. I just 25 want to know what number he uses. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 69 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 70 1 MS. ROUSSEL: 2 I object to the form of the 3 question. He said he did a qualitative 4 analysis, not a quantitative analysis. 5 MS. ADAMS: 6 Object to the form of the question. 7 THE WITNESS: 8 So you are asking me something that 9 the only answer I can give you is a literature 10 based answer which is what is accepted by the 11 scientific community. But if you look at it, 12 even with that, if you look at 13 Doctor Nicholson's data, which the OSHA has 14 accepted and EPA has accepted, is even if 15 Doctor Nicholson's data at point one fiber per 16 cc averaged over an eight-hour period -- 17 point one -- they still say that there would 18 be 6.8 malignant mesotheliomas per 100,000 19 asbestos exposures. So you can't put a limit 20 on it. At ten, it's 684 malignant 21 mesotheliomas, at point -- less than point 22 one fibers per cc. So, I mean, at ten fibers 23 per cc. 24 So the answer to your question is: 25 No one, the International Cancer Research, Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 70 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 71 1 International Agency of Cancer Research, IARC, 2 NIOSH, N-I-O-S-H, here in this country; EPA; 3 OSHA has ever been able to define what is the 4 threshold because we don't know what the 5 threshold is. If we don't know what the 6 threshold is, we can't comment about how low 7 or how high. And I can't -- I can't comment 8 anymore -- and that's not -- that's not what 9 I'm saying. That is what is defined. That's 10 the definition. But it doesn't mean it can't 11 be less than that or it can't be more than 12 that. These are definitions that is the 13 consensus of the medical scientific community. 14 And what you are asking me personally is what 15 do I think about it? And my answer is: I 16 accept the fact of what the International 17 Agency for Research on Cancer; World Health 18 Organization; EPA; and NIOSH in this country 19 and OSHA, Occupational Safety and Health 20 Agencies say. 21 And a good example of that would be 22 Doctor Greenberg, who looked at -- in the 23 '60s -- about ships. And I think -- let's 24 see here. Greenberg in '67 and '68 found 75 25 cancers of asbestos malignant -- excuse me -- Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 71 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 72 1 malignant mesothelioma on ships. The next 2 number I think was like 39. And that was in 3 asbestos workers. But what he discovered when 4 he looked at all of this, and he looked at his 5 own data, there was one person who had a 6 three-week exposure and one who had a one-day 7 exposure. 8 Now, OSHA has taken that; and, in 9 their opinion, this is a Government agency, 10 which now everybody accepts. What they said 11 is -- is asbestos exposure of one day has 12 caused -- not may cause or could cause -- 13 has caused malignant mesothelioma in humans. 14 So what you are asking me is what is 15 the threshold, and I can't -- I can't answer 16 that. All I can say is that's the accepted 17 medical opinion. 18 MS. ADAMS: 19 Object to the non-responsive 20 portion. 21 EXAMINATION BY MR. HART: 22 Q. Okay. So if this -- as a hypothet 23 an individual with mesothelioma has changed 24 one ABC packing and one ABC valve during his 25 lifetime that resulted in some sort of -- Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 72 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 73 1 some dust in the air at the time. Do you 2 consider that to be a medically significant 3 exposure relative to his contraction of 4 mesothelioma? 5 A. That's an interesting question. 6 Q. What's the answer to it, sir? 7 A. And the reason that it's an 8 interesting question is twofold. Number 1, 9 it's the argument of how many angels are 10 dancing on the head of the pin. But the other 11 is there is a physician whose name was 12 Hillerdal, who was the first one to discuss a 13 dialogue about peak concentration. So what 14 does peak concentration mean? How much 15 concentration did that individual get on that 16 one exposure. And the answer is: I can't 17 answer that. 18 Debbie Reeve, who was an EMT during 19 the tragedy of 9/11 had one day of exposure -- 20 one day. And my understanding it was only for 21 a couple of hours, okay. And she died at the 22 age of, I want to say, 24 of malignant 23 mesothelioma. And she had a one-day exposure. 24 But certainly that was a peak concentration. 25 And there are others that have had a one-day Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 73 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 74 1 exposure as well. So I can't really say to 2 you and answer your question. And the reason 3 I can't is that I don't know what the peak 4 concentration that individual had. And so I 5 can't answer the question. I don't know the 6 answer to that question. 7 Q. Okay. 8 MS. ADAMS: 9 Object to the non-responsive 10 portion. 11 EXAMINATION BY MR. HART: 12 Q. Sir, do you plan on giving 13 information or testimony specific to what any 14 particular defendant knew or should have known 15 at any given period of time regarding 16 asbestos? 17 MS. ROUSSEL: 18 His report lays out -- if you are 19 referring to State of the Art, his report lays 20 out his opinion on that. Of course we are 21 going to be asking him that. 22 MS. ADAMS: 23 Objection to the colloquy. 24 THE WITNESS: 25 Would you repeat the question. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 74 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 75 1 EXAMINATION BY MR. HART: 2 Q. Yes. State of the Art, we refer to 3 that as what the State of the Art of knowledge 4 was in a given field at a given point in time. 5 A. Yeah. 6 Q. And my question to you is: Have you 7 done any work, or have you reviewed any 8 documents, that would allow you to testify as 9 to what any particular defendant in this case 10 knew about the hazards of asbestos and when 11 they knew it? 12 A. I'm sure I could in regards to -- 13 Q. Have you? Have you? Have you done 14 this work? 15 MS. ROUSSEL: 16 He is going to be giving general 17 State of the Art knowledge information as 18 outlined in his report. 19 MS. ADAMS: 20 Objection to the colloquy. 21 THE WITNESS: 22 Have I -- go ahead and repeat the 23 question again. 24 EXAMINATION BY MR. HART: 25 Q. No problem. Do you have any Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 75 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 76 1 information about any particular defendant in 2 this case about what they knew or when they 3 knew it about the potential hazards of 4 asbestos? 5 A. Oh, that's a good question. And my 6 answer to that is that if you look at the 7 Walsh-Healey of -- well, that's what you 8 asked. 9 Q. No. I asked you about your 10 knowledge of particular defendants. 11 A. No. That's not what you just 12 asked. 13 Q. No. It's exactly what I just asked. 14 Will you read back my question for me, please. 15 THE COURT REPORTER: 16 Do you have any information about 17 any particular defendant in this case about 18 what they knew or when they knew it about the 19 potential hazards of asbestos. 20 THE WITNESS: 21 Okay. Well, my answer to that 22 question is -- is that when you look at the 23 Walsh-Healey Act of '42 and of '51, they 24 recognized very clearly that there were issues 25 with that. If you look at the reports on Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 76 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 77 1 ships and stuff, they -- this is stuff that 2 was known. There was a meeting here in town. 3 I want to say it was -- it was at Tulane in 4 1943, I think it was, and on -- just ongoing 5 over the Walsh-Healey Act. And also I think 6 it was in Mississippi as well that they had a 7 second one. So my answer to that is: Yeah, 8 they should have known. 9 Q. Okay. I didn't ask you should they 10 have known. I asked you: Do you have any 11 information that they did know? 12 MS. ROUSSEL: 13 Did who know? 14 MR. HART: 15 Any particular defendant. 16 MS. ROUSSEL: 17 Give him the name of the defendant. 18 MR. HART. 19 I'm not going to give him a name. 20 EXAMINATION BY MR. HART: 21 Q. You know what, I'm going to back up. 22 Who are the defendants in this case? 23 A. Um -- 24 Q. It's okay if you don't know. 25 A. I'd have to look at Doctor Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 77 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 78 1 Millette's reports. 2 Q. Okay. You don't need to do that. 3 Thank you. That answers that question. So 4 what are the different major -- or the 5 different commercial -- forms of asbestos? 6 A. You mean different asbestos types? 7 Q. Yes. 8 A. Well, you have the amphiboles, which 9 are the most common of the ones that we are 10 really concerned about: Crocidolite, amosite, 11 anthophyllite, actinolite, and then you have 12 Chrysotile, which is the serpentine. 13 Q. When did you learn that -- what you 14 just described to me? 15 A. I have no idea. 16 Q. Was it in the past couple of years 17 or was it something you knew going back during 18 your regular practice? 19 A. Oh, okay. Oh, one of the things, 20 because I had seen so many cases of malignant 21 mesothelioma, I would have to say I've known 22 about that for years and years. And when I 23 was at Tulane, I used to give talks to the 24 students in terms of terminal illnesses and 25 how to talk; and, I always used mesothelioma Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 78 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 79 1 as an example and dialogued with them about 2 the different fibers and what it meant and 3 also some of the folly in terms of chrysotile 4 not causing malignancy, not causing malignant 5 mesothelioma. And I would have to say I've 6 known about it for some time. 7 Q. Do you believe that there is a 8 difference in potency amongst various fiber 9 types in causing -- in their potential for 10 causing mesothelioma? 11 A. It used to be felt that the 12 difference between amphibole and serpentine 13 was 500 to one. But there has been data that 14 says it's much closer perhaps to 50 to one. 15 And both in Australia through their 16 Occupational Safety and Health Agency and 17 also, I want to say, it was Norway in their -- 18 with a -- spatial planning is what they do. 19 That's the name of the agency -- is 20 Environmental Spatial Planning. Both of them 21 have said several years ago that there was a 22 consensus in the medical community that, first 23 of all, chrysotile fibers were the major cause 24 of malignant mesothelioma; and, the second was 25 that they considered themself to be equal in Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 79 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 80 1 carcinogenic capacity. 2 Certainly if we look at the 3 literature, you can say very clearly that 4 chrysotile fibers cause malignancy, and they 5 cause malignant mesothelioma. And you can 6 go -- we can go way back on that. There are 7 studies -- and it's kind of one of my 8 favorite studies by a guy named Mancuso who 9 looked at railroad mechanics and -- 10 Q. Sir, we are getting so far afield 11 from my question. 12 A. Okay. 13 Q. I'm paying for your time. 14 A. You are asking. Okay. 15 Q. So I'd appreciate if you would 16 respect that. 17 A. You want me to put 20 dollars on the 18 table. 19 MS. ROUSSEL: 20 You are going to let the Doctor 21 answer the question. 22 MR. HART: 23 I'm go going to reask the question 24 to remind him of what the question was. 25 EXAMINATION BY MR. HART: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 80 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 81 1 Q. The question was: Do you believe 2 that there is a difference in the potency to 3 cause mesothelioma amongst different fiber 4 types? It's a "Yes" or "No" question. 5 MS. ROUSSEL. 6 And he's answered that and he's 7 giving you the literature that supports his 8 opinion. 9 EXAMINATION BY MR. HART: 10 Q. Sir, is the question "Yes" or "No"? 11 I heard the explanation, but I never heard the 12 "Yes" or "No." 13 A. My explanation is I go on the 14 literature. 15 Q. And what is your appreciation of the 16 literature? 17 A. The literature is confusing in terms 18 of that. And I think that the most accepted 19 now is a 50 to one. 20 Q. Okay. That's good. 21 A. But I'm not sure if that's true or 22 not. And I'll tell you why I'm not sure. 23 Regardless -- 24 Q. I didn't ask you why you are not 25 sure. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 81 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 82 1 MS. ROUSSEL: 2 He can explain his answer. 3 MR. HART: 4 He gave me an answer. Go ahead. 5 Speak all you want. 6 THE WITNESS: 7 Thank you. 8 MS. ADAMS: 9 No, not speak all you want. 10 MS. ROUSSEL: 11 Wait. Let him answer the question 12 as to what the literature states with regard 13 to the specific question you asked. That's 14 what he is trying to do here. 15 THE WITNESS: 16 My answer to you is: That 17 chrysotile today has been attributed to more 18 malignant mesotheliomas than any other fiber 19 type, because it was one that was very 20 commonly used. And I can't answer it any 21 other way. That's what the literature says. 22 And if you want me to go through a litany of 23 the literature because obviously you don't, I 24 won't do it. 25 MR. HART: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 82 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 83 1 Thank you, sir. 2 MS. ADAMS: 3 I object to the non-responsive 4 portion. 5 MR. HART: 6 I object to the non-responsive 7 portion. Move to strike everything after "50 8 to one" because that was the answer to my 9 question. 10 EXAMINATION BY MR. HART: 11 Q. You agree with the basic proposition 12 that every -- each patient is an individual 13 and responds to a disease process and 14 treatment, and so forth, as an individual? 15 A. Yes. 16 Q. Okay. And not every patient is 17 going to have identical symptoms for a 18 particular disease compared to the next 19 patient with the same disease, correct? 20 A. Yes. 21 Q. Not every patient is going to 22 experience symptoms to the same degree for a 23 particular disease compared to another patient 24 with the same disease, fair? 25 A. Correct. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 83 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 84 1 Q. In terms of the diagnosis of 2 malignant mesothelioma of Mr. Bell, you 3 accepted the findings of the pathologist in 4 the medical records that you read? 5 A. M.D. Anderson, Baylor, and East 6 Jeff. 7 Q. You had no reason to doubt those, 8 did you? 9 A. Pardon me. 10 Q. You had no reason to doubt those, 11 did you? 12 A. They signed out the reports, and I 13 accept what they signed out. 14 Q. Okay. 15 A. And they were signed out on August 16 26th, 2015. Or at least that's what the 17 pathologist at East Jeff signed it out. He 18 was the chief pathologist. 19 MR. HART: 20 Thank you, sir. I think I'm going 21 to pass -- move on to the next questioner. I 22 appreciate your time. Thank you for your 23 time. 24 EXAMINATION BY MR. MITCHELL: 25 Q. My name is Rick Mitchell. I'm going Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 84 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 85 1 to have some questions for you, okay. Can you 2 hear me fine here? 3 A. Yes, sir. 4 Q. Can you hear me? 5 A. I can. I can. 6 Q. You mentioned in your discussion a 7 little while ago, you said something and I 8 wrote it down. I want to make sure I wrote it 9 down right -- that I understood what you were 10 saying. You gave us an example, I think, of 11 either somebody you know or something you had 12 read about a lady who had been exposed to 13 asbestos for -- during one day of her life -- 14 known -- and for maybe just a couple of 15 hours. You remember talking about that? 16 A. That's correct. 17 Q. Okay. And did I get it right that 18 you said that she died at age 24? 19 A. I believe it was age 24. 20 Q. Okay. Was this the 9/11 exposure -- 21 A. Yes, sir. 22 Q. -- that you had mentioned? 23 A. Debbie Reeve. And I might be wrong 24 about the age, but I know that she died of 25 malignant mesothelioma with a one-day Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 85 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 86 1 exposure. 2 Q. Was she exposed -- 3 A. And, oh, excuse me, I can't remember 4 the exact date -- her birthday -- but as I 5 recall, it was four to six years afterwards 6 that she died. 7 Q. And that's where I was going. 8 A. Peak concentration. 9 Q. That's exactly where I was going. 10 How long after this exposure was it that she 11 died? 12 A. I believe it was either four or six 13 years. 14 Q. Okay. And you probably know where 15 I'm going with the next question. 16 A. You betcha. I'm ready. 17 Q. I'm not trying to get you. I'm just 18 curious, you know. Does that bring into 19 question what I have always thought has been 20 the well established factor, I guess, in 21 developing mesothelioma of the latency period? 22 Is that about the shortest latency period that 23 you've heard of? 24 A. What is your name again, sir? 25 MR. HART: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 86 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 87 1 Jody. 2 THE WITNESS: 3 He already asked me about how people 4 react differently. So let's go over that a 5 little bit. As I said, Greenberg describes a 6 case of three weeks, one at one day. There 7 was an exposure by a child who had three 8 months of exposure and then subsequently died 9 of mesothelioma, malignant mesothelioma. 10 Kids -- the author was Pedrotti. 11 But I think what you are asking is: Can you 12 have less time than that -- than the rule of 13 ten years or above? And the answer to that 14 is: Yes. Yes, you can. 15 Q. Are you through? 16 A. Yes. 17 Q. Okay. My question was: Did -- 18 this lady's latency period was four to six 19 years. Is that the shortest that you have 20 ever heard of or read about? 21 A. Let me see here. Latency periods 22 have been fairly brief, and I think it's more 23 of a question of how much exposure they had 24 and how many days of exposure. And that can 25 be fairly short. But if you are asking me how Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 87 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 88 1 many have expired after that, let's see, 2 Scurry describes a case where a person had 3 expired of malignant mesothelioma six years 4 afterwards. There are cases in the literature 5 where their time of exposure has been very 6 very short. And I think you can go more by -- 7 more of that than the time of death. Can it 8 happen? It happened to Debbie Reeve. Is that 9 an unusual position? The answer is: Yes. 10 But if you are asking me in terms of the 11 literature of how many days of exposure they 12 had, rather than the -- 13 Q. I was not. 14 A. -- that's a different question. 15 Q. Yeah. I wasn't talking about 16 exposure at all. I was talking about latency 17 period. But you answered it. That's fine. 18 In looking at your report that's been referred 19 to a couple of times, do you have that in 20 front of you. 21 A. Yes, sir. 22 Q. Okay. Look on -- look on the 23 bottom of the second page, I guess, back on 24 Paragraph 13. Are you there? 25 A. Yes, sir. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 88 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 89 1 Q. All right. As a medical -- this is 2 what it says: As a medical doctor, I 3 performed a qualitative cumulative assessment 4 of Mr. Bell's exposures to asbestos; 5 correct? 6 A. That's correct. 7 Q. Okay. What is -- what is that and 8 what steps did you take to perform that 9 assessment? 10 A. Reading. 11 Q. Sir? 12 A. Reading. I read, you know. 13 Q. Tell me -- 14 A. -- Doctor Millette's report, 15 Mr. Parker's report, and compared that to the 16 literature. 17 Q. So your assessment was to read 18 Millette's report, Parker's report, and view 19 the literature? 20 A. In regards to Mr. Bell, yes, sir. 21 Q. Yeah. And so that's the 22 assessment -- that's the cumulative -- the 23 qualitative cumulative assessment that you did 24 in this particular case? 25 A. In this particular case, yes, sir. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 89 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 90 1 Q. And in reviewing that, what did you 2 consider to be important with regards to the 3 reports of Millette and Parker? In other 4 words, what information were you searching for 5 in their reports for you to come up with your 6 assessment? 7 MS. ROUSSEL: 8 Object to the form of the question. 9 And he said the literature as well. 10 MR. MITCHELL: 11 That's fine. 12 THE WITNESS: 13 I think mostly the packing and the 14 valves and also the gaskets, which he 15 describes and -- Mr. Bell describes quite, 16 quite accurately in terms of his workload and 17 what he did and what his exposure was. In 18 terms of what we would presume his exposure to 19 be. 20 EXAMINATION BY MR. MITCHELL: 21 Q. Did you make any quantitative 22 analysis of it at all? 23 A. No. I -- 24 Q. Okay. Did you -- what variables 25 did you consider when viewing the exposures of Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 90 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 91 1 Mr. Bell, if any? 2 A. I don't understand the question. 3 Q. What variables of Mr. Bell's 4 exposures did you consider when you came up 5 with your assessment? 6 A. The variables. 7 Q. Or if any? 8 A. Okay. I pretty much regarded the 9 literature and what -- what levels can cause 10 malignant mesothelioma. And his levels, 11 according to the literature, were high and 12 certainly high enough and compatible with 13 causing malignant mesothelioma in terms of 14 limits. 15 Q. So the level of exposure, that was 16 the variable that you looked at? 17 A. Well, yeah, the level of exposure 18 that he would have gotten in terms of what the 19 literature says. 20 Q. Okay. Any other variable, other 21 than level of exposure? And I'm not implying 22 that you did. I'm just asking. So -- I 23 don't want to hear it for the first time on 24 the witness stand? 25 A. No. Most of the stuff was the Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 91 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 92 1 variables -- 2 Q. Sir -- 3 A. It was in terms of the variables 4 that he received -- that we can presume he 5 received -- according to the literature and 6 the literature is saying that at these levels 7 it's compatible with developing a malignant 8 mesothelioma. 9 Q. Okay. Okay. I understand that. I 10 understand. And that's what you answered just 11 a minute ago. I'm just asking if there is any 12 other variable, other than the level of 13 exposure. Those were your words. I'm saying 14 is there anything else? 15 A. The level of exposure would have 16 also been when he describes the intensity of 17 his exposures. When he describes it, he 18 describes it in terms of asbestos dust being 19 all over the place. He describes it in terms 20 of when he did gasket installation, putting in 21 a rag in the pipe so that there wouldn't be 22 any dust in the pipe; doing gasket removal at 23 that time and using everything from a pocket 24 knife, small tools -- I think he said a putty 25 knife -- I'm not sure -- or a flat knife and Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 92 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 93 1 even at times just blowing on it, he said that 2 they gave him a metal stylist but he didn't 3 feel he could get everything out. And doing 4 that -- replacing and then pulling out the 5 rag, which was dusty; and, as I said, he -- 6 his -- from what he describes, there was 7 asbestos dust all over the place. 8 And when you look at the literature 9 in terms of on ships, there is a guy by the 10 name of Harries, H-A-R-R-I-E-S; and, what he 11 showed in ships in the engine room and boiler 12 room, which is where he worked, his literature 13 states that between 91, excuse me, 97 and 91 14 fibers per cc, and that's -- that's 15 extraordinarily high. And in the storage 16 areas, it was -- I want to say it was like 17 167 fibers per cc. So certainly those are 18 levels, according to the literature, that are 19 most compatible with as Hillerdal described it 20 a peak concentrations; certainly levels that 21 are high enough to cause malignant 22 mesothelioma. 23 MR. MITCHELL: 24 Okay. Object to the 25 non-responsiveness. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 93 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 94 1 MS. ADAMS: 2 Join and move to strike after 3 intensity of exposure. 4 EXAMINATION BY MR. MITCHELL: 5 Q. You didn't -- do -- you didn't 6 undergo or undertake any work or to rank 7 Mr. Bell's exposures that he testified to 8 while he was in the Navy? Can you -- when I 9 say, "rank," I mean, rank as far as level of 10 exposure or intensity? 11 MS. ROUSSEL: 12 Object to the form of the 13 question. 14 THE WITNESS: 15 Well, in terms of -- again, in 16 terms of literature, and that's all I can go 17 back to. If you look at Doctor Roggli and 18 Doctor Butnor. Roggli's paper, I think, was 19 2002; Butnor's which is essentially the same 20 thing was in 2000. 21 When you look at that paper out of 22 the 1445 cases that were reviewed, 289 of them 23 were in ships. Out of that, I believe it was 24 75 were Naval ships. But when you looked at 25 the machinists on that group of 289, 89 of Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 94 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 95 1 them -- it's either 85 or 89 of them were 2 machinists. So the risk of a machinist 3 developing malignant mesothelioma was high. 4 Bianchi who did, I want to say, it was 249 out 5 of 811 patients or malignant mesotheliomas 6 that he looked at, out of that 811, 449 worked 7 in shipyards and worked directly on ships 8 either making or repairing ships, primarily 9 repairing ships. And I think the 10 literature -- I can go on and on. The 11 literature is very complete in terms of 12 individuals on ships and mechanics who develop 13 malignant mesothelioma. I think it's a -- 14 it's very compatible. 15 MS. ADAMS: 16 Object to the non-responsive 17 portion. 18 EXAMINATION BY MR. MITCHELL: 19 Q. My question was whether you did 20 anything to rank Mr. Bell's exposures that he 21 testified? Now and I will preface that by 22 saying: I didn't see anything in your report. 23 So I'm assuming you didn't. If you did, I 24 would like to hear about it. 25 A. What you are talking about is the Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 95 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 96 1 difference between quantitative and 2 qualitative. 3 Q. So is the answer just: No? 4 I mean -- 5 A. I did a qualitative analysis 6 compared to the literature. I didn't do a 7 quantitative analysis. 8 Q. So then the answer is: No. That's 9 fine. 10 A. Is that what you were asking? 11 Q. Sometimes the best answer is just, 12 "No," you know. 13 A. Well, I didn't understand what you 14 were -- I want to comment to that. And that 15 is: I didn't understand. If you would have 16 just said: Did you do a qualitative or 17 quantitative, I could have explained that. I 18 didn't understand. 19 Q. Okay. I'll try to ask better 20 questions. I think you were asked earlier by 21 Ms. Adams that you were not going to be 22 providing any specific testimony with regards 23 to a particular manufacturer of equipment; 24 and, you said you were not. 25 MS. ROUSSEL: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 96 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 97 1 By name. 2 EXAMINATION BY MR. MITCHELL: 3 Q. By name? 4 A. By name, yes, sir. 5 Q. That's what I mean -- the 6 particular manufacturer. 7 A. Correct. 8 Q. Are you going to -- do you 9 anticipate offering any testimony with regards 10 to any particular exposure? And I'm not 11 talking about his eight years in the Navy. 12 I'm talking about any particular exposure that 13 you -- that you can point to? 14 A. In other words -- in other words, 15 looking at Doctor Millette's data? 16 Q. No. 17 A. Looking at Mr. Parker's data and 18 saying, "This data is entirely compatible with 19 someone developing malignant mesothelioma, 20 sure." I would do that. 21 Q. I don't think that was my question. 22 And, again, I may not have asked a good one. 23 Are you going to offer any particular -- 24 MS. ADAMS: 25 Object to the non-responsiveness. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 97 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 98 1 EXAMINATION BY MR. MITCHELL: 2 Q. Are you going to offer any 3 particular testimony, or do you anticipate 4 with regards to any specific exposure that 5 Mr. Bell testified to any particular; not just 6 in general; not his every day what he did. 7 Any particular exposure? 8 MS. ROUSSEL: 9 Object to the form of the question. 10 THE WITNESS: 11 Well, the answer to that is that 12 it's not a question of one exposure or two 13 exposures. This gentleman was exposed 14 literally every day from 1960 to 1968, I 15 believe it was. He was exposed every day. So 16 what you are asking me is which one of the 17 exposures caused malignant mesothelioma. And 18 my answer back is: They all did. 19 MS. ADAMS: 20 Object to the non-responsive 21 portion. 22 EXAMINATION BY MR. MITCHELL: 23 Q. So you are saying every exposure 24 would have contributed to his meso? 25 MS. ROUSSEL: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 98 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 99 1 Object to the form of the question. 2 EXAMINATION BY MR. MITCHELL: 3 Q. Is that what you just said -- that 4 every exposure would have contributed to his 5 mesothelioma? 6 A. I'm sorry. Every exposure, 7 according to the consensus of the scientific 8 community, would be cumulative. So I can't 9 identify which exposure caused malignant 10 mesothelioma and which one didn't. So all you 11 can go on is what is the cumulative exposure 12 that he had and could this have caused 13 malignant mesothelioma. I can't talk about a 14 single exposure. 15 Q. Okay. Great. And that was my 16 question. That was my question. You answered 17 it finally. 18 A. Okay. 19 Q. Okay. But I asked another question 20 to follow it up and you kind of hit around it 21 a little bit and then scurried down the road. 22 Is it your testimony that every single 23 exposure would have contributed to his 24 disease? 25 MS. ROUSSEL: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 99 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 100 1 Object to the form of the 2 question. 3 THE WITNESS: 4 Again, it's a cumulative effect, and 5 I can't tell you which exposures -- 6 EXAMINATION BY MR. MITCHELL: 7 Q. I didn't ask "which." I said are 8 you -- is it your belief that all 9 contributed? That's the question. 10 MS. ROUSSEL: 11 Object to the form of the question. 12 THE WITNESS: 13 That all of the exposures 14 contributed to his malignant mesothelioma? 15 EXAMINATION BY MR. MITCHELL: 16 Q. Yes, that's the question. 17 A. I would have to say that regarding 18 the consensus of the scientific community, 19 that's correct. 20 Q. Okay. 21 A. But if you are asking me which ones 22 did and which ones didn't, I can't answer 23 that. 24 Q. No. I didn't ask -- 25 MS. ROUSSEL: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 100 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 101 1 You got it. 2 EXAMINATION BY MR. MITCHELL: 3 Q. No, I did not ask that. You think 4 that the Navy had a duty to protect its 5 servicemen? 6 MS. ROUSSEL: 7 Object to the form of the question. 8 Calls for a legal conclusion. That is not 9 this doctor -- what this doctor is here 10 for. 11 EXAMINATION BY MR. MITCHELL: 12 Q. You served in the Navy, right? 13 MS. ADAMS: 14 Object. Non-responsive. 15 THE WITNESS: 16 Yes, sir. 17 EXAMINATION BY MR. MITCHELL: 18 Q. You think they had a duty to protect 19 you? 20 MS. ROUSSEL: 21 Objection. Calls for a legal 22 conclusion. 23 THE WITNESS. 24 In terms of protecting me or 25 protecting him, I think in 1960 through 1968 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 101 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 102 1 it was known at that time -- and you can go 2 back -- it was known that malignant -- 3 asbestos was a carcinogen and could cause 4 malignant mesothelioma. And I think the 5 responsibility rests with everyone. I don't 6 think it's just the responsibility of the 7 Navy. I think it's also the responsibility of 8 the people who did the -- the various 9 equipment and turbines and everything else. 10 There was no real warnings in terms of -- 11 Q. You are not -- you are not an 12 expert on warnings. You are not going to be 13 testifying -- 14 MS. ROUSSEL: 15 Object to the form of the question. 16 You are asking this doctor a question with 17 regard to duty. I objected on the basis -- 18 let me finish. You asked him something that I 19 objected to on the basis that calls for a 20 legal conclusion. Then you can -- you're 21 going to interrupt him in the middle of his 22 answer and say you do not like his answer. Do 23 you have a different question? 24 MR. MITCHELL: 25 No. I don't care what his answer Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 102 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 103 1 is. I'm really not sure what his answer is. 2 The question was: Did the Navy have a duty to 3 protect? 4 MS. ROUSSEL: 5 And he answered that. 6 EXAMINATION BY MR. MITCHELL: 7 Q. And the answer was what? 8 MS. ROUSSEL: 9 Along with everyone else. 10 THE WITNESS: 11 Yes. 12 MS. ADAMS: 13 Object to the non-responsive portion 14 and colloquy of plaintiff's counsel. I object 15 to both. 16 MR. MITCHELL. 17 I might be finished. 18 MS. ROUSSEL: 19 Are you finished, Mitch? 20 MR. MITCHELL: 21 I think -- I think -- I thought I 22 had a star somewhere that I wanted to ask 23 something about. 24 MS. ROUSSEL: 25 You want to pass him and you can Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 103 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 104 1 come back if you need to. 2 MR. MITCHELL: 3 You want to take a break? That's 4 fine. 5 MS. ROUSSEL: 6 No. We can get somebody on the 7 phone. We've got people on the phone. 8 MR. MITCHELL: 9 That's fine. Go to the phone. 10 If -- anybody on the phone -- 11 MS. ADAMS: 12 Anybody with a line of questions? 13 MR. TYNER: 14 Yes. This is Tom Tyner. I have a 15 few. 16 MS. ADAMS: 17 All right. Tom, go ahead. 18 EXAMINATION BY MR. TYNER: 19 Q. It's good to see you, Gerolyn. You 20 haven't changed in ten years. 21 MS. ROUSSEL: 22 Hey, Tom, how are you doing? You 23 wouldn't come down here to visit. 24 EXAMINATION BY MR. TYNER: 25 Q. Doctor Kraus, let me just ask you a Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 104 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 105 1 few questions. My client is in the 2 refrigeration equipment business. I'm going 3 to try to limit my questions to the 4 refrigeration equipment that you have referred 5 to in your report. 6 A. Yes, sir. 7 Q. If I get afield of that, then I 8 apologize. They will just be in the nature of 9 follow-up questions. You had indicated that 10 based on the reports from Millette, from the 11 report of Parker; and, from the testimony of 12 Bell, you determined that there were exposures 13 to asbestos-containing products from various 14 pieces of equipment. Have I reached the right 15 conclusion. 16 MS. ROUSSEL: 17 Object to the form of the question. 18 And he also said the review of the literature. 19 THE WITNESS: 20 Could you repeat the question. I'm 21 sorry. 22 EXAMINATION BY MR. TYNER: 23 Q. You indicated in your report that 24 you filed in this case that the exposures that 25 Mr. Bell had; and, from the reports from Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 105 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 106 1 Mr. Parker, from Mr. Millette and from 2 Mr. Bell's own testimony, were there any other 3 sources of information that you relied on in 4 order to quantify or qualify his exposures? 5 A. Well, yes, sir, and that would be 6 the literature. 7 Q. Well, I listed the literature. I 8 guess you better help me with this. Tell me 9 which of your literature items indicate any 10 stage asbestos exposure or asbestos fiber 11 release from service of refrigeration 12 equipment? 13 A. Well, it would be in regards to the 14 insulation and what -- again, what Mr. Bell 15 talked about was the fact that he was exposed 16 to the insulation in refrigeration products, 17 as well as everything else. And he talks 18 about that in terms of his own exposure. 19 And according to the Helsinki 20 Criteria and just about everybody else; and, 21 again, the consensus of the scientific 22 community is that he had exposure from the 23 asbestos in all of the things that he worked 24 on. And all of them contributed to his 25 malignant mesothelioma. So what you are Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 106 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 107 1 asking me is: Can I identify which ones of 2 the fibers from your product caused the 3 malignant mesothelioma, and I can't do that. 4 Q. No, sir. That wasn't -- that 5 wasn't my question Doctor Kraus. My question 6 was you had attached all of the literary works 7 of scientists and industrial hygienists. Is 8 there any of these works that are attached as 9 an exhibit to your report suggestive that 10 asbestos fibers can be released while working 11 on refrigeration equipment? 12 A. Well, you know the asbestos fibers 13 in and around the engine parts of a 14 refrigerator -- or refrigerator unit -- if 15 he is repairing it, can be released. I think 16 it's pretty well known it can go all the way 17 back to the brake stuff with CHRYSOTILE that 18 everybody thought that, "Well, they were 19 encapsulated," and they are not. And one of 20 the reports that's done by Millette talks 21 about this pretty -- pretty eloquently -- 22 about the fact that there were fibers that 23 were noted that were not encapsulated even 24 before the use of the equipment in terms of -- 25 in terms of gasket and packing, I mean, yeah, Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 107 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 108 1 gasket and packing, which is what he was doing 2 in terms of his repair work. 3 Q. Are there any documents or is there 4 any testimony that you reviewed that suggests 5 that any of the York refrigeration equipment 6 contained any asbestos component? 7 A. I have to rely on what Mr. Bell said 8 in his testimony -- that it did. And also in 9 what Doctor Millette and Mr. Parker outlined 10 in terms of refrigeration equipment. 11 Q. Tell me what that is? What 12 component in the refrigeration equipment -- 13 manufactured and served by York, installed on 14 these Naval vessels in the 1940s, contained an 15 asbestos component? 16 A. You mean like the compressors and 17 stuff, yeah. 18 Q. Yeah. Based on anything. 19 A. I'm sorry. 20 Q. Tell me -- yeah. Tell me where you 21 got that information? 22 A. The information of the compressors? 23 Q. Yeah, any compressor that York 24 manufactured -- that was on York 25 refrigeration equipment -- when it was sold Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 108 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 109 1 in the United States Navy and installed on 2 ships upon which Mr. Bell served. You 3 mentioned early on -- 4 MS. ROUSSEL: 5 Tom, are you finished with your 6 question because he was getting ready to 7 answer. So we don't have any confusion, why 8 don't you reask your question. We'll wait for 9 just a pause to make sure you are finished and 10 then let the Doctor answer. 11 EXAMINATION BY MR. TYNER: 12 Q. Okay. Have you read any testimony 13 or reviewed any documents that indicated that 14 York refrigeration equipment installed on 15 Naval vessels in the '40s contained any 16 asbestos component? 17 A. I wasn't -- as I said before, I 18 wasn't here to identify particular products, 19 but I can tell you that in what Mr. Bell 20 talked about in terms of the insulation and 21 working around the insulation, he identified 22 them. And the studies from Doctor Millette 23 and Mr. Parker indicated that these were 24 significant. But in terms of -- go ahead. 25 Q. I'm sorry. I won't debate with you Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 109 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 110 1 the fact that thermal insulation on removal 2 can create a line of asbestos fibers in the 3 area of the person doing the work. But my 4 question is: You don't have any evidence; 5 and, not read any evidence, nor heard any 6 testimony, that indicate that York installed 7 or required an insulation of asbestos on their 8 product, have you? 9 MS. ROUSSEL: 10 Object to the form of the question. 11 THE WITNESS: 12 Did you ask -- did you ask did 13 they -- did they have any warning of it? I 14 don't understand what the question is again. 15 I mean, I -- 16 EXAMINATION BY MR. TYNER: 17 Q. Yes. I will reask it. I will reask 18 it. 19 A. Okay. I'm sorry. I just don't 20 understand the question. 21 Q. Okay. The question is very simple. 22 Do you have any information from testimony, 23 reports, or studies that manufacturers of 24 refrigeration equipment installed on Navy 25 vessels in the 1940s would have required Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 110 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 111 1 asbestos insulation to perform their 2 functions? 3 A. In regards to asbestos, um, I think 4 it's a pretty well known fact that when it 5 came to the condensers and the valves and 6 motors; and, so on and so forth, that, yeah, 7 there was asbestos that was utilized. Now I 8 can't particularly say whether or not it was 9 in this particular refrigeration product or 10 not. 11 Q. Okay. That's -- that's the answer 12 that I thought you were giving me early on 13 but -- 14 A. I didn't understand the question. 15 I'm sorry. I just didn't understand what you 16 were asking. That's my fault. 17 Q. That's all right. 18 A. Yeah. 19 Q. You mentioned a couple of times the 20 Walsh-Healey Act. Just briefly, the 21 Walsh-Healey Act would apply to the Navy as 22 well as private employers, would it not? 23 A. Well, it applied to the fact that if 24 you were -- had a contract with the Navy that 25 if you didn't comply, your contract would be Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 111 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 112 1 canceled -- with private -- with private 2 contracts. And the Navy was very specific in 3 regards to its own people with the 4 Walsh-Healey Act. 5 Q. You also mentioned earlier studies 6 by the EPA and other information that you 7 gleaned from the EPA. Do you consider the EPA 8 to be an authoritative source concerning the 9 prediction of disease and the regulation of 10 products and the use of products to prevent 11 disease? 12 MS. ROUSSEL: 13 Object to the form of the 14 question. 15 THE WITNESS: 16 Can I ask -- 17 MS. ROUSSEL: 18 To what specific opinion? 19 THE WITNESS: 20 I'm -- I'm not saying this to 21 insult you, but between my hearing aids and 22 your accent, I didn't understand one thing you 23 said right then. And I'm sorry. I don't mean 24 that in a personal way. It's just that -- 25 I'm having trouble hearing what you are saying Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 112 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 113 1 through the telephone. So if you could speak 2 a little slower it would really help me. 3 MR. TYNER: 4 If there is somebody there that can 5 interpret or try to tell you. I will try to 6 slow down and be a little more precise. Are 7 we ready. 8 THE WITNESS: 9 I'm sorry. As I said before, I 10 didn't mean to insult you. I am very 11 comfortable with Southern patois from Georgia, 12 from here, from everywhere. As I said, 13 hearing stuff coming through the voice box; 14 and, with my hearing, even with my hearing 15 aids, everything is coming out a little bit 16 blurry, and I didn't mean that as an insult to 17 you. And I certainly don't mean it as an 18 insult to your heritage or anyone else's 19 heritage. 20 MS. ROUSSEL: 21 I think probably, Tom, part of the 22 problem is because you are participating over 23 the telephone. So -- 24 EXAMINATION BY MR. TYNER: 25 Q. That's okay. Well, I will just Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 113 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 114 1 forget that question because I think he's 2 testified to it enough. So I know what his 3 answer will be at trial or at least could be. 4 Now, let me ask you this: Have you ever read 5 any EPA recommendations in the 1990s where 6 they determined that there was not a 7 propensity for warnings to be placed on 8 gaskets, because they did not create a hazard. 9 Do you agree with that EPA assessment? 10 MS. ROUSSEL: 11 Object to the form of the question. 12 THE WITNESS: 13 Let me repeat it so that I 14 understand. You are asking me, "In the '90s 15 was there anything?" Well, in the '90s they 16 weren't using asbestos anymore. Is that what 17 you were asking? 18 EXAMINATION BY MR. TYNER: 19 Q. No. I was asking you about an EPA 20 recommendation made in the 1990s that they did 21 not consider asbestos-containing gaskets to be 22 a hazard and therefore did not require any 23 warning. 24 A. No, sir. I'm not aware of that. 25 Q. Okay. Just so I'm clear -- because Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 114 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 115 1 I'm getting ready to go home and let me enjoy 2 somebody else's company -- there is no 3 article that you've read or any document that 4 you've seen that York refrigeration equipment 5 installed on the vessels where Mr. Bell served 6 contained any asbestos component? 7 MS. ROUSSEL: 8 Object to the form of the question. 9 THE WITNESS: 10 Again, I am relying on Mr. Bell's 11 testimony that the refrigeration equipment had 12 asbestos. 13 EXAMINATION BY MR. TYNER: 14 Q. All right. What asbestos did it 15 have. You are relying on Mr. Bell, tell me 16 what? 17 A. I'm just relying on his testimony 18 that it was there and he was working around 19 it, working around insulation and there was 20 dust everywhere. And in regards to whether or 21 not that particular piece of equipment had it 22 or not, I'd have to look back on Doctor 23 Millette's report. And I don't have the 24 report in front of me. 25 Q. So is there anything that you recall Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 115 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 116 1 from Mr. Bell's testimony that he indicated 2 created dust while working on the 3 refrigeration equipment other than the 4 insulation? 5 A. Well, I cannot remember if he worked 6 on the motors or not where there is 7 insulation; and, that insulation at that time 8 would have most likely, especially -- would 9 have most likely contained asbestos. And, 10 again, I'd have to look -- go back and look 11 at Doctor Millette's report on that. 12 Q. If it did contain asbestos it was 13 not sold by or recommended for use by York was 14 it? 15 MS. ROUSSEL: 16 Object to the form of the question. 17 THE WITNESS: 18 You broke up a little bit, sir, 19 and -- again, you just broke up, and I'm 20 having trouble. That was not my hearing or 21 you. It's breaking up a little bit. 22 MS. ROUSSEL: 23 I think it's the phone, and I think 24 probably the court reporter can help us here. 25 I think she -- Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 116 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 117 1 EXAMINATION BY MR. TYNER: 2 Q. I can say it again. I can remember 3 that far back. Is there any information that 4 you have that Mr. Bell testified that there 5 was any part of his work on York refrigeration 6 equipment that was dusty other than the 7 asbestos insulation that you talked about? 8 MS. ROUSSEL: 9 Objection. Asked and answered. 10 THE WITNESS: 11 The answer is I'd have to look back 12 because I cannot recall. I'd have to look 13 back at Doctor Millette's report, and I don't 14 have that in front of me. 15 MR. TYNER: 16 Okay. Doctor Kraus, that's all the 17 questions I have. Thank you, sir. 18 THE WITNESS: 19 Thank you. And I hope again that in 20 no way did you take anything I was saying as 21 anything other than that I'm having trouble 22 with my hearing. Trust me. I was in Georgia 23 for long enough that it -- after about three 24 or four months, I really almost understood 25 what everybody was saying. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 117 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 118 1 MR. TYNER: 2 Well, I understand. I realize that 3 my voice may be somewhat peculiar to some ears 4 and that's perfectly okay. You have not 5 offended with me. 6 THE WITNESS: 7 I would hope not. I would hope not, 8 sir. 9 MS. ROUSSEL: 10 Anybody else have any questions. 11 Who is next? 12 THE WITNESS: 13 Let me get a water, if you don't 14 mind. 15 MS. ROUSSEL: 16 Nobody else on the phone has any 17 questions. Okay. So -- good. I think 18 Jonathan probably has a few questions. 19 EXAMINATION BY MR. CLEMENT: 20 Q. Hi, Doctor Kraus. You ready? 21 A. Yes, sir. 22 Q. Doctor Kraus, it is your opinion in 23 this case that William Bell had mesothelioma, 24 correct? 25 A. Yes, sir. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 118 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 119 1 Q. It's your opinion in this case that 2 asbestos caused William Bell's mesothelioma? 3 MS. ADAMS: 4 Object to the form. 5 THE WITNESS: 6 Yes, sir. 7 EXAMINATION BY MR. CLEMENT: 8 Q. And it's your opinion in this case 9 that mesothelioma caused William Bell's 10 death? 11 A. Yes, sir. 12 Q. Is it your opinion from your review 13 of the medical records in this case that 14 Mr. Bell had pleural plaques? 15 A. Yes. He had -- on his right side 16 he had a calcified pleural plaque that was 17 identified as of January 20th, 2014. 18 Q. Would you agree that pleural plaques 19 are pathognomonic for asbestos exposure? 20 MS. ADAMS: 21 Object to the form. 22 THE WITNESS: 23 Yes, sir. 24 EXAMINATION BY MR. CLEMENT: 25 Q. Now, turning to Your report. Do you Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 119 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 120 1 have your report in front of you? 2 A. Yes, sir. 3 Q. If you could look at Item 12. At 4 Item 12 is where you began to discuss 5 Mr. William Bell's occupational asbestos 6 exposure, correct? 7 A. Yes, sir. 8 Q. And, of course, part of your 9 assessment comes from your review of Mr. 10 William Bell's deposition, correct? 11 A. Yes. 12 MS. ADAMS. 13 Objection to form. 14 EXAMINATION BY MR. CLEMENT: 15 Q. And in that paragraph you actually 16 identify the specific equipment to which 17 Mr. Bell discusses being exposed, correct? 18 MS. ADAMS: 19 Object to the form. 20 THE WITNESS. 21 Yes, sir. 22 EXAMINATION BY MR. CLEMENT: 23 Q. He identifies being exposed to 24 asbestos from valves? 25 MS. ADAMS. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 120 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 121 1 Objection to form. 2 THE WITNESS: 3 Yes, sir. 4 EXAMINATION BY MR. CLEMENT: 5 Q. He identifies being exposed to 6 asbestos from pumps? 7 A. Yes, sir. 8 MS. ADAMS: 9 Object to the form. 10 EXAMINATION BY MR. CLEMENT: 11 Q. He identifies being exposed to 12 asbestos from turbines? 13 A. Yes, sir. 14 Q. He also identifies being exposed to 15 asbestos from condensers and diesel engines, 16 correct? 17 A. Yes, sir. 18 Q. And he also identifies being exposed 19 to asbestos from refrigeration equipment, 20 correct? 21 A. Yes, sir. 22 MR. HART: 23 Object to the form. 24 EXAMINATION BY MR. CLEMENT: 25 Q. Those are the specific pieces of Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 121 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 122 1 equipment that you are offering opinions about 2 in this case, correct? 3 MS. ADAMS: 4 Objection to form. 5 THE WITNESS: 6 Yes, sir. 7 EXAMINATION BY MR. CLEMENT: 8 Q. If you look at Item 13, second 9 sentence, you indicate that: These 10 occupational asbestos exposures from 11 equipment, including valves, pumps, 12 condensers, turbines, diesel engines, and 13 refrigeration equipment resulted in Mr. 14 William Bell's malignant mesothelioma and 15 death. That's what you state in your expert 16 report, correct? 17 A. Yes, sir. 18 MS. ADAMS: 19 Object to the form. 20 MR. HART: 21 Object to the form. 22 EXAMINATION BY MR. CLEMENT: 23 Q. So it's your opinion in this case -- 24 you also discussed or identified in your 25 report that Mr. Bell would have had to have Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 122 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 123 1 handled asbestos gaskets from some of this 2 equipment, correct? 3 MS. ADAMS: 4 Objection to form. 5 THE WITNESS: 6 Yes, sir. 7 EXAMINATION BY MR. CLEMENT: 8 Q. He also identified handling asbestos 9 packing from some of this equipment including 10 valves and pumps? 11 MS. ADAMS: 12 Objection to form. 13 THE WITNESS: 14 I'm sorry. Can you repeat it. 15 EXAMINATION BY MR. CLEMENT: 16 Q. He also identified handling asbestos 17 packing from some of the equipment, including 18 valves and pumps? 19 A. Yes, sir. 20 MS. ADAMS: 21 Objection to form. 22 EXAMINATION BY MR. CLEMENT: 23 Q. So it's your opinion in this case 24 that Mr. William Bell's exposure to asbestos 25 from his handling of gaskets in this case Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 123 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 124 1 would have been a significant contributing 2 factor to development of his mesothelioma? 3 A. Yes, sir. 4 MS. ADAMS: 5 Object to the form. 6 EXAMINATION BY MR. CLEMENT: 7 Q. Is it your opinion in this case that 8 Mr. Bell's exposure to asbestos from handling 9 asbestos packing material from equipment, 10 including valves and pumps, would have been a 11 significant contributing factor in the 12 development of his mesothelioma? 13 A. Yes, sir. 14 MS. ADAMS: 15 Objection to form. 16 EXAMINATION BY MR. CLEMENT: 17 Q. Also, you reference where -- in 18 your report where Mr. Bell identifies working 19 around insulation on equipment; correct? 20 A. Yes, sir. 21 Q. One of the pieces of equipment that 22 he identifies working around is insulation 23 being removed from condensers, correct? 24 A. That's correct. 25 Q. In your opinion would Mr. Bell's Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 124 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 125 1 exposure to asbestos insulation from 2 condensers, as described in his deposition, 3 have been a significant contributing factor to 4 development of his mesothelioma? 5 A. Yes, sir. And I believe I said that 6 in my testimony earlier, sir. 7 MS. ADAMS: 8 Object to the form. 9 EXAMINATION BY MR. CLEMENT: 10 Q. Also, in your opinion, would his 11 exposure to asbestos insulation from turbines, 12 have been a significant contributing factor in 13 development of his mesothelioma? 14 A. Yes, sir. 15 Q. In your opinion would his exposure 16 to asbestos from asbestos insulation from 17 refrigeration equipment have been a 18 significant contributing factor in his 19 development of his mesothelioma? 20 A. Yes, sir. 21 Q. And also, in your opinion, would his 22 exposure to asbestos insulation from diesel 23 engines have been a significant contributing 24 factor to the development of his 25 mesothelioma? Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 125 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 126 1 A. Yes, sir. 2 MS. ADAMS: 3 Objection. 4 EXAMINATION BY MR. CLEMENT: 5 Q. You also note in your report where 6 Mr. Bell described working around Westinghouse 7 contractors removing insulation at the 8 National Reactor Testing Facility, correct? 9 A. That is correct. 10 Q. In your opinion, his work around 11 those Westinghouse contractors removing 12 asbestos insulation would have been a 13 significant contributing factor in the 14 development of his mesothelioma, correct? 15 A. Yes, sir. And that's in his 16 deposition. 17 Q. Now, you were asked in this case 18 about how you went about reaching your 19 opinions in this matter as to the specific 20 equipment. I believe you indicated that you 21 performed a qualitative cumulative assessment 22 of his exposure? 23 A. Yes, sir. That's correct. 24 Q. In order to reach your opinions and 25 perform -- in performing that qualitative Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 126 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 127 1 cumulative assessment, one of the things you 2 did was look at Mr. Bell's deposition, 3 correct? 4 A. Yes, sir. 5 Q. You also looked at his medical 6 records? 7 MS. ADAMS: 8 Object to the form. 9 THE WITNESS: 10 Yes, sir. 11 EXAMINATION BY MR. CLEMENT: 12 Q. You also looked at the scientific 13 literature, correct? 14 A. Correct. 15 MS. ADAMS: 16 Object to the form. 17 EXAMINATION BY MR. CLEMENT: 18 Q. And in his deposition Mr. Bell 19 describes, for instance, how often he worked 20 with or around certain equipment, correct? 21 MS. ADAMS: 22 Object to the form. 23 THE WITNESS: 24 That is correct. 25 EXAMINATION BY MR. CLEMENT: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 127 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 128 1 Q. He identifies the frequency and 2 duration about how -- for how he worked on 3 that equipment? 4 A. Yes, sir. He identifies and 5 sometimes that he on -- 6 MS. ADAMS: 7 Object to the form. 8 THE WITNESS: 9 -- on hundreds of pumps and 10 valves -- if that's any help. 11 MS. ADAMS: 12 Objection to the non-responsive 13 portion. 14 EXAMINATION BY MR. CLEMENT: 15 Q. He even identifies in his deposition 16 that valves and pumps were two of the most 17 common items that he worked on as a Navy guy 18 for his eight years? 19 MS. ADAMS: 20 Object to the form. 21 THE WITNESS: 22 I think he said that was the most 23 common that he worked on, sir. 24 MS. ADAMS: 25 Object; non-responsive. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 128 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 129 1 EXAMINATION BY MR. CLEMENT: 2 Q. So in making a determination of the 3 frequency and duration of his exposure to the 4 various pieces of equipment, one of the things 5 you did is look to Mr. William Bell's 6 testimony regarding that equipment, correct? 7 A. That's correct. 8 MS. ADAMS: 9 Object to the form. 10 THE WITNESS: 11 Yes, sir. 12 EXAMINATION BY MR. CLEMENT: 13 Q. The next -- one of the other things 14 you did in performing your qualitative 15 cumulative assessment is you actually looked 16 at the literature to determine what the actual 17 levels of exposure are when handling asbestos 18 from the various equipment, correct? 19 MS. ADAMS: 20 Object to the form. 21 THE WITNESS: 22 Yes. Yes, sir. 23 EXAMINATION BY MR. CLEMENT: 24 Q. One of the -- some of the 25 literature that you identified already Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 129 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 130 1 throughout the deposition as it pertains to 2 gaskets and packing -- 3 A. Yes, sir. 4 Q. -- was Doctor Millette's work? 5 A. Yes, sir. 6 Q. And also William McKinnery's work? 7 A. Yes, sir. 8 Q. With regard to insulation, you also 9 looked at the scientific literature to 10 determine what the levels of exposure are from 11 working with or around asbestos insulation; 12 correct? 13 A. Yes, sir. 14 MS. ADAMS: 15 Object to the form. 16 EXAMINATION BY MR. CLEMENT: 17 Q. One of the articles you referenced 18 in that regard is the Harries study? 19 A. Yes, sir. 20 MS. ADAMS: 21 Object to the form. 22 EXAMINATION BY MR. CLEMENT: 23 Q. Now, also you identify in your 24 report that Mr. Bell testified that he was a 25 machinist and a machine repairman during his Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 130 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 131 1 career in the U.S. Navy? 2 A. Yes, sir. Machinist MATE, and 3 Repairman. Yes, sir. 4 Q. And one of the things you indicate 5 in your report is that it is recognized in the 6 scientific literature that these sort of 7 exposures as a Navy serviceman, machinist, 8 mate, and machine repairman cause 9 mesothelioma? 10 A. Yes, sir. 11 Q. And you actually cite to the 12 literature that confirms that opinion? 13 A. Yes, sir. 14 MS. ADAMS. 15 Object to the form of the question. 16 EXAMINATION BY MR. CLEMENT: 17 Q. One of the articles that you cite to 18 is Roggli's published literature with regard 19 to mesothelioma cases? 20 MS. ADAMS: 21 Object to the form. 22 THE WITNESS: 23 Yes, sir. 24 MR. CLEMENT: 25 What is the next exhibit? Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 131 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 132 1 MS. ADAMS: 2 Eight. 3 MR. CLEMENT: 4 I'm going to attach as Exhibit 8, 5 it's entitled: Malignant Mesothelioma and 6 Occupational Exposure to Asbestos: A 7 Clinicopathological Correlation of 1445 Cases. 8 MR. HART: 9 What year is that? 10 THE WITNESS: 11 That was 2002. Unless it was 12 Butnor's and then it was 2000. Is that 13 Roggli's or Butnor's. 14 MS. ADAMS: 15 Is that one of his articles? 16 THE WITNESS: 17 This is 2002. That was from 18 "Ultrastructural Pathology." That was Doctor 19 Roggli's. 20 EXAMINATION BY MR. CLEMENT: 21 Q. Okay. Sir, do you have your 22 bibliography in front of you? 23 A. Yes, sir. 24 Q. And that article is cited as 25 Reference 91 in your bibliography, correct? Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 132 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 133 1 A. Yes, sir. 2 Q. And if you could, turn to -- I'm 3 going to reference you to Table 1 of this 4 published article by Doctor Roggli. 5 A. Yes, sir. 6 Q. As you get -- if you could identify 7 what the top two industries are for 8 mesothelioma cases? 9 A. Yes, sir. 10 MS. ADAMS: 11 Object to the form. 12 THE WITNESS: 13 The top one, as I stated before, was 14 Shipbuilding and the United States Navy, as I 15 stated before, was 175. 16 EXAMINATION BY MR. CLEMENT: 17 Q. Okay. Also, if you look at Table 2; 18 it breaks down the mesothelioma cases by 19 occupation. And do you see machinist as one 20 of the occupations that develop 21 mesothelioma? 22 A. Yeah. 23 MS. ADAMS: 24 Object to the form. 25 THE WITNESS: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 133 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 134 1 As I stated earlier in my -- 2 getting late for me -- deposition, it was 3 '89. 4 EXAMINATION BY MR. CLEMENT: 5 Q. Now, in addition, I asked you a 6 little bit earlier that one of the things you 7 did is looked at Mr. Bell's deposition to 8 determine duration of frequency which he 9 worked with and around the various equipment, 10 correct? 11 A. That's correct. 12 Q. Okay. And in that regard, in 13 taking -- in looking at Mr. Bell's 14 deposition, you also looked at the scientific 15 literature which indicates how long one must 16 work with or around asbestos to develop 17 mesothelioma; correct? 18 A. Yes, sir. 19 MS. ADAMS: 20 Object to the form. 21 EXAMINATION BY MR. CLEMENT: 22 Q. I think one of the articles you 23 cited today was the Greenberg article, and 24 identifies that brief -- exposures of brief 25 duration can cause mesothelioma? Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 134 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 135 1 A. Yes, as brief as one day. 2 MS. ADAMS. 3 Object to the form. 4 THE WITNESS: 5 Because he had one case that had a 6 one day documented; yes, sir. 7 EXAMINATION BY MR. CLEMENT: 8 Q. Also, Doctor Roggli's article of the 9 1445 cases that we attached as Exhibit 8, he 10 identifies there is as little as one month of 11 exposure can cause mesothelioma? 12 A. Yes. He had -- he had 14 at one 13 year. Six at, I believe it was, at six 14 months. Three at three months. And one at 15 less than one month. I'm not sure how much 16 less, but one less than one month. 17 Q. So Mr. Bell's testimony regarding 18 his frequency and duration, as well as the 19 levels that are reported in the literature 20 from working with and around equipment he 21 describes, is supported in the scientific 22 literature as being causative of 23 mesothelioma? 24 A. That's correct. 25 MS. ADAMS: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 135 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 136 1 Object to the form. 2 EXAMINATION BY MR. CLEMENT: 3 Q. And it's your review of his 4 deposition and scientific literature, which 5 forms the basis of your opinion, that his 6 exposure to the various equipment identified 7 in your report were causative of his 8 mesothelioma? 9 MR. HART: 10 Object to the form. 11 THE WITNESS: 12 Yes, sir. 13 EXAMINATION BY MR. CLEMENT: 14 Q. Now, one of the -- one of Defense 15 Counsel asked you about whether or not there 16 is a safe level of exposure or whether there 17 is a threshold, and I think what you indicated 18 is, as we sit here today, medical science has 19 not established a safe level of exposure to 20 asbestos with regards to mesothelioma? 21 MS. ADAMS: 22 Object to the form. Asked 23 answered. 24 THE WITNESS: 25 Yes, sir. That's correct. Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 136 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 137 1 EXAMINATION BY MR. CLEMENT: 2 Q. Similarly, there is no established 3 threshold for development of mesothelioma? 4 MR. HART: 5 Objection to form. 6 THE WITNESS: 7 Yes, sir. 8 EXAMINATION BY MR. CLEMENT: 9 Q. But your opinion in this case, as to 10 the specific equipment identified in your 11 report and whether or not they were a 12 significant contributing factor to his 13 disease, is not based on the fact that there 14 may or may not be a safe level or a safe 15 threshold. It's based on the scientific 16 literature which discusses gaskets, 17 condensers, packing, insulation and the 18 duration and frequency at which Mr. Bell was 19 exposed, correct. 20 BY MS. ADAM: 21 Object to the form. 22 THE WITNESS: 23 That, along with all the others -- 24 diesels, condensers; yes, sir. 25 EXAMINATION BY MR. CLEMENT: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 137 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 138 1 Q. Next Exhibit I'm going to attach as 2 9 is from Doctor Henry Jackson's records dated 3 May 22nd, 2014. 4 A. Thank you. 5 Q. Go ahead and just ask you: That's 6 one of the documents that you've reviewed in 7 this case, correct? 8 A. Oh, yes, sir. 9 Q. Just go ahead and re-familiarize 10 yourself with the document; and, specifically 11 paragraph one. Then I'll ask a question. 12 A. Yes, sir. 13 Q. Ms. Adams when she was asking you a 14 question about whether or not malignant 15 mesothelioma was diagnosed in February 2014, 16 this letter dated May 2014 indicates that the 17 pathology does not suggest that it was a 18 mesothelioma at that time, correct? 19 A. That's correct. 20 MS. ADAMS: 21 Object to the form. 22 EXAMINATION BY MR. CLEMENT: 23 Q. And it's your opinion, from your 24 review of the records in this case, that 25 Mr. Bell was not diagnosed with mesothelioma Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 138 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 139 1 until August of 2015, correct? 2 MS. ADAMS: 3 Object to the form. 4 THE WITNESS: 5 That's correct. I think it was 6 August 26th was the -- was the day of 2015. 7 And also on that other report, I want to add 8 again, on January the 24th, I think it was -- 9 excuse me -- February 24th -- is -- I 10 believe is when he had his CT Scan directed 11 fine needle aspirate of the lung on the right 12 side. And it was negative for malignancy. He 13 never had a diagnosis then -- pathologic 14 diagnosis -- even on intervention that showed 15 that he had malignancy. 16 MS. ADAMS: 17 Object to the non-responsive 18 portion. Move to strike. 19 THE WITNESS: 20 Who gets this? 21 MS. ADAMS: 22 Back to us. Thank you. Can you 23 hand me the highlighted -- 24 A. Oh, yes, ma'am. 25 MS. ADAMS: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 139 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 140 1 Thank you. All right. 2 EXAMINATION BY MR. CLEMENT: 3 Q. One -- Doctor Kraus, I think this 4 is one of my last questions I have for you. 5 When Mr. Hart was asking you questions, I 6 believe he posed a hypothetical to you. If my 7 memory serves me correct, he asked you to 8 assume that Mr. Bell was exposed to just one 9 instance on a pump and asked you to attempt to 10 offer an opinion as to Mr. Bell. My question 11 to you is: Mr. Bell didn't describe working 12 just one time on a pump, correct? 13 A. Yes, sir. As I said -- 14 MS. ADAMS: 15 Object to the form. 16 THE WITNESS: 17 -- in my testimony, he worked on 18 hundreds of pumps and he worked for eight 19 years around -- around asbestos. I mean, it 20 wasn't -- I can't relate to one exposure that 21 he had, because he had multiple and multiple 22 exposures on a daily basis. 23 MS. ADAMS: 24 Object to the non-responsiveness. 25 EXAMINATION BY MR. CLEMENT: Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 140 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 141 1 Q. And with regard to the equipment 2 identified in your report, the scientific 3 literature shows that exposure to the asbestos 4 products in those equipment -- asbestos 5 gaskets, packing, and insulation are 6 significant in causing mesothelioma? 7 MS. ADAMS: 8 Object to the form? 9 THE WITNESS. 10 That's correct. 11 MR. CLEMENT: 12 No more questions. 13 MS. ADAMS. 14 Can I have Exhibit 8? You said you 15 wanted to attach Exhibit 6, all of 16 Jackson's -- all of Jackson's medical record. 17 You have all of them? 18 MS. ROUSSEL: 19 I can supply them to the Court 20 Reporter, yes. 21 MS. ADAMS: 22 Note the gap. Anybody else have any 23 questions? 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 141 of 158 e8bcf7e9-da51-41c1-947d-f0aca87c1062 WILLIAMS & JANKOWSKI, LLC Page 142 1 CERTIFICATE 2 This certification is valid only for a transcript accompanied by my original 3 signature and original required seal on the page. 4 I, Holly Bergeron, Certified Court Reporter in and for the State of Louisiana, as 5 the officer before whom this testimony was taken, do hereby certify that Stephen T. 6 Kraus, M.D., after having been duly sworn by me upon authority of R.S. 37:2554, did testify 7 as hereinbefore set forth in the foregoing 141 pages; that this testimony was reported by me 8 in the stenotype reporting method, was prepared and transcribed by me or under my 9 personal direction and supervision, and is true and correct transcript to the best of my 10 ability and understanding; that the transcript has been prepared in compliance with 11 transcript format guidelines required by statute or by rules of the board, that I have 12 acted in compliance with the prohibition on contractual relationships, as defined by 13 Louisiana Code of Civil Procedure Article 1434 and in rules and advisory opinions of the 14 board; that I am not related to counsel or to the parties herein, nor am I otherwise 15 interested in the outcome of this matter. 16 17 18 19 20 21 22 23 HOLLY BERGERON, C.C.R NO. 85137 IS IN GOOD STANDING/STATE OF LOUISIANA 24 25 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 142 of 158 WILLIAMS & JANKOWSKI, LLC Page 143 A A-S-P-I-R-A-T-E 35:23 ABC 72:24,24 abdomen 55:12 ability 142:10 ABITA 1:18 able 44:14 57:18 61:21 71:3 absolutely 31:23 62:1 accent 112:22 accept 31:1,2,8,11 71:16 84:13 acceptable 68:13 accepted 63:9,10 70:10,14,14 72:16 81:18 84:3 accepts 72:10 accompanied 142:2 accurately 90:16 acknowledges 64:9 Act 76:23 77:5 111:20,21 112:4 acted 142:12 actinolite 78:11 active 11:22 30:15 30:23 32:18 actual 51:6 60:3 129:16 ADAM 137:20 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139:1 139:5 140:7,12 141:10 142:9 correctly 63:2 Correlation 132:7 counsel 7:12 103:14 136:15 142:14 count 24:20 country 63:11 71:2 71:18 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 145 of 158 WILLIAMS & JANKOWSKI, LLC Page 146 couple 13:1,4 16:23 25:4 56:22 60:25 73:21 78:16 85:14 88:19 111:19 course 21:5 25:14 27:16 74:20 120:8 court 1:1 9:20 26:23 76:15 116:24 141:19 142:4 covered 55:5 CRANE 2:21 create 110:2 114:8 created 116:2 Criteria 106:20 Crocidolite 78:10 CT 41:7 139:10 culture 59:22 cumulative 47:20 49:2,11 64:17 89:3,22,23 99:8 99:11 100:4 126:21 127:1 129:15 curative 50:11 curious 86:18 current 7:24 D D 4:2 5:1 daily 140:22 dancing 73:10 DANIEL 1:7 data 64:24 65:6,7 65:21,23,24 66:5 70:13,15 72:5 79:13 97:15,17,18 date 13:3 28:21 59:6 86:4 dated 13:22 36:8 36:13 138:2,16 dates 18:16 day 1:12 33:24 34:1 72:11 73:19,20 85:13 87:6 98:6 98:14,15 135:1,6 139:6 days 60:25 61:2,3 87:24 88:11 death 50:7 56:14 56:15,18 57:5,6 88:7 119:10 122:15 debate 109:25 Debbie 73:18 85:23 88:8 decide 61:18 defendant 8:8 74:14 75:9 76:1 76:17 77:15,17 defendant's 45:23 46:18 defendants 76:10 77:22 defense 22:12 136:14 define 48:3 52:2 63:5 71:3 defined 63:8 71:9 142:12 defines 68:8 definition 63:7 68:9 71:10 definitions 71:12 degree 27:15 83:22 dehydrated 60:21 delete 57:25 58:15 58:16 Department 22:20 depends 58:16 deposed 26:2,3 deposition 1:9 6:3 6:11 7:18,22 9:17 13:6 14:10 16:10 27:14 120:10 125:2 126:16 127:2,18 128:15 130:1 134:2,7,14 136:4 depositions 7:16 30:6,10 describe 49:11 140:11 described 78:14 93:19 125:2 126:6 describes 87:5 88:2 90:15,15 92:16,17 92:18,19 93:6 127:19 135:21 designated 64:11 64:12 desire 11:24 destroy 58:13 determination 129:2 determine 129:16 130:10 134:8 determined 26:23 105:12 114:6 determining 51:8 Deutsch 1:10 2:10 develop 64:13 95:12 133:20 134:16 developing 86:21 92:7 95:3 97:19 development 124:2 124:12 125:4,13 125:19,24 126:14 137:3 devoted 30:18,19 diagnosed 37:3 38:1,15 39:6,18 39:20 40:8 58:25 138:15,25 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employers 111:22 EMT 73:18 encapsulated 107:19,23 ENERGY 1:6 engine 54:11,13 93:11 107:13 engines 48:2 121:15 122:12 125:23 enjoy 115:1 entirely 45:9 97:18 entirety 40:23 entitled 132:5 Environmental 63:9 79:20 EPA 64:7 70:14 71:2,18 112:6,7,7 114:5,9,19 Epidemiologist 27:21 epidemiology 26:16 27:13,16 equal 79:25 equipment 47:25 48:2 62:14,24 96:23 102:9 105:2 105:4,14 106:12 107:11,24 108:5 108:10,12,25 109:14 110:24 115:4,11,21 116:3 117:6 120:16 121:19 122:1,11 122:13 123:2,9,17 124:9,19,21 125:17 126:20 127:20 128:3 129:4,6,18 134:9 135:20 136:6 137:10 141:1,4 errors 18:10 especially 116:8 Esq 2:4,5,11,18 3:2 3:9,16 4:2 essentially 94:19 established 86:20 136:19 137:2 estimate 23:5 ET 1:7 Ethics 21:4 evaluate 12:24 evaluating 64:16 evaluation 15:4 everybody 7:11 32:15 60:19 72:10 106:20 107:18 117:25 evidence 6:12 46:10 110:4,5 exact 13:3 45:5 59:6 86:4 exactly 15:13 76:13 86:9 examination 5:3 7:3,14 8:14 13:20 17:6 19:7,22 21:14 22:10 27:11 29:11,21 37:24 38:12,21 40:5,13 41:18 42:23 43:23 44:16 45:15 46:15 48:12 51:11 52:13 54:24 57:3 58:22 59:15 66:20 67:15 69:17 72:21 74:11 75:1,24 77:20 80:25 81:9 83:10 84:24 90:20 94:4 95:18 97:2 98:1 98:22 99:2 100:6 100:15 101:2,11 101:17 103:6 104:18,24 105:22 109:11 110:16 113:24 114:18 115:13 117:1 118:19 119:7,24 120:14,22 121:4 121:10,24 122:7 122:22 123:7,15 123:22 124:6,16 125:9 126:4 127:11,17,25 128:14 129:1,12 129:23 130:16,22 131:16 132:20 133:16 134:4,21 135:7 136:2,13 137:1,8,25 138:22 140:2,25 example 11:25 31:15 51:18 71:21 79:1 85:10 exceed 67:1 excess 65:22 excursional 49:21 49:21,22 50:2 excuse 36:20 41:20 71:25 86:3 93:13 139:9 exhibit 5:16,17,18 5:19,20,21,22,23 5:24 7:20,22 8:16 9:13,14 15:24 36:8 40:21,24 43:6 46:4,11 107:9 131:25 132:4 135:9 138:1 141:14,15 EXHIBITS 5:15 exists 38:14 experience 20:25 26:24 83:22 expert 9:5 10:18,19 13:10 15:14 16:1 16:11 20:22 21:9 21:10,15,20 22:5 22:12 25:6 26:15 27:13 28:18 30:14 30:20 33:4 64:24 102:12 122:15 expertise 26:22 51:1 experts 22:5 64:6 expired 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2:17 6:1 lady 85:12 lady's 87:18 laid 45:7 47:8,13 LANCE 1:6 late 134:2 latency 86:21,22 87:18,21 88:16 laundry 49:23 Lauren 3:2 Law 16:1 19:12 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 149 of 158 WILLIAMS & JANKOWSKI, LLC Page 150 lays 74:18,19 lead 56:5 learn 78:13 learned 62:7 leave 60:18 62:6 legal 44:18 101:8 101:21 102:20 let's 12:12 16:3 25:13 35:10 71:23 87:4 88:1 letter 138:16 level 67:16 68:3 91:15,17,21 92:12 92:15 94:9 136:16 136:19 137:14 levels 62:25 68:1,1 91:9,10 92:6 93:18,20 129:17 130:10 135:19 LEWIS 3:1 licensed 12:18 Lieutenant 54:4 life 85:13 lifetime 72:25 limit 70:19 105:3 limitations 68:10 limited 43:25 44:8 limits 91:14 line 49:7 104:12 110:2 LIQUID 4:6 list 8:18 15:22,24 16:8 25:24,25 43:15 listed 106:7 litany 82:22 literally 62:6 98:14 literary 107:6 literature 27:18 47:21 69:22,24 70:9 80:3 81:7,14 81:16,17 82:12,21 82:23 88:4,11 89:16,19 90:9 91:9,11,19 92:5,6 93:8,12,18 94:16 95:10,11 96:6 105:18 106:6,7,9 127:13 129:16,25 130:9 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13:12 13:25 14:4,7,15 14:20 15:6,18,23 16:10 17:11 18:3 18:13,17,20,25 19:10 20:4,11,19 21:18,19 22:11,14 23:3,6,9,20,22 24:1,3,4,13,24 25:3,23 26:6,9,15 28:7,17,20 29:2 30:1,5,9,12,17 31:10,13 33:2 34:9,18,23 35:2,6 36:3 37:2 38:24 39:1,13,19 40:14 41:19 42:9,11,15 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 151 of 158 WILLIAMS & JANKOWSKI, LLC Page 152 43:5,9,24 44:4,7 46:4,14 48:18 49:1,6,10 50:6,9 50:13,24 52:22 53:3 54:1,9,19 55:24 56:10 57:4 57:19 58:24 60:1 61:8,12 62:18 63:21 67:1 72:22 73:21 74:7 76:21 77:9,24 78:2,19 80:12,14 81:20 83:16 84:14 85:1 85:17,20 86:14 87:17 88:22 89:7 90:24 91:8,20 92:9,9 93:24 96:19 99:15,18,19 100:20 109:12 110:19,21 111:11 113:25 114:25 117:16 118:4,17 132:21 133:17 134:12 once 57:23 oncologist 10:9 11:2 31:19,20 34:18 Oncology 10:21,22 10:23,25 22:20 25:6 one-day 72:6 73:23 73:25 85:25 ones 16:5 61:18,20 78:9 100:21,22 107:1 ongoing 77:4 opine 45:24 opinion 19:1,12 20:7 44:18 63:25 64:25 72:9,17 74:20 81:8 112:18 118:22 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109:6,8 110:4,10,14,20,21 111:14 112:14 114:1,11 115:8 116:16 131:15 138:11,14 140:10 questioner 84:21 questions 9:14 44:14 45:10,11 47:7 54:21 85:1 96:20 104:12 105:1,3,9 117:17 118:10,17,18 140:4,5 141:12,23 quickly 50:22 quite 90:15,16 quote 45:19,20 R R.S 142:6 radiation 10:8,20 10:22,25 11:1 22:20 25:6,12,12 31:20 34:18,23 35:3 50:10 55:6 55:19,20 56:2 rag 92:21 93:5 railroad 80:9 range 23:5 rank 54:3,7 94:6,9 94:9 95:20 rate 14:8,16 re-familiarize 138:9 reach 126:24 reached 105:14 reaching 126:18 react 87:4 Reactor 126:8 read 37:7 39:15 47:23 51:13 63:2 76:14 84:4 85:12 87:20 89:12,17 109:12 110:5 114:4 115:3 reading 40:7 51:20 57:14,15,15 89:10 89:12 ready 41:24 54:25 86:16 109:6 113:7 115:1 118:20 real 50:20 102:10 realize 118:2 really 16:5 17:18 42:7 45:4 49:20 50:4,4 62:8,8 63:21 74:1 78:10 103:1 113:2 117:24 reask 80:23 109:8 110:17,17 reason 25:23,25 26:4 36:17 54:16 73:7 74:2 84:7,10 reasons 53:13 recall 9:22 10:14 16:7,19 18:11 26:6,9,14 28:24 30:11 38:24 39:11 40:2 41:10 45:1 48:4 53:23 65:14 86:5 115:25 117:12 receive 35:3 received 25:13 64:23,25 92:4,5 recertification 12:2 recognized 76:24 131:5 recollection 16:15 60:23 recommendation 114:20 recommendations 32:6 114:5 recommended 116:13 record 8:5 11:8 13:19 25:19 37:21 38:13 39:14,15,21 40:6,24 54:23,25 141:16 records 22:1 24:14 24:20,25 27:17 36:11,21,24 55:25 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 153 of 158 WILLIAMS & JANKOWSKI, LLC Page 154 56:10,12,13,17,19 57:9 84:4 119:13 127:6 138:2,24 red 53:16 reduce 55:8,9,10 Reeve 73:18 85:23 88:8 refer 31:19 75:2 reference 124:17 132:25 133:3 referenced 130:17 referencing 9:16 referred 10:11 88:18 105:4 referring 59:2,4 62:21 74:19 refrigeration 48:2 105:2,4 106:11,16 107:11 108:5,10 108:12,25 109:14 110:24 111:9 115:4,11 116:3 117:5 121:19 122:13 125:17 refrigerator 107:14 107:14 regard 60:1 82:12 102:17 130:8,18 131:18 134:12 141:1 regarded 91:8 regarding 29:24 42:25 43:3 45:24 46:5 74:15 100:17 129:6 135:17 Regardless 81:23 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23:19 roughly 32:25 Roussel 2:3,4 8:4 8:21 12:24 14:5 15:2,15,20 16:1 16:11 18:5,25 19:4,11,15 21:12 21:24 26:17,21 27:3 29:7,17 37:5 37:12,16,22 38:4 38:16 39:23 40:10 40:22 42:19 43:10 43:16,20 44:10,22 46:7,24 47:5,11 51:3 52:8 56:16 67:8 69:11,20 70:1 74:17 75:15 77:12,16 80:19 81:5 82:1,10 90:7 94:11 96:25 98:8 98:25 99:25 100:10,25 101:6 101:20 102:14 103:4,8,18,24 104:5,21 105:16 109:4 110:9 112:12,17 113:20 114:10 115:7 116:15,22 117:8 118:9,15 141:18 Roussel/Clement 17:22 19:23 rude 69:2 Rudy 16:3 rule 63:8 87:12 rules 6:5 142:11,13 ruling 45:16 46:5 S S 6:1 S-T-E-P-H-E-N 11:9 safe 136:16,19 137:14,14 Safety 71:19 79:16 Sally 44:5 45:17 salvageable 61:19 sampling 52:18 saw 31:25 57:4 saying 21:18 71:9 85:10 92:6,13 95:22 97:18 98:23 112:20,25 117:20 117:25 says 31:17 34:12 38:14 39:16,21 40:7,15,16 45:17 79:14 82:21 89:2 91:19 Scan 41:7 139:10 SCHELL 3:15 science 136:18 scientific 70:11 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 154 of 158 WILLIAMS & JANKOWSKI, LLC Page 155 71:13 99:7 100:18 106:21 127:12 130:9 131:6 134:14 135:21 136:4 137:15 141:2 scientists 107:7 scurried 99:21 Scurry 88:2 seal 142:3 sealing 6:7 searching 90:4 seasick 60:7 Sechler 2:18 second 19:1,12 20:7 30:23 77:7 79:24 88:23 122:8 secretary 34:5 SECTION 1:4 see 10:10 12:12 16:3,24 22:23 25:13 32:4 33:8 34:1 35:10 38:20 41:14 52:16 55:24 65:25 66:9 68:17 71:24 87:21 88:1 95:22 104:19 133:19 seeing 23:1 32:21 33:23,24 seen 32:24 33:15,17 78:20 115:4 self-employed 12:9 12:11 send 15:9,10 sending 15:8 sent 15:6 sentence 122:9 seriously 60:20 serpentine 78:12 79:12 serve 53:1,20 served 53:2,10 62:16 101:12 108:13 109:2 115:5 serves 140:7 service 52:23 54:9 60:2 61:25 62:11 106:11 serviceman 131:7 servicemen 101:5 serving 42:3 53:11 set 32:7 56:13 142:7 share 12:3 sheath 39:4 ship 60:5 Shipbuilding 133:14 ships 42:13,17 71:23 72:1 77:1 93:9,11 94:23,24 95:7,8,9,12 109:2 shipyards 95:7 shooting 53:15 short 62:12 87:25 88:6 shortest 86:22 87:19 show 15:23 showed 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142:8 Stephen 1:9 7:1 8:17 11:9 142:5 steps 89:8 stipulated 6:2 stipulations 8:1,3 stop 47:3,4,10,17 56:14 storage 93:15 STRAIN 4:1 Street 1:11 2:12 3:3 3:17 strike 83:7 94:2 139:18 students 78:24 studies 80:7,8 109:22 110:23 112:5 study 130:18 stuff 21:2 30:25 58:19 59:11 62:8 64:8 77:1,1 91:25 107:17 108:17 113:13 stylist 93:2 subjects 58:20 subsequently 87:8 suggest 138:17 suggested 56:1 suggestive 107:9 suggests 108:4 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 155 of 158 WILLIAMS & JANKOWSKI, LLC Page 156 suite 3:3,17 4:4 11:13 12:4 summer 14:20 supervision 142:9 supplied 56:17,21 supply 141:19 supported 135:21 supports 81:7 sure 8:25 13:25 17:24 18:8,12,14 25:9,19 26:5 38:22 41:23 45:4 50:4 53:22 58:15 58:16 66:1 67:12 75:12 81:21,22,25 85:8 92:25 97:20 103:1 109:9 135:15 surgeon 31:20 surgeons 61:22 surgery 35:9,11 surgical 62:1 switching 58:20 sworn 7:2 142:6 symptoms 83:17,22 SYSTEMS 4:6 T T 6:1,1 8:17 11:10 142:5 table 80:18 133:3 133:17 take 10:2 31:25 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10:11 11:18 12:6 23:1 31:22 77:3 78:23 tumor 21:1 turbines 48:1 65:11 Case 2:15-cv-06394-LMA-DEK Document 229-8 Filed 08/17/16 Page 156 of 158 WILLIAMS & JANKOWSKI, LLC Page 157 102:9 121:12 122:12 125:11 turn 133:2 turned 50:20 turning 62:18 119:25 twelfth 33:19 two 9:24 22:8 23:6 33:24 34:1 35:12 35:20 49:20 50:18 53:13 68:25 98:12 128:16 133:7 two-thirds 30:22 32:17 twofold 73:8 TX 3:4 Tyner 3:8,9 5:7 104:13,14,18,24 105:22 109:11 110:16 113:3,24 114:18 115:13 117:1,15 118:1 type 10:13 82:19 types 47:15 49:20 52:5 78:6 79:9 81:4 typically 19:24 U U 6:1 U.S 131:1 Uh-huh 8:19 63:3 Ultrastructural 132:18 um 48:4 63:7 77:23 111:3 unacceptable 68:14 undergo 56:2 94:6 understand 21:18 23:9 43:21 58:2 67:13,20,23 91:2 92:9,10 96:13,15 96:18 110:14,20 111:14,15 112:22 114:14 118:2 understanding 73:20 142:10 understood 34:15 85:9 117:24 undertake 94:6 uniform 53:13,16 53:18 unit 49:10 53:24 107:14 United 1:1 109:1 133:14 University 12:7 62:2 unusual 88:9 upper 41:8 use 107:24 112:10 116:13 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