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ColumbiaDoctors PRIce FAMHY CENTER FOR COMPREHENSIVE CHEST CARF ESOPHAGEA L AND LUNG CENTER DEPARTMENT OF SURGERY SECTION OF THORACIC SURGERY Herbert Irving Pavilion, 3rd Floor 161 Fort V/a.:hi::gton Avenue New York, NY 10032 212-305-3408 212-305-4085 Fax Joshua R. Sonett, MD Matthew Bacchetta, MD Frank D'Ovidio, MD Michael L Ebright, MD Mark E. Ginsburg, MD Lyall A. Gorenstein, MD Roy Oommen, MD Payne Stanifer, MD Joseph Costa, DHsc, PA-C Lauren Funk, MS, PA-C November 1, 2017 Johanna Deutsch, NP Mr. Eric Palanko Weitz & Luxenberg 700 Broadway New York, NY 10003 Re: Kathryn F. MohI DOB: 7-27-1936 DOD: 3-30-2015 SSN: xxx-xx-1721 Dear Mr. Palanko, I have had the opportunity to review the case of Ms. Kathryn F. Mohl including the Interrogatories (2-23-2016), the discovery deposition of Paul Arthur Hoffman (11-2-2016), the discovery deposition of Michelle Sullivan (9-19-2017), the medical records of Albany Medical Center, Community Hospice, New York Oncology Hematology, Pulmonary and Critical Care Services, and Samaritan Hospital; and the death certificate; in order to determine whether Ms. Mohl suffered from an asbestos related disease and also to determine which exposures to asbestos have contributed to the development of that asbestos-related disease. NewYork-Presbyterian Columbia University Medical Center Columbia University Medical Center FILED: ALBANY COUNTY CLERK 08/17/2018 10:03 AM INDEX NO. 901530/2015 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 08/17/2018

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ColumbiaDoctors PRIce FAMHY CENTER FORCOMPREHENSIVE CHEST CARFESOPHAGEA L AND LUNG CENTER

DEPARTMENT OF SURGERY

SECTION OF THORACIC SURGERY

Herbert Irving Pavilion, 3rd Floor161 Fort V/a.:hi::gton AvenueNew York, NY 10032212-305-3408 212-305-4085 Fax

Joshua R. Sonett, MDMatthew Bacchetta, MDFrank D'Ovidio, MDMichael L Ebright, MDMark E. Ginsburg, MDLyall A. Gorenstein, MD

Roy Oommen, MDPayne Stanifer, MDJoseph Costa, DHsc, PA-CLauren Funk, MS, PA-C

November 1, 2017 Johanna Deutsch, NP

Mr. Eric Palanko

Weitz & Luxenberg

700 Broadway

New York, NY 10003

Re: Kathryn F. MohI

DOB: 7-27-1936

DOD: 3-30-2015

SSN: xxx-xx-1721

Dear Mr. Palanko,

I have had the opportunity to review the case of Ms. Kathryn F.

Mohl including the Interrogatories (2-23-2016), the discovery

deposition of Paul Arthur Hoffman (11-2-2016), the discovery

deposition of Michelle Sullivan (9-19-2017), the medical records of

Albany Medical Center, Community Hospice, New York Oncology

Hematology, Pulmonary and Critical Care Services, and Samaritan

Hospital; and the death certificate; in order to determine whether Ms.

Mohl suffered from an asbestos related disease and also to

determine which exposures to asbestos have contributed to the

development of that asbestos-related disease.

NewYork-Presbyterian

Columbia University Medical Center Columbia University Medical Center

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I am a licensed physician specializing in Thoracic Surgery. I am

board certified in Thoracic Surgery. I am an Associate Professor of

Surgery at the Columbia University Medical Center and the Associate

Director of Thoracic Surgery at the Columbia University Medical

Center. I received my undergraduate degree at the University of

Massachusetts, magna cum laud, in 1976. I received my M.D. degree

from Tufts University School of Medicine, Boston, in 1980. I did a

residency in surgery at the University of Rochester Medical Center

from 1980 until 1985, and a residency in thoracic and cardiovascular

surgery at the University of Rochester Medical Center from 1985 until

1987. I have been an attending in surgery at the Good Samaritan

Hospital and the Nyack Hospital since 1987, and an attending in

surgery at the Columbia University Medical Center since 1991.

Medical History:

Ms. Mohl was a 79 year-old who initially presented in January of 2015

with the sudden onset of palpitations and dizziness. She was seen in

the Samaritan Hospital emergency department where an EKG

revealed atrial fibrillation. A chest x-ray showed a moderate pleural

effusion, which was new since the previous chest x-ray performed in

May 2014. A CT scan of the chest performed on 1-11-2015

demonstrated a 5.4 cm pleural-based right infrahilar mass between

the right heart and the medial right lung, a moderate right pleural

effusion with pleural-based soft tissue masses at the lateral

diaphragmatic surface and subpleural nodules.

A right thoracentesis was performed during this hospital admission.

Cytology was suspicious for malignancy. A CT-guided biopsy of the

pleura revealed an epithelioid malignant mesothelioma, positive for

calretinin and CK 5/6 and negative for TTF-1and p63. She was seen

in consultation by Dr. Sundaram, pulmonary medicine, and by Dr.

Morris, cardiology.

On 1-23-2015, Ms. Mohl was seen in consultation by Dr. R. Resta,

oncology. Dr. Resta explained that the only curative therapy is radical

surgery with or without adjuvant chemotherapy and radiation. She

was referred to a thoracic surgeon at Albany Medical Center. Dr.

Resta advised Ms. Mohl to undergo a thoracoscopy with drainage of

the pleural fluid and pleurodesis for palliative reasons, and that

palliative chemotherapy could be considered. She was to follow up in

this office after her evaluation at Albany Medical Center.

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On 1-26-2015, Ms. Mohl was seen in consultation by Dr. T. Fabian,

thoracic surgery at Albany Medical Center. Dr. Fabian discussed

surgical options, including a total pleurectomy. Plans were made to

obtain a PET-CT scan and an MRI of the brain to continue staging of

her disease. A return appointment was scheduled for one week, after

the scans were obtained.

A PET-CT scan, skull to thigh, performed on 2-6-2015 demonstrated:

1. multiple extensive intense abnormal FDG avid foci throughout

almost the entire right pleura with most intense and extensive lesions

in the inferior portion around the liver. 2. Focal uptake in a small

nodule in the anterior thyroid gland may represent thyroid carcinoma

or adenoma or hyperplastic nodule or metastasis. Ultrasound guided

fine needle biopsy may be needed for diagnosis. Follow-up may be

also helpful. 3. Mild FDG uptake in two right retrocrural lymph nodes

may represent metastasis. 4. Moderate right pleural effusion without

increased FDG uptake. 5. Likely small right liver cyst. Status post

cholecystectomy with pneumobilia.

On 2-11-2015, Dr. Fabian saw Ms. Mohl in follow up after her scan

results were reviewed. A total parietal pleurectomy was not likely an

option, based on the findings on PET-CT scan. She agreed to

proceed with a thoracoscopy with intraoperative determination of

whether a total pleurectomy was possible. If not an option, then Dr.

Fabian would palliate the effusion and place a Port-A-Cath for further

treatment with chemotherapy and radiation therapy.

On 2-14-2015, Ms. Mohl was admitted to Albany Medical Center and

underwent an exploratory right thoracoscopy, aborted pleurectomy ,

talc pleurodesis, and right subclavian Port-A-Cath insertion by Dr.

Fabian. There were intraoperative findings of mesothelioma with

invasion of the pericardium and substantial lung metastases. Her

chest tube was removed on 2-16-2015 and she was discharged on 2-

17-2015.

On 2-19-2015, Ms. Mohl was seen in consultation by Dr. T. Doyle,

radiation oncology. She was still recovering from her recent surgery.

She had complaints of pain to the right anterior/lateral chest wall just

inferior to the right breast. Dr. Doyle recommended palliative radiation

therapy to the right chest to improve her discomfort. Plans were made

to treat with a dose of 3000 cGy per day fractions.

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On 2-25-2015, Ms. Mohl underwent the initial simulation in order to

begin the radiation therapy treatments under the direction of Dr.

Doyle.

On 3-2-2015, Ms. Mohl was noted to be suffering from persistent pain

to her right side, constipation, nausea, and leg edema. There was

discussion regarding initiating palliative care. The family agreed to a

Hospice evaluation. Dr. Resta was to also consult with Dr. Doyle to

discuss options for further radiation treatments to alleviate her pain.

On 3-3-2015, Ms. Mohl was seen by Dr. Doyle for radiation treatment.

On 3-4-2015, Ms. Mohl fell while at home. She was found on the floor

by her family and EMS was called. She was taken to Albany Medical

Center and admitted for evaluation. Upon admission to the ED, she

underwent a CT of the head, which showed no acute findings. Upon

examination, she was found to have some fluid in her abdomen and

an ultrasound of the abdomen was ordered. This prompted further

evaluation with a CT of the abdomen. The CT showed progression of

tumor burden in the chest and abdomen. Her hospital stay was

complicated by a UTI and hyponatrernia.

On 3-11-2015, Ms. Mohl, while an inpatient, was evaluated in

consultation by Dr. A. Chandra, radiation oncology at Albany Medical

Center. She was noted to be suffering from progressive weakness. ACT of the chest at that time had shown progression of tumor burden

in the right chest and abdomen now with involvement of the liver and

right colon. There was progression of right sided rib erosions and

increased pleural effusion, as well as ascites. Dr. Chandra discussed

proceeding with systemic therapy versus supportive care alone. He

also felt that if her pain became severe, she could be considered a

candidate for focal radiation treatment. He did not feel as if there was

a real indication for palliative radiation treatment.

On 3-16-2015, Ms. Mohl received the first cycle of systemic

chemotherapy with Alimta. Ms. Mohl continued to deteriorate

clinically. She became less responsive and was having increased

pain secondary to progression of her disease despite chemotherapy.

The family decided to consult Hospice for comfort care measures.

On 3-27-2015, Ms. Mohl was transferred to St. Peter's Hospital for

Hospice care.

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They worked in the main building and Mr. Mohl was exposed to

asbestos when he was in the presence of workers removing and

installing asbestos-containing packing in valves and removing,

scraping, cutting, and replacing asbestos-containing gaskets in

valves. Mr. Mohl was exposed to asbestos when he was in the

presence of workers removing and replacing asbestos-containing

packing and gaskets related to pumps. Mr. Mahl was exposed to

asbestos when he was in the presence of workers removing and

replacing asbestos-containing gaskets and insulation related to steam

traps. Mr. Mohl was exposed to asbestos when he was in the

presence of workers removing asbestos-containing floor tile (PAH62-

85).

They worked in the Tucker building and Mr. Mohl was exposed to

asbestos when he was in the presence of workers removing

asbestos-containing insulation and gaskets related to boilers and

steam traps. Mr. Mohl was exposed to asbestos when he was in the

presence of workers removing and replacing asbestos-containing

insulation and gaskets related to HVAC equipment (PAH86-91).

From 1978 until 1988, when Mr. Hoffman worked for Mr. Mohl at

Garden Way, Mr. Mohl was present when the workers built partitions

with which they applied sealants to hold laminates. Mr. Hoffman

stated that Mr. Mohl was exposed to asbestos when he was in the

presence of workers installed and cut asbestos-containing floor tile.

Mr. Mohl would help sweep up after this work. This work created

visible asbestos-containing dust. Mr. Hoffman stated that Mr. Mohl

was exposed to asbestos when he was in the presence of workers

installed and cut asbestos-containing gaskets related to pumps. This

work created visible asbestos-containing dust. Mr. Hoffman stated

that Mr. Mohl was exposed to asbestos when he was in the presence

of workers working inside HVAC units. Mr. Hoffman stated that Mr.

Mohl was exposed to asbestos when he was in the presence of

workers disturbing asbestos-containing gaskets in motors. Mr.

Hoffman stated that Mr. Mohl was exposed to asbestos when he was

in the presence of workers disturbing asbestos-containing gaskets in

transformers. Mr. Hoffman stated that Mr. Mohl was exposed to

asbestos when he was in the presence of workers cleaning the tubes

in boilers. They would remove, scrape, sand, cut, and replace

asbestos-containing gaskets in the boilers. They would clean up after

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this work with compressed air and brooms. They would patch the

hole in the flue with refractory cement. Mr. Mohl was present when

external asbestos-containing insulation was applied to the exterior of

boilers. This work created visible asbestos-containing dust. Mr.

Hoffman stated that Mr. Mohl was exposed to asbestos when he was

in the presence of workers removing, scraping, wire brushing, cutting,

drilling, and replacing asbestos-containing gaskets related to pumps.

This work created visible asbestos-containing dust. Mr. Hoffman

stated that Mr. Mohl was exposed to asbestos when he was in the

presence of workers removing, scraping, wire brushing, cutting,

drilling, and replacing asbestos-containing gaskets related to

compressors. This work created visible asbestos-containing dust. Mr.

Hoffman stated that Mr. Mohl was exposed to asbestos when he was

in the presence of workers removing, scraping, cutting, drilling, and

replacing asbestos-containing phenolic molding related to electrical

equipment, electrical panels, and electrical mounts. Mr. Hoffman

stated that Mr. Mohl was exposed to asbestos when he was in the

presence of workers removing, and replacing asbestos-containing

insulating blocks, insulating material, and gasket mounts related to

electrical equipment. This work created visible asbestos-containing

dust. This work created visible asbestos-containing dust (PAH161-

222).

Ms. Michelle Sullivan, Kathryn Mohl's daughter, stated that her father

Clyde died at age 75 years from a cardiac arrest. She stated that he

father worked as an electrician for Garden Way from 1971 until 1991.

She stated that he father brought asbestos-containing dust home on

his work clothes. (MS15-19). Michelle stated that he father performed

home renovations on their home at 27 West Street in the early

1970's. Her mother was present when he installed sheetrock, and

applied joint compound. (MS27-36). Michelle stated that her father

would wear his work clothes home from Garden Way and that they

were dusty. Her mother would hug her father daily when he arrived

home. This activity would produce visible asbestos-containing dust,

which her mother would breathe in. He would take his clothes off and

place them in the laundry basket. Her mother would shake his clothes

out and then launder them. This activity would produce visible

asbestos-containing dust, which her mother would breathe in. Dust

would get on the laundry rom floor and her mother would sweep the

dust up. She did not wear a mask (MS81-89).

FILED: ALBANY COUNTY CLERK 08/17/2018 10:03 AM INDEX NO. 901530/2015

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*I=lnterrogatories*MS=discovery deposition of Michelle Sumvan

*PAH=discovery deposition of Paul Arthur Hoffman

Pathology Reports:

Lung. Right Pleura Biopsy (1-14-2015): malignant mesothelioma,

epithelioid type.

Radiology Reports:

XR Chest, (5-1-2014): Hyperinflation with bibasilar scarring or

atelectasis

XR Chest, (1-11-2015): Moderate right pleural effusion

CT Chest with and without contrast, (1-11-2015): 5.4 cm pleural -

based right infrahilar mass between the right heart and the medial

right lung, a moderate right pleural effusion with pleural -based soft

tissue masses at the lateral diaphragmatic surface and subpleural

nodules.

MRI Brain with and without contrast, (2-2-2015): No abnormal

enhancements in the brain or abnormal signal to suggest metastatic

disease.

PET/CT skull to thigh, (2-6-2015): 1. Multiple extensive intense

abnormal FDG avid foci throughout almost the entire right pleura with

most intense and extensive lesions in the inferior portion around the

liver. 2. Focal uptake in a small nodule in the anterior thyroid gland

may represent thyroid carcinoma or adenoma or hyperplastic nodule

or metastasis. Ultrasound guided fine needle biopsy may be needed

for diagnosis. Follow-up may be also helpful 3. Mild FDG uptake in

two right retrocrural lymph nodes may represent metastasis. 4.

Moderate right pleural effusion without increased FDG uptake. 5.

Likely small right liver cyst. Status post cholecystectomy with

pneumobilia.

CT Head without contrast, (3-4-2015): No acute intracranial traumatic

abnormality.

CT Abdomen and Pelvis with contrast, (3-4-2015): 1. Progression of

tumor burden in the right chest and abdomen, now with involvement

of the liver and right colon. There has been progression of the right-

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sided rib erosions. Omental disease anterior and posterior to the

stomach is better appreciated. 2. Three large duodenal diverticula. 3.

Increase amount of ascites when compared to the prior exam. 4. No

hematoma.

U/S Abdomen-Limited (3-4-2015): Irregular heterogenous mass

adjacent to or contiguous with the lower medial aspect of the right

hepatic lobe. It is uncertain what this represents, but given the

patient's history, this may represent a hematoma.

Summary:

In summary, Ms. Mohl was a 79-year old woman who was suffering

from a malignant pleural mesothelioma. She died on 3-30-2015 from

malignant mesothelioma.

There is overwhelming and incontrovertible scientific evidence that

asbestos causes mesothelioma (1,2,3,4,5,6,7,39). Furthermore, there

is a general consensus among the scientific community, science

organizations, and health agencies that exposure to all forms of

asbestos, including chrysotile, increase the likelihood of developing

mesothelioma(8,9,10,11,12,13,14,15,,16,17,18,19,20,21,22,23,24,25,

26,27,37,38). Chrysotile, has been independently found to cause

mesothelioma and recent studies have strengthened this association

(40,41,42,43,44,45,46,47,48,49,50).

There is no safe minimal level of exposure to asbestos with respect to

mesothelioma (4,13,17,19,21,30,38,51). Indeed, NIOSH as early as

1972 stated that there was no evidence for a threshold or for a safe

level of asbestos exposure (18). Brief and low exposure to asbestos

have resulted in the development of mesothelioma

(10,13,31,32,33,34,35).

The Helsinki Criteria for the Diagnosis and Attribution of

Mesothelioma to Asbestos Exposure have stated: 1. that an

occupational history of asbestos exposure is sufficient to determine

attribution; 2. the great majority of mesotheliomas are due to

asbestos exposure; 3. an occupational history of brief or low level

exposure should be considered sufficient for mesothelioma to be

designated as occupationally related, and 4. A minimum of 10 years

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from the first exposure is required to attribute the mesothelioma to

asbestos exposure (28,29).

The risk of developing mesothelioma is greater the more an individual

is exposed to asbestos. Therefore, cumulative dose best explains the

increased risk of mesothelioma in a population (53,54).

Mesothelioma is considered a signature disease (55). This implies

that patients who developed mesothelioma, have, de facto,

developed the disease due to exposure to asbestos. There is no

dispute that the great majority of mesothelioma can be demonstrated

to be caused by asbestos. Attempts to attribute cases of

mesothelioma to spontaneous development have been discredited bythe scientific community (36).

The use of asbestos in electrical equipment including, for example,

phenolic molding compounds, arc chutes, flash barriers, insulating

boards, and other components provide reinforcement, dirnensional

stability, and heat resistance. Manipulation and or disturbance of

these asbestos-containing components can result in release of

asbestos fibers into the environment and are exponentially greater

than the ambient level of exposure (56,57,58,59,60).

Joint compound has been found to contain 5-12% asbestos by weight

(61,62). The application, mixing, and sanding of joint compound has

been shown to result in the significant release of asbestos fibers into

the workers environment that are exponentially greater than the

ambient level of exposure (56,61,62,63). In a study by Fischbein et.

al., hand sanding resulted in measured fiber concentrations of

asbestos fibers in personal air sampling as high as 16.9 f/cc (62). in

the same study, dry mixing of joint compound with water resulted in

personal air samples as high as 59.0 f/cc; and 15 minutes after

sweeping, air samples at 10 to 50 feet were as high as 41.4 f/cc. In

their series of 114 joint compound workers, Fischbein reported that

40.9% of workers had developed radiological evidence of asbestosis

(62).

The asbestos content of asbestos floor tile is reported to be 8 to 30%

by weight (65). Installation of asbestos floor tile has been reported to

result in airborne asbestos concentration as high as 0.26 f/cc (65).

Manipulation and/or disturbance of asbestos-containing floor tiles can

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result in release of asbestos fibers into the environment that are

exponentially greater than the ambient level of exposure (56,66,67).

In a study of asbestos airborne asbestos fibers during the cutting,

sanding, and snapping of asbestos containing floor tile, an average

level of airborne asbestos of 0.27 f/cc was measured. In addition, the

clothing wom by the worker conducting this study was found to be

contaminated with chrysotile asbestos (66). In another study,

repacking of asbestos-containing floor tiles resulted in an average

level of airbome asbestos exposure of 0.96 f/cc (67). Finally, there

have case reports of asbestos floor tile workers developing

mesothelioma and pleural calcifications respectively (68).

Manipulation and/or disturbance of asbestos-containing insulation

can result in release of asbestos fibers into the environment that are

exponentially greater than the ambient level of exposure

(56,69,70,71,72).

Manipulation and/or disturbance of asbestos-containing gaskets can

result in release of asbestos fibers into the environment that are

exponentially greater than the ambient level of exposure (56,

73,74,76). Indeed, in a stimulation study by Longo, removal by

scraping or wire brushing resulted in asbestos fiber concentrations as

high as 31.0 f/cc (73).

Manipulation and/or disturbance of asbestos-containing packing can

result in release of asbestos fibers into the environment that are

exponentially greater than the ambient level of exposure

(31,73,74,75). A stimulation study by Millette reported an asbestos

fiber concentration during valve packing removal up to 1.0 f/cc (76).

It is therefore my opinion, to a reasonable degree of medical

certainty, that Ms. Ms. MohI's cumulative exposure to asbestos was a

substantial contributing cause of her malignant mesothelioma. It is myfurther opinion, to a reasonable degree of medical certainty, that the

cumulative exposure to asbestos from each company's asbestos

product or products was a substantial contributing factor in the

development of Ms. Ms. Mohl's malignant mesothelioma and death.

Each such product for which exposure can be shown was a cause of

said disease. I base this conclusion on Ms. Mohl's clinical and

pathological evidence of malignant mesothelioma, the history of

repeated exposure to asbestos, and the appropriate latency period

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from the asbestos exposure until the development of malignant

mesotheliom .

Sincerel ,

Mark If i sb . .

Associate Director

General Thoracic Surgery

Columbia University College of Physicians and Surgeons

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