2018 10:03 am
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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).
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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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