W9 CAUSE NO. 92-09548 BILL R. MILLER * IN THE DISTRICT COURT OF * ‘k * it VS. * HARRIS COUNTY, T E X A S * * . . FIBREBOARD CORPORATION, * 234TH JUDICIAL DISTRICT L: ET AL. kn Afi _ ; §_l$, A PLAINTIFF8' SUPPLEMENTAL ANSWERS TO DEFENDANT8&§{ 33 I JOINT INTERROGATORIES 333?; _ 5..-,,,.‘s.;'” ‘W '1 .a{'‘)‘:: i TO: All Defendants, by and through their respectivetfigtorne record. :3 “' u.§%; L3 7 g..,,. o”: COME NOW, BILL R. MILLER AND SHIRLEY J. MILLER, Pfhi t :7 and pursuant to Rule 168 of the Texas Rules of Civil Procedure, serve upon you the attached supplemental answers to Defendants‘ Joint Interrogatories. RESPECTFULLY SUBMITTED, UMPHREY, WILLIAMS & BAILEY BY: {j)tA4; {-:gf:ZE%:f:: ERIC BOGDAN TBA#02557400 8441 Gulf Freeway, suite 600 Houston, TX 77017 (713)649-6464 FAx#(713)543-5226 Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all counsel of record by certified malfi, return rec ipt reguested or by hand delivery, on the ' VHA. day of i}e,c¢.uv. U‘-r , 1992. ERIC BOGDAN A
§_l$, APLAINTIFF8' SUPPLEMENTAL ANSWERS TO DEFENDANT8&§{ 33 I
JOINT INTERROGATORIES 333?; _5..-,,,.‘s.;'” ‘W'1 .a{'‘)‘:: i
TO: All Defendants, by and through their respectivetfigtornerecord. :3 “'
u.§%; L37 g..,,.o”:
COME NOW, BILL R. MILLER AND SHIRLEY J. MILLER, Pfhi t:7
and pursuant to Rule 168 of the Texas Rules of Civil Procedure,
serve upon you the attached supplemental answers to Defendants‘
Joint Interrogatories.
RESPECTFULLY SUBMITTED,
UMPHREY, WILLIAMS & BAILEY
BY: {j)tA4; {-:gf:ZE%:f::ERIC BOGDAN
TBA#02557400
8441 Gulf Freeway, suite 600Houston, TX 77017
(713)649-6464
FAx#(713)543-5226
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoinginstrument has been forwarded to all counsel of record by certified
malfi, return rec ipt reguested or by hand delivery, on the' VHA. day of i}e,c¢.uv. U‘-r , 1992.
ERIC BOGDAN A
SUPPLEMENTAL ANSWERS T0 INTERROGATORIE8
2. Are you currently married? If so, please state your sp use'sname, address, and date of marriage and the name and a dressof your spouse's employer. Also, please state the fol owinginformation concerning any and all prior spouses, if a :
a. Name and date of marriage;
b. Whether that marriage; was terminated by divorce,
separation, annulment or death, and the date of suchtermination;
c. Name and address of all prior spouses at the time of anydivorce, separations, or annulments;
Petrolchem Field Services, P. 0. Box 60047, Houston, TX 77205-
047; 1989 - present. A
a. Sally Zimmerman; DOM: May 1956
b. Terminated by divorce; February 1970c. 910 Rainey River Dr., Houston, TXd. Unknown
8. Please state the name and address of each physician,chiropractor, doctor of osteopathy, or other practitioner ofthe healing arts who has examined or treated you, or to whomyou have gone for any reason during your lifetime; and statethe illness_ or injury for which each "person treated orexamined you and the dates of treatment.
* Please sign the authorization marked as "Exhibit A" andreturn it with your answers.
* You need not duplicate any information regarding the abovewhich you furnished under the standing order of July 7, 1982.
ANSWER TO QUESTION 8:
Dr. Chestney - Knoxville, TN (deceased). Treated for
pneumonia; 18 months old.
Bill R. Mi1lcr\Jnnu.u'y 11, 1993 Trill
Supplemental Inlerrogatoric: \ Rollins Group
ANSWERS TO INTERROGATORIES continued. . . .
Dr. Bartley Jones - Kelly St., Houston, TX. Family physician.
Allergies, colds, flu, general illnesses; 1970 - present.
Dr. Deluca - Humble, TX (North Memorial Hospital). Treatedfor back injury; approximately 1985.
Dr. Mark B. Stuart - Houston,Tx. Knee injury; 1990 - present.
Dr. Glenn Gomes / Dr. Gary K. Friedman - Texas Lung Institute,
Hermann Hospital, 6411 Fannin, Houston, TX. Pulmonary
consultation; 2/4/91 and 10/23/92. Dx: Asbestos-relatedpleural disease.
12. a. Are you presently employed and working? If so, state the
name and address of your employer, your jobclassification, rate of pay, and describe the type of
work which you are presently performing. If not presently
employed, give the same information as to your lastemployment with dates of such employment. Give the sameinformation with respect to your spouse.
b. Have you lost any time from wotk on account of any
physical ailment? If so, state:
* Please sign the authorizations marked "Exhibit C" and"Exhibit G" and return them with your answers.
* If you Thave filed a claim for social Securitydisability, please sign.the authorizationimarked “Exhibit
H" and return it with your answers.
(1) How much time have you lost during the last fiveyears; and
(2) Description of the illness or disability.
Bill R. Miller\ Ianuuy 11, 1993 Trial
Supplcmcntal Intcmagutoriu \ Rollin: Group 2
ANSWERS TO INTERROGATORIES continued....
ANSWER TO QUESTION 12:
13.
Yes. Petrochem Field Services, P. 0. Box 60047, Lee Rd.,Houston, TX 77205; 1990 — present.
Spouse: Petrochem Field Services, P. O. Box 60047, Lee Rd.,Houston, TX 77205; 1989-present.
b. Yes
1. Five months
2. Knee injury.
Have you ever received any accidental bodily injury? If so,state the nature and extent of injury. Have you ever been aparty to any claim or lawsuit for bodily injuries or personal
injuries to yourself? If yes, give the style and number ofthe lawsuit, date on which the suit was filed, name and
address of your attorney, and the ultimate disposition of theclaim or lawsuit. Answer fully.
ANSWER TO QUESTION 13;
15.
Received back injury while working for Bishop Plastering Co.,
Houston, TX. Workers’ Compensation filed. Paid all medical.Lawsuit filed. Settled in 1986. Received compensation:$20,000.
Received injury to left knee while working for Petrochem;9/28/91. Worker's compensation filed, still pending. Nolawsuit filed.
Asbestos related injury to the lungs. Dx: Asbestos-Cause no. 92-09548, filed 2/28/92.
Yes,
related pleural disease.
Case still pending.
Please state the name and address of each person who
participated in the preparation of these answers tointerrogatories or who furnished any information used in the
preparation of these answers to interrogatories.
ANSWER TO QUESTION 15:
Myself and my attorney.
Bill R. Miller \ January 11, 1993 Trill
Supplemental Inlorrogatoricn \ Rollin: Group ‘ 3
ANSWERS T0 INTERROGATORIES continued....
16. Please describe in detail yours and the decedent's employmenthistory.
ANSWER TO QUESTION 16:
Please include:w
3)
b)
C)
d)
9)
f)
9)
h)
Answer fully and completely.
Identification of each employer;
The dates of each such employment;
Identification of immediate supervisor and co- workers ineach employment;
The wage rate, hours worked and average weekly earnings;
Identification of your job duties, craft and titles for
each employment;
each employment wasIdentification of the reason
terminated;
Identify whether Plaintiff or Decedent was exposed toasbestos in each employment; and
Identify each asbestos product to which you or thedecedent was exposed, including identity of the
manufacturer's trade name and identity, and descriptionof the particular product in each employment; and state
in detail when, where and how you or the decedent was
exposed to each product.
Your failure to answer with
specificity will be considered as your testimony that you did not
use the product not identified during the time not specified.
Answer the above questions and give your answers with respect toproducts manufactured by the following manufacturers:
1.
2'
3.
4'
Aber Company Inc.;
A.C. & S., Inc.;
Anchor Paching;
Carey Canada, Inc.;
BmR.Mmu\nmnq1L1w3Tnu
Supplemental Inwrrogatoricl \ Rollins Group 4
ANSWERS T0 INTERROGATORIES continued....
5. Celotex Corporation;
6. Combustion Engineering;
7. Eagle-Pioher Industries, Inc.;
8. Fibreboard Corporation;
9. Flintkote;
10. GAF Corporation (Ruberoid Corporation);
11. Garlock, Inc.;
12. John Crane;
13. Johns Manville;
14. Keene Corporation;
15. M.H. Detrick;
16. National Gypsum Corporation;
17. Owens-Corning;
18. Owens—Il1inois, Inc.;
19. Pittsburgh Corning Corporation;
20. H.K. Porter Company, Inc. (Southern Asbestos);
21. United States Gypsum Corporation;
22. W.R. Gracef
ANSWER TO QUESTION 16: - SUPPLEMENTED
See previous Plaintiffs’ Answers to Defendants’ Joint
Interrogatories filed 3/20/92 for answers to Question No. 16.
1960s Shell Refinery, Deer Park, TX. Shell Plaza; 1974.
1990 — present Petrochem Field Services, P. 0. Box 60047, LeeRd., Houston, TX 77205
Bill R. MilIc1'\Ianuu'y 11, 1993 Trial
Supplemental Interrogatories \ Rollins Group 5
ANSWERS TO INTERROGATORIES continued....
PRODUCT IDENTIFICATION
MANUFACTURERS, SUPPLIERS AND PRODUCTS
I remember the following products. Where I recall the name of the
manufacturer, I have checked. the space. to the left of themanufacturer's name.
ABER INSULATION
Aber Cement
Unibestos Block & Pipe coveringUni—E1ls
Eagle Picher Super "66" CementEagle Picher one-Cote CementAmocelUnarco Cement
BASIC INDUSTRIES INC. FORMERLY KNOWN AS BASIC INDUSTRIES
OF TEXAS, INC. (successor in interest to STONABER, INC.)
THORPE PRODUCTS COMPANY, INC. or THORPE PRODUCTS COMPANY,
a Texas Corporation or J.T. THORPE COMPANY a subsidiary ofTHORPE CORPORATION or THORPE INSULATION COMPANY, a Texas
Corporation or J.T. THORPE INC. a California company orJ.T. THORPE & SON
CACTUS CONSTRUCTION COMPANY
TRIPLE B. CORPORATION
BASIC SERVICES INC. (formerly known as J & S INSULATORSInc.)
A M E INCORPORATED. (successor-in-interest to B S: 5
ENGINEERING &:SUPPL! CO.)
Bill R. Miikr\ Ilnuuy 11, 1993 Trill
Supplemental Intcrrogntorica \ Rollin: Group 1 2
ANSWERS TO INTERROGATORIES continued....
17. Identify by giving name, business address and home address,relationship to you (e.g. relative, friend, co— worker,
supervisor, etc.), and present occupation of each and everywitness that Plaintiff intends to use upon the trial ofthis case to testify that you at any time used or were
exposed to any product containing asbestos manufactured orsold by any and all defendants. In answering thisinterrogatory, please state:
Identify the job about which each witness will testify, andstate the name and address of your employer at such time,and the date and duration of each exposure, and identify byname and description the product about which the witnesswill testify.
ANSWER TO QUESTION 17:
18.
See "Product Identification Witness List" filed in the
Master Asbestos File on 11/3/92.
Do you have any direct evidence or invoices from suppliersfor any purchases from any or all of the Defendants? If
so, identify the document by date and the name of
purchaser, and place of delivery. Will you produce thedocuments for copying?
ANSWER TO QUESTION 18:
19.
b)
See Master Asbestos File
State the date you or the decedent first experienced anyrespiratory health problems, any lung or breathingproblems?
Describe in layman's language what your physicalcomplaints were at that time. The physical complaintsand symptoms of which you complain, and the date youfirst had these complaints.
Identify the physician who first advised you or thedecedent you had any of the following:
Bill R. 'Miller\Jmua.ry11,1993 Trial
Supplemental Inlenrogatoricl \ Railing Group 13
ANSWERS T0 INTERROGAT¢RIES continued....
1) Chronic obstructive lung disease;
2) Emphysema;
3) Pneumoconiosis;
4) Asbestosis; and
5) Any other lung condition related to exposure to
asbestos insulation products - specify.
o) Identify each physician who has attended you or thedecedent for lung or breathing problems and state:
1) The complaints made to each doctor;
2) The type of examination and/or treatmentreceived;
3) Whether x—rays were taken; and
4) The final diagnosis made.
ANSWER TO QUESZION 19:
19705
a. Shortness of breath, wheezing
b. 4. Dr. Gary K. Friedman
c. Dr. Gary K. Friedman
1. Shortness of breath, wheezing
2. Pulmonary consultation
3 . Yes)4. Asbestos related pleural disease
Bill R. Miiler \ January 11. 1993 Trial
Supplemental Inlcrrogntoriea \ Rollin: Group 1 4
ANSWERS To INTERROGATORIES continued....
24. Please state the following information as to each witness,
including each expert witness, whom you may call to giveopinion testimony at trial, and state the same informationas to each expert used for consultation only but whose workproduct forms a basis, either a whole or in part, of theopinions of an expert who will be called as a witness: theidentity and location (name, address, and telephone number)of each witness or expert, the subject matter on which thewitness or testifying expert is expected to testify, the
subject matter on which the consulting expert has beenconsulted, the medical impressions and opinions held by the
witness or expert, and the facts known to the witness orexpert (regardless when acquired) that relate to or form
the basis of mental impressions and opinions of the expertor witness.
Request is also made under Rules 166b(2) (e) and 167 that
you produce for inspection and copying all documents andtangible things, including all reports, physical models,compilations of data, and other materials prepared by anexpert or for an expert.
ANSWER TO QUESTION 24:
Herbert K. Abrams, M.D., M.P.H.Dr.
Dr.
Dr.
Dr.
Dr.
Henry A. Anderson
Alfred A. AngristJames W. Ba1lard~
J.D. Britton
Joseph D. Calhoun
Barry I. Castleman, S.C.D.Dr.
Dr.
Dr.
Dr.
Dr.
Dr.
Dr.
Dr.
Dr.
Dr.
Dr.
Dr.Dr.
Dr.
Dr.
Dr.
Dr.
Gary K. Friedman
Murray J. GilmanGlenn M. Gomes
David L. HinkampHorton Hinshaw (live or by deposition)Edwin Holstein
Ross C._KoryRichard M. Kradin
Ruth Lilis
Thomas Mancuso
W.T. Elliot MccaugheyJames A. Merchant
David Michaels
David Ozonoff
Victor Roggli ,,Gerrit SchepersDonald Shepherd
Bill R. Miller \ January 11. 1993 Trial
Supplancnul Intcnjrogatoties \ Rollin: Group 15
ANSWERS TO INTERROGATORIES continued. . . .
Dr. Martin L. Silbiger1
Bill R. Miller \ January 11, 1993 T:-id
Supplemental Intcrrogntoriu \ Rollfinn Group 1 6
ANSWERS TO INTERROGATORIES continued....
Dr. Peter G.Tuteur
Dr. Laura S. Welch
Testimony will be as provided in Master Asbestos File as filed on11/3/92.
Any and all treating and diagnosing physicians
Doctors Gary K. Friedman, Glenn Gomes, Jeff D. Britton will
authenticate medical expenses associated with the treatment ofasbestos related diseases.
Bill R. M.il1ar\Ianuary 1!, 1993 Trial
Supplemental Interrognoriea \ Rollin: Group 1 7
AFFIDAVIT OF ATTORNEY ANSWERING SUPPLEMENTAL INTERROGATORIES
BEFORE ME, the undersigned authority on this day personallyappeared ERIC BOGDAN, who being by me here and now duly sworn, upon
oath says that he is the attorney for Plaintiff in the above styledand numbered cause, and as such is duly authorized to make thefollowing statement: That he has read the statements contained in
the foregoing instrument and is fully cognizant of the facts setout therein and that the same are true and correct.
ERIC BOGDAN, Aff§%nt
SUBSCRIBED AND SWORN TO BEFORE ME by the said affiant on the1 ELK) day of lZE5;zzaé:£:1992-
TD:JENS-NUU-17-'92 TUE l6:55M ID:T§< LUNG INSTITUTE TEL ND:713 7'93-5273 4‘-3445 PBS
OCCUPATIONAL AND ENVIRONMENTAL
MEDICINE T __TE)(ASLUNGlNSTITUTE HERMANN
|u"nl||n..n|| November 12, 1992
Mr. John Eddie Williams
Attorney at Law
9441 Gulf Freeway, Suite 600Houston, TX 77017
Re: Bill Miller
SS#: 406-56-4429
Dear Mr. Williams:
in £o1low—up to Dr. Gomes' recent note of October 23, 1992 inregard to Mr. Miller, I have now had the opportunity to personallyreview a CT scan of the chest or November 2, 1992. I am happy toreport there was no evidence of lung cancer.
The CT scan clearly demonstrates the presence of bilateral pleuraldisease. Plaques are clearly identified and there is probablecalcification on the left posteriorly. '
The patient's pulmonary function studies showed significant declinesince 1991. The forced vital capacity at the Texas Lung Instituterevealed an Fva of 3.80 liters which was 77% of predicted. A slowvital capacity performed at the University of Texas Medical SchoolLaboratory was only 65% of predicted; however, I question whetherthere was adequate patient effort.
At this time, I believe the diagnosis of asbestos-related pleural
disease with impairment of lung function is appropriate(restrictive detect). '
Sincer_ ours,
Gary . Friedman, M.D., Director,Occupational & Environmental MedicinePulmonary Division '
‘ University of Texas Medical School
GKF:geT: 11/17/92
Texas Lung Institute 0 Hermann Hospital - Texas Medical Center6411 Fannin 0 Houston, Texas 77030-1501 u (713) 793-5115
A_ffI'h'ated with the University of Texas Medical School at Houston
NDU-1'?-1992 1.7391 TX LUNG INSTITUTE FLBB9
TD:JENS--~_—-»DCT—27~’92 TUE e9:1em 1D:TX LUNG INSTITUTE TEL ND:?13 793-5273 uzes PI2
CKIKH%JKNflALA®flDEbHHRCmfl%ENTAL October 23, 1992
Re: Bill R. Miller35?: 406-55--4429
DOB: 5/21/37
To when It May concern:
Mr. Miller is a 55-year-old gentleman who presents today in followvup examination for occupational-related lung disease.
PATIENT PROFILE: ,Mr. Miller is a 55-year-old satety manager forPetrochemical Field Services, who complains of increasing shortnessof breath and dyspnea on exertion. He notices this when heattempts to go up a flight of steps or climb ladders. He hasintermittent chest congestion, usually worse in-the morning._ Hehas no prior history of asthma, emphysema or tuberculosis. He hashad no rib fracture or chest trauma. He does describe a pasthistory of pneumonia. He has occasional pleuritic chest pain. Hehas occasional problems with a productive cough and clears histhroat on a regular basis. He does not have a regular cough andsputum production in the morning.
Present medications.include Tagamet.
Since his last visit to the Texas Lung Institute on 2/4/91, he hashad microscopic knee surgery approximately-a year ago.
In reviewing ‘his occupational history, apparently he hadsignificant history of asbestos,exposure in the past, being exposedto asbestos dust and_p1aster dust. He worked inside boilers atvarioue heavy'industrial and,petrochemicel facilities, primarily asa lather out or a local union. He did have a history of exposureto welding fumes but has not welded for the past 3 to 4 years.
He is a lifelong nonsnoker.
rnrsrcan EXAMINATION: This is a pleasant well-developed White malewhose pulse is 62 and regular, respiratory rate 20, blood pressure114/92, height 7o_inches,.weight 224 pounds. Pupils are equal and
CONTINUED
Texas Luhg Institute 0‘!-Iermann Hospital - Texas Medical Center6411 Fannin 0 Houston, Texas 77030-1501 0 (713) 793.5115
Afliffllted with the Urliversity of Texas .M(.‘dical Sckoof at Houston
DCT-2'?-1992 1832!? TX LUNG INSTITUTE F’-E7512
MEDICINETEXASLUNGINSTITUTE Hemmww
.._..«
V.-E
TD:JENS-—————————»+DCT—27—'92 TUE B9:18M ID:TX LUNG INSTITUTE TEL N0:713 793-5273 e295 P63
To Whom It May Concern 10/23/92Re: 3111 R. Miller Page 2
$S#: 405-55-4429
nos: 5/21/37
DCT-27-1992 18323
He is wearing glasses. TM's are clear. OralNECK: There is no lymphadenopathy.
reactive to light.
cavity is grossly normal.CHEST: Clear to auscultation, no wheezing, rales or rhonchi.HEART: Regular rate and rhythm without murmur or gallop. ABDOMEN:Soft, nontender, no organomegaly. EXTREMITIESx No cyanosis,clubbing or edema.
PULMONARY FUNCTION BTUDIHB: Pulmonary function studies reveal an
FVC of 3.80 liters, 77% of predicted, an FEV-1 of 3.28 liters, 93%of predicted, ratio FEV-1/EVC is 86%. Prior pulmonary functionstudies performed on 2/4/91 revealed an Fvc of 4.40 liters, 89% ofpredicted and FEV-1 or 3.59 liters, 100% of predicted.
Diffusion capacity performed on 10/23/92 at Hermann Hospitalrevealed reduced diffusion capacity of 69% of predicted.
INTERPRETATION: Pulmonary function studies are abnormal anddemonstrate a restrictive defect. On serial examination, there
appears to have been a fall in forced vital capacity.Additionally, his dirfusion capacity is mildly reduced.
CHEST x-nave: Four views dated 10/23/92 reveal bilateral pleural
plaque formation and minimal pleural thickening. The heart size isnormal. Pulmonary vascular structures are essentially within thenormal range. A few scattered calcifications are noted in the leftand right hilum. These films are compared to prior chest x-raystaken at Port—A~Ray of Texas dated 5/3/86. Due to differences in
radiographic technique, it is somewhat difficult to compare to themore recent films.
Prior films dated 4/14]89 from the Sunbelt Regional Medical Centerare reviewed. These films reveal some minimal bilateral pleuralthickening. Once again, when compared to more recent films, theredoes not appear to be any significant change.
In reviewing prior radiology reports, Dr. Britten notes in a filmdated 4/14/89 that there is bilateral pleural thickening. He alsodescribes mild diffuse interstitial fibrosis. Dr. John Harris
notes, on a film dated 2/4/91, that there is moderate and extensive
bilateral and apical pleural thickening. Pleural thickeninginvolving the left hemidiaphragm is also described. Dr. David Rexnotes, in a CT scan of the chest performed on 5/23/91, that thereis scattered pleural thickening identified bilaterally.
CONTINUED
TX LUNG INSTITUTE P.BB3
-r—..
DCT-27-1992
TD:JEN$UCT—27-'92 TUE B9:18M ID:TX LUNG INSTITUTE TEL ND:713 793-5273 e295 P04
To Whom It May Concern 10/23/92Re: Bill R. Miller Page 3
S5#: 406-56-4429Dos: 5/21/37
My personal review of the CT scan reveals evidence of pleuralthickening" bilaterally, as well as a small area of increasedradiodensity in the right upper lung field, possibly representinga vascular shadow or pulmonary nodule. This area is not clearlyidentified on more recent x-ray studies.
RBBESBMENT: Mr. Bill R. Miller is a 55-year~old gentleman who waspreviously diagnosed with asbestos-related pleural disease by Dr.Gary Friedman. His pulmonary function studies would indicate that
he has a mild degree or pulmonary impairment by American Thoracicsociety criteria. He describes himself as a lifelong nonsmoker.
REOOMMENDATIONE: A CT scan of the chest is recommended to further
investigate an ill-defined opacity in the right upper lung field.Malignancy has not been excluded.
He remains at increased risk for the development of lung cancer andmesothelioma, as well as other gastrointestinal and genitourinarymalignancies. He should obtain yearly chest x—rays and stools foroccult blood for the purpose of screening for malignancy.
Thank you for allowing me to evaluate this individual. It I can beof any further assistance, please do not hesitate to contact me.
