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HarrisMartin – New York Benzene Mock Trial

HarrisMartin – New York Benzene Mock Trial. Defense Industrial Hygienist Dr. Shanna Collie James G. Martingano MehaffyWeber Houston December 8-9, 2008 New York City. Qualifications. Education Training Practical Experience OSHA Consulting Legal Work. Scope of Testimony.

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HarrisMartin – New York Benzene Mock Trial

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  1. HarrisMartin – New YorkBenzene Mock Trial Defense Industrial Hygienist Dr. Shanna Collie James G. Martingano MehaffyWeber Houston December 8-9, 2008 New York City MehaffyWeber Houston|Beaumont

  2. Qualifications • Education • Training • Practical Experience • OSHA • Consulting • Legal Work MehaffyWeber Houston|Beaumont

  3. Scope of Testimony • What she will say • Discuss Industrial Hygiene • Prior printer case experience • Familiar with scientific literature of occupational exposure and disease • What she will not say • Not a medical doctor • Not an epidemiologist • Not a warnings expert MehaffyWeber Houston|Beaumont

  4. Edgar Williams vs. Chextron et. al • Press Cleaner – 1971-2006 • Solvent Use • Non-Hodgkin’s Lymphoma – NHL • Reviewed documents • No inspection • No dose estimate • No personal interview MehaffyWeber Houston|Beaumont

  5. Plaintiff’s Claims • Solvents are “defective” because they contain benzene • Solvents are “defective” because there is no warning that products contained benzene • Solvents are “defective” because they caused Mr. Williams’ NHL MehaffyWeber Houston|Beaumont

  6. What is Industrial Hygiene • Science and art devoted to the anticipation, recognition, evaluation, prevention, and control of those environmental factors or stresses arising in or from the workplace which may cause sickness, impaired health and well being, or significant discomfort among workers or among citizens of the community. MehaffyWeber Houston|Beaumont

  7. Key Concepts • Environmental Factors or Stresses • Anticipation • Recognition • Evaluation • Prevention and • Control • Workers/Community • sickness, • impaired health and well being or • significant discomfort MehaffyWeber Houston|Beaumont

  8. Environment Factors/Stresses • Work Environment • Printing Press • Los Angeles, CA • Large Piece of Equipment • Constant Cleaning Required • No Air Conditioning • Ceiling Fan/Vents • Products • Solvents – Chextron 250, Chextron 325 and Solve-Central Mineral Spirits • 3 Gallon Bucket • Applied with Rags • No Gloves/Respirator MehaffyWeber Houston|Beaumont

  9. Application of IH Principles • Anticipation and Recognition • Benzene? • Solvent Content • Chextron Solvent 250 - .2% • Chextron Solvent 325 - .08% • Solv-Central Mineral Spirits - .0006% (60 ppm. avg.) MehaffyWeber Houston|Beaumont

  10. Application of IH Principles • Evaluation • Benzene and NHL • Printers and NHL • Prevention • Not applicable • Control • Not applicable MehaffyWeber Houston|Beaumont

  11. Application of IH Principles • Significant Discomfort Among Workers • Protective Equipment • Gloves • Coveralls • Eye Protection • Respiratory Protection • Environmental Controls • Improved ventilation • Disease vs. Discomfort MehaffyWeber Houston|Beaumont

  12. Benzene and Disease • Not a medical doctor • Familiar with scientific literature of benzene and occupational exposure • Significant Benzene exposure associated with increased risk of specific types of leukemia • Wrong Disease • Wrong Exposure MehaffyWeber Houston|Beaumont

  13. Dose Response • Increase Dose results in increased Response – the more benzene, the more leukemia • Dose Estimate • Impact of Dose in this case MehaffyWeber Houston|Beaumont

  14. Summary • Wrong Disease • Wrong Exposure • No evidence of dose • Mr. Williams’ illness unrelated to his work at Los Angeles News • Some other environmental or hereditary cause MehaffyWeber Houston|Beaumont

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