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MARSHALL, DENNEHEY, WARNER, COLEMAN 3 GOGGIN
A PROESSIONSL CORL’ORAIION www.marshalldennehey.com
Direct Dial: 973-618-4166
Email: adbromberg@mdwcg.com
VIA ELECTRONIC MAIL
Laraine Pacheco, Esq.
Special Master
Law Office of Laraine Pacheco
2401 East Calle Sin Controversia
Tucson, Arizona 85718
November 2, 2011
A DEFENSE LITIGATION LAW FIRM
PENNSYLVANIA DELAWARE
Bethlehem Witmingte.
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In re: NYCAL April 2012 In Extremis Cluster Objections to Inclusion in Cluster for
Belluck & Fox, The Ferraro Law Firm, Karst and Von Oiste, Levy Phillips &
Konigsberg, The Locks Law Firm and Wilentz Goldman & Spitzer cases
Dear Special Master Pacheco:
We are writing as defense liaison counsel today, as you directed, to set forth defendants’
objections to the applications made by plaintiffs represented by the above-referenced firms, for
inclusion in the April 2012 In Extremis Cluster. Defendants reserve the right to make any
additional objections that may appear as additional records become available. Furthermore,
defendants reserve the right to object to any forum issues which may arise as depositions in these
cases go forward. In addition, defendants object to any case being included in the April 2012
Extremis Trial Group where all supporting materials, as required by §XIV of the CMO, were not
provided to defendants by the deadline.

Special Master Laraine Pacheco
November 2, 2011
Page 2
BELLUCK and FOX
Beers, Gerald (LC): MEDICAL OBJECTION. The medical submission consists solely of a
pathology report from a fine needle aspiration biopsy of the left lung. No Staging is reported.
This does not establish that the plaintiff is in an in-extremis state, i.e. that the plaintiff has a
terminal condition caused by an advanced-stage, asbestos-related lung cancer and has a
prognosis of one year or less.
Discovery: Plaintiff is a Tennessee native and worked primarily in Michigan, Oregon and New
Jersey. Sole NY claim is "afew months in BNY".
Borst, Edward (LC): MEDICAL OBJECTION. The medical submission consists solely of a
pathology report from right upper lobectomy and lymph node dissection. The Staging is
reported as Tia, NO (i.e. no regional lymph node involvement), Mx. This does not establish that
the plaintiff is in an in-extremis state, i.e. that the plaintiff has a terminal condition caused by an
advanced-stage, asbestos-related lung cancer and has a prognosis of one year or less.
Discovery: No interrogatories have been provided. No authorizations have been provided to
RecordTrak.

Special Master Laraine Pacheco
November 2, 2011
Page 3
Eggenberger, Kenneth (M): No medical objection.
Discovery: Plaintiff is a Colorado native and spent the majority of his life in California and
Arizona. No allegations of exposure in NYC. No authorizations have been provided to
RecordTrak.
Friedrichs, David (M): No medical objection
Discovery: No interrogatories have been provided. No authorizations have been provided to
RecordTrak.
Gorham, William Joseph (LC): MEDICAL OBJECTION. This is a holdover from the April
2012 group due to a medical objection. The medical objection is maintained. The medical
submission consists of a pathology report from a fine needle aspiration biopsy and a right upper
lobectomy (with a reported Stage of T2a, NO, Mx), a report from plaintiff pathologist James
Strauchen M.D. and plaintiff B-reader Fred Dula M.D. As a pathologist, Dr. Strauchen draws no
clinical conclusion as to the plaintiffs current morbidities or one-year survival prognosis. Dr.
Dula identifies "interstitial disease consistent with asbestos exposure / asbestos related disease"
but otherwise makes no other clinical correlations. These documents do not establish that the
plaintiff is in an in-extremis state, i.e. that the plaintiff has a terminal condition specifically
caused by an advanced-stage, lung cancer and has a prognosis of one year or less.
Harriot, Louis (M): No objection.

Special Master Laraine Pacheco
November 2, 2011
Page 4
Lettow, Arthur (M): MEDICAL OBJECTION: No medical documents received to date. In
addition, plaintiffs application letter dated 10/21/11 specifically acknowledges that plaintiff has
no tissue diagnosis of mesothelioma as of the NYCAL cut-off date and "is scheduled to have a
biopsy performed to confirm his diagnosis on November 1, 2011."
Discovery: No authorizations have been provided to RecordTrak. No interrogatorie have been
provided.
Marchesona, Robert (M): No medical objection
Discovery: No authorizations have been provided to RecordTrak.
Ragusin, Edward (M): Plaintiffs have indicated this case is being withdrawn.
Spreng, Maximillian (M): No medical objection.
FERRARO LAW FIRM
Vega, Glenda (M): No medical objection.

Special Master Laraine Pacheco
November 2, 2011
Page 5
KARST AND Von OISTE
Conklin, Gordon (LC): MEDICAL OBJECTION. The medical submission consists solely of a
pathology report from a right middle lobe wedge resection and a Stage of T2a,N0,Mx. This does
not establish that the plaintiff is in an in-extremis state, i.e. that the plaintiff has a terminal
condition caused by an advanced-stage, asbestos-related lung cancer and has a prognosis of one
year or less.
Erickson, Duane (M):
No medical objection.
Authorizations provided by counsel to RecordTrak are incomplete. They are not all signed and
notarized and do not provide sufficient information to obtain recfords.
Discovery: Arizona resident, never lived in NYC, alleged USN exposure at numerous places.
Plaintiffs counsel failed to serve verified Answers to Interrogatories and to provide documents
with the Interrogatories.
Laffey, Virgil (M): MEDICAL OBJECTION. No medical documents received to date.
Discovery: Ct. resident, never lived in NYC, USN exposure at various places.
Smith, William (LC): MEDICAL OBJECTION: The medical submission consists solely of a
pathology report from left lung biopsy. No Staging is reported. This does not establish that the

Special Master Laraine Pacheco
November 2, 2011
Page
plaintiff is in an in-extremis state, i.e. that the plaintiff has a terminal condition caused by an
advanced-stage, asbestos-related lung cancer and has a prognosis of one year or less.
Wierback, Edward (LC): MEDICAL OBJECTION. The medical submission consists solely of
a 03/29/11 pathology report from a right upper lobe wedge resection and a Stage of T2a, Nx. In
addition, a PET/CT scan performed four months earlier (on 11/19/10) was assessed as
"representing stage I lung cancer" without evidence of intrathoracic lymph node involvement or
"more distal spread of the disease." These documents do not establish that the plaintiff is in an
in-extremis state, i.e. that the plaintiff has a terminal condition caused by an advanced-stage,
asbestos-related lung cancer and has a prognosis of one year or less.
Discovery: Not certain of any exposure or residence in NYC.
LEVY, PHILLIPS & KONIGSBERG
Casaregola, Cosmo (M): No medical objection.
Fernandez, Alberto (M): No medical objection.
Kerstenbaum, Frank (M): No medical objection.
Discovery: NJ resident, no allegations of NYC exposure.
Krekora, Martin (M): No medical objection.

Special Master Laraine Pacheco
November 2, 2011
Page 7
Manigno, Martin (M): No medical objection
Discovery: Lifelong Long Island resident with alleged Long Island exposures.
Perez, Jose (LC): MEDICAL OBJECTION. The medical submission consists solely of
pathology report from a biopsy of left neck lymph node. The pathology report is incomplete as it
indicates that "a supplementary report for immunotains to follow." No Stage is given. The
supplementary report is not provided. Accordingly, the malignancy is, as yet, not designated as a
lung primary and the submitted pathology report, itself, does not establish that the plaintiff is in
an in-extremis state, i.e. that the plaintiff has a terminal condition caused by an advanced-stage,
asbestos-related lung cancer and has a prognosis of one year or less.
Spina, Robert (M): No medical objection.
Discovery: Florida resident since 1962, alleges Florida exposure from 1964 to present and USN
1952-1956.
Wilson, Carmen (M): No medical objection.
Discovery: Plaintiffs responses to requests for document production are insufficient. Plaintiff
has failed to respond as to the existence of documents or efforts to locate documents. Incomplete
authorizations provided to Record Trak.

Special Master Laraine Pacheco
November 2, 2011
Page 8
LOCKS LAW FIRM
Bertulovich, Edward (LC): MEDICAL OBJECTION. The medical submission consists of a
pathology report from a 05/11/11 left upper lobe core biopsy, a 10/13/93 handwritten letter by
Mario Pelletier M.D. and a 10/17/11 letter to plaintiffs son by Dr. Rowen Diano, the Medical
Director of the Hospice of New Jersey. While the pathology report indicates that the specimen is
consistent with a lung primary "if other possible sites (such as upper gastrointestinal and
pancreatobiliary tracts) are excluded clinically, the letter from the Hospice of New Jersey
indicates an admitting diagnosis of "malignant neoplasm upper lobe lung." Dr. Pelletier’s 1993
letter provides an evaluation "consisting [sic] with the diagnoses of asbestoses [sic] and
bronchitis secondary to asbestos exposure." These documents, while probative, do not establish
that the plaintiff has a terminal condition caused by an advanced-stage, asbestos-related lung
cancer and has a prognosis of one year or less.
Discovery: No authorizations have been provided to RecordTrak.
WILENTZ, GOLDMAN & SPITZER
Devine, George D. (M): No medical objection. This is a double holdover case.
Herlihy, Arthur D. (LC): No medical objection. This is a holdover case.

Special Master Laraine Pacheco
November 2, 2011
Page 9
Stumme, George (M): No medical objection. This is a double holdover case. Mr. Stumme
recently passed away, so new authorizations need to be provided to RecordTrak.
ADB:mm
cc: Jordan Fox, Esq. via E-mail
James Ferraro, Esq. via E-mail
Douglas Von Oiste, Esq. via E-mail
Audrey Raphael, Esq. via E-mail
Janet Walsh, Esq. via E-mail
Kevin Berry, Esq. via E-mail
Judith Yavitz, Esq. via E-mail
Respectfully submitted,
AR4 TG
A Member of the Firm