-i- TO THE SUBROGATE PRESIDENT OF THE ... - Chevron

not justify the conclusion that billions of dollars should be paid for alleged harms
Mr. Cabrera was not appointed to assess, and for which he had no skill to evaluate. In
fact, Mr. Cabrera admitted that he was not able to independently assess the validity of
the psychosocial survey and, as his resume demonstrates, he lacks any experience or
qualifications in the field. His report fails to identify a single individual who prematurely
died of cancer, much less establish an exposure pathway or other fundamental proof of
causation.
Moreover, Mr. Cabrera’s report neither identified any particular type of cancer,
nor evaluated whether or not particular types of cancer could have been caused by
environmental factors other than hydrocarbon exposure—such as exposure to
pesticides, iodine deficiency, sexual history, or family history—prevalent in the
concession. 482 On the other hand, Dr. Aguirre, the Director of Grupo Oncologico at the
Hospital Metropolitana in Quito, has filed a declaration 483 explaining the likely causation
of any increased cancer risk in the region; 484 and disclaiming any causal relationship of
cancer to hydrocarbon exposure. 485 Dr. Aguirre issued his report after conducting
physical exams and reviewing medical history and records, 486 and supported his
conclusions with studies from the scientific community, various governments around the
world, and industry research which have failed to demonstrate a link between petroleum
and certain cancers. 487
482
Mr. San Sebastian himself admits to Mr. Donziger that his study has “certain
methodological . . . limitations,” and that he does not believe science to be the “best judge in these types
of cases . . . because it can be manipulated very - very easily.” Transcript of Crude Outtakes, attached as
Annex 1 to Chevron’s Motion filed Sept. 16, 2010 at 4:35 p.m. (CRS-375-00-03; CRS-375-00-04). One of
plaintiffs’ consultants also acknowledged that “at no time does it [the San Sebastian report] categorically
state that there’s a relationship between the oil and the [people’s cancer].” Transcript of Crude Outtakes,
attached as Annex 1 to Chevron’s Motion filed Sept. 16, 2010 at 4:35 p.m. (CRS-159-00-10).
483 See Declaration of Dr. Jose M. Aguirre dated Oct. 24, 2007 at 5, in Gonzales v. Texaco Inc.,
Case No. C-06-02820 WHA (U.S. District Court, N.D. Cal.), submitted as Annex 31 to Chevron's
Evidentiary Request No. 3.6 for the Cononaco-06 Essential Error Petition, filed Apr. 30, 2010 at 5:45 p.m.,
Record at 174968-175032, 174972.
484 Declaration of Dr. Jose M. Aguirre dated Oct. 24, 2007 at 6-7, 12-16, 19-21, in Gonzales v.
Texaco Inc., Case No. C-06-02820 WHA (U.S. District Court, N.D. Cal.), submitted as Annex 31 to
Chevron's Evidentiary Request No. 3.6 for the Cononaco-06 Essential Error Petition, filed Apr. 30, 2010
at 5:45 p.m., Record at 174968-175032, 174975-76, 174981-85, 174988-90 (noting that Ecuador has the
10th highest rate of cervical cancer in the world, citing a SOLCA report from 2004).
485 Declaration of Dr. Jose M. Aguirre dated Oct. 24, 2007 at 23, in Gonzales v. Texaco Inc.,
Case No. C-06-02820 WHA (U.S. District Court, N.D. Cal.), submitted as Annex 31 to Chevron's
Evidentiary Request No. 3.6 for the Cononaco-06 Essential Error Petition, filed Apr. 30, 2010 at 5:45 p.m.,
Record at 174968-175032, 174992.
486 Declaration of Dr. Jose M. Aguirre dated Oct. 24, 2007 at 5, 8-23, in Gonzales v. Texaco Inc.,
Case No. C-06-02820 WHA (U.S. District Court, N.D. Cal.), submitted as Annex 31 to Chevron's
Evidentiary Request No. 3.6 for the Cononaco-06 Essential Error Petition, filed Apr. 30, 2010 at 5:45 p.m.,
Record at 174968-175032, 174974, 174977, 174986.
487 Declaration of Dr. Jose M. Aguirre dated Oct. 24, 2007 at 23-31, in Gonzales v. Texaco Inc.,
Case No. C-06-02820 WHA (U.S. District Court, N.D. Cal.), submitted as Annex 31 to Chevron's
CERT. INTERMARK VER: JD
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