2021 Talc Litigation Virtual Seminar Agenda

2021 Talc

*Schedule and Speakers subject to change

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Thursday, May 13, 2021

Time (Central) Program
10:00–10:15 a.m. Welcome and Introductions

Evelyn F. Davis, Hawkins Parnell & Young, LLP, Atlanta, GA
Joseph D. Cohen, Porter Hedges LLP, Houston, TX
10:15–11:15 a.m. Virtual Trial – Real Error

This presentation will address the ethical issues associated with remote trials.

Edward R. Hugo, Hugo Parker, LLP, San Francisco, CA
11:15–11:25 a.m. Break
11:25 a.m.–12:00 p.m. Daubert Challenges of Novel Plaintiffs' Analytical Methods/FDA Counting Criteria

This session will address recent challenges to new testing methodologies.

Christopher S. Kozak, Landman Corsi Ballaine & Ford P.C., Newark, NJ
12:00–12:30 p.m. Break
12:30–1:15 p.m. Malignant Mesothelioma and Its Non-Asbestos Causes: Talcum Powder Does not Create Occult Asbestos Exposure

This presentation addresses fallacies of Plaintiffs’ claims that cosmetic talc creates occult asbestos exposure and a discussion of fiber burden studies specific to talc and noncommercial amphiboles.

Eric D. Cook, Willcox Savage, P.C., Norfolk, VA
1:15–1:25 p.m. Break
1:25–2:10 p.m. Breakout 1: ISRTP

Dennis J. Paustenbach, PhD, DABT, CIH, Paustenbach & Associates, Jackson, WY
David G. Sarvadi, Keller and Heckman, LLP, Washington, DC
Dr. David Brew, Ph.D., Paustenbach and Associates, Jackson, WY
Jonathan Heywood, Paustenbach and Associates, Jackson, WY
Dr. Nadia Moore, Ph.D., DABT, CIH, ERT, J.S. Held LLC, Redmond, WA

Breakout 2: Retailer Liability

This session will focus on liability issues related to retailers of talcum powder products.

Keith M. Ameele, Foley & Mansfield, LLP, Los Angeles, CA
Ira D. Goldberg, Wools Peer Dollinger & Scher, Emeryville, CA

Breakout 3: Carrier Breakout Session (Insurance Industry Attendance Only)

Amanda Webber, Allianz Resolution Management, Novato, CA
Alexandra Nassopoulos, Resolute Management Inc, Boston, MA
2:10–2:20 p.m. Break
2:20–3:20 p.m. "Potential Airborne Asbestos Exposure and Risk Associated with the Historical Use of Cosmetic Talcum Powder Products" and Vermont Miner and Miller Studies

This presentation will focus on a discussion of "potential airborne asbestos exposures associated with the historical use of cosmetic talcum powder products" as well as a discussion on the recent work evaluating historical exposures of talc miners and millers in Vermont.

Amanda M. Burns, MSPH, DABT, Cardno ChemRisk, Brooklyn, NY
3:20–3:25 p.m. Break
3:25–4:25 p.m. Networking Activities

Take a brief look at our Community Service partner, Safe Haven, and then join your fellow conference attendees for a networking and wellness event – a Zoom scavenger hunt!
4:25–5:25 p.m. Young Lawyers Committee Cocktail Networking Hour

You couldn’t come to Nashville this year, so we’re bringing Music City to you! Join the Young Lawyers Committee as we spice it up by making a Nashville Hot Chicken Seasoning Shake and then cool it down with a Lynchburg Lemonade cocktail.  Litigators of all ages and experiences are welcomed!

Nashville Hot Chicken Seasoning Shake Recipe
Lynchburg Lemonade Cocktail Recipe

Friday, May 14, 2021

Time (Central) Program
10:00–10:10 a.m. Welcome and Introductions

Edward R. Ulloa, Hawkins Parnell & Young, LLP, Los Angeles, CA
Caroline M. Tinsley, Tucker Ellis LLP, Saint Louis, MO
10:10–11:10 a.m. Issues to Confront with Jury Selection

This presentation will focus on current affairs as they relate to jury selection. It will provide an overview of four main areas, including the COVID-19 pandemic, female jurors as they relates to talcum powder use, the current racial strife, and manufacturers removal of talcum products mid-litigation.

Susan G. Fillichio, Fillichio & Hastings Litigation Consulting, El Segundo, CA
Rick R. Fuentes, PhD, R&D Strategic Solutions, LLC, Mobile, AL
11:10–11:20 a.m. Break
11:20 a.m.–12:05 p.m. Potential Carcinogenicity of Fragrance and Heavy Metal from Cosmetic Talc

We have performed a risk assessment for potential upper-bound cancer risks posed by added fragrance ingredients (benzophenone, coumarin, and styrene) and naturally occurring heavy metals (cobalt, chromium, and nickel) reported to be present in cosmetic talc. In conjunction with claims of asbestos contamination, Plaintiffs' experts have alleged that these agents in a variety of talc-containing products may cause or substantially contribute to ovarian cancer and/or mesothelioma. Review of the scientific literature pertaining to these fragrance materials and heavy metals, however, does not support a causal connection with ovarian cancer or mesothelioma. Our upper-bound risk assessment assumes conservatively that the fragrance ingredients were each present at 1% by weight of the talc, and that all chromium metal present was chromium (VI), for a 70-year lifetime of daily cosmetic talc use as face powder or body powder. We found the upper-bound cancer risk estimates for each fragrance or metal component were less than one in a million and thus can be considered de minimis for public health purposes.

Brent D. Kerger, PhD, DABT, Exponent, Orange County, CA
Anne E. Loccisano, Exponent, Orange County, CA
12:05–12:15 p.m. Break
12:15–12:50 p.m. A Bradford Hill's Analysis of Cosmetic Talc as a Cause of Mesothelioma

In this session, a quantitative analysis of Sir Bradford Hill's guidelines for causal inference will be conducted to elucidate the potential causative relationship between cosmetic talc exposure and mesothelioma development. Specifically, multiple lines of scientific evidence related to cosmetic talc and mesothelioma will be discussed, evaluated, and ultimately synthesized using an empirical model to discern any potential causal relation between this exposure-response pair of interest.

A. Michael Ierardi, MES, MS, Cardno ChemRisk, Brooklyn, NY
12:50–1:00 p.m. Break
1:00–1:45 p.m. Plaintiffs' Attack on Cosmetic Talc Epidemiology

The goal of this presentation is to help provide an understanding of the epidemiological studies conducted to investigate the potential association between exposure to cosmetic-grade talc and mesothelioma, plaintiffs' key points of attack on the design and results of such studies, and their reliance on case reports purporting to support this association.

Erika L. Muse, Foley & Mansfield, New York, NY
1:45–1:55 p.m. Closing Remarks

DRI Cares

Safe Haven Family Shelter

DRI's Talc Virtual Seminar and Safe Haven in Nashville have partnered to raise awareness about Safe Haven's wonderful programs to help families experiencing homelessness. There are two ways to donate: funds and products.

Safe Haven’s mission is to lead the Middle Tennessee community’s effort to house, support, empower, and advocate for families experiencing homelessness.

For 37 years, Safe Haven has served as the premier shelter-to-housing program in Middle Tennessee that accommodates families experiencing homelessness. Safe Haven leads our community’s efforts to house, support, empower and advocate for families, allowing them to stay together. Transformative services focused on housing and employment provide families with the resources to become self-sufficient and successful. For more information, visit www.safehaven.org.

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Nashville Hot Chicken Shake Seasoning Blend

Ingredients:

  • ¼ cup Demerara Sugar or Dark Brown Sugar
  • ¼ cup Kosher Salt
  • 2 tablespoons Fine Ground Black Pepper
  • 2 tablespoons Cayenne Pepper
    • 2 tablespoons (mild)
    • 4 tablespoons (spicy)
    • 6 tablespoons (𝄞𝅘𝅥𝅮 ♬𝅘𝅥 feeling hot hot hot)
  • 2 tablespoons Chipotle Chile Powder
  • 2 tablespoons Ancho Chile Powder
  • 2 tablespoons Paprika
  • 2 tablespoons Granulated Onion Powder
  • 2 tablespoons Granulated Garlic Powder

Steps

  1. Combine all ingredients in a jar with a tight-fitting lid, then shake well to incorporate.
  2. Store seasoning in a cool, dark, dry place for up to six months.
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Lynchburg Lemonade

Ingredients:

  • 1 ½ ounces Jack Daniels or Uncle Nearest Whisky
  • 1 ounce Triple Sec
  • 1 ounce Lemon Juice
  • 4 ounce Lemon-Lime Soda
  • Lemon Slices (for garnish)

Steps

  1. Gather the ingredients.
  2. Pour whiskey, triple sec, and lemon juice into a glass and add ice.
  3. Top with soda.
  4. Stir well and garnish with lemon slices.
  5. Serve and enjoy.