Case: 2:13-md-02433-EAS-EPD Doc #: 4078-2 Filed: 07/20/15 Page: 1 of 5 PAGEID #: 71826 P1.7 1220 N~neteenrhS t NW.Suats a0 Waslungton. DC 20036- 2100 . t r ~ . r 202833.8077 ->. a0211XJ.70n THE UEI?iERG GROUP INC. April 29.2003 Jane Brooks Vice President. Special Initiatives DuPont de Nemours & Company Chesmut Run 708 44 17 Lancaster Plke Wilmington. DE 19805 Re: Pcrfluorooctanoic acid (PFOA) Dear Ms. Brooks: I am preparing this letter in anticipation of our meeting on April 29,2003 in Washington, DC. This piece is intended to describe the services THE WEINBERG GROUP INC. can provide regarding issues related to perfluomhernicals generally and perfluorooctanoic acid (PFOA) in particular. Please note that this has been prepared prior to our initial meeting. 1 will most certainly follow up after our meeting with more specific ideas and recommendations after we have had the opportunity to discuss DuPont's concerns in greater detail. The constam theme which permeates our recornmenda:ions on the issues faced by DuPont is that DUPOhT MUST SHAPE THE DEBATE AT ALL LEVELS. We must implement a suategy at the outset which discourages governmental agencies, the plaintiffs bar. and misguided environmental groups from pursuing this matter any further than the current risk assessment contemplated by the Environmental Protection Agency (EPA) and the matter pending in West Virginia We strive to end this now. For 23 years. THE WEINBERG GROUP has helped numerous companies manag issues allegedly related to environmental exposures. Beginning with Agent Orange in 1983, we have successfully guided clients through myriad regulatory. Litigation, and public relations challenges posed by those whose agenda is to grossly over regulate. extract settlements from. or otherwise damage the chemical manufacturing industry. As we understand the situation, there is currently a great deal of attention focused on the safety of perfluorochemicals generally and PFOA in pmcular. Specifically, due to the situation in West Virginia and the activities of Environmental Working Group, the threat of expanded 63 Case: 2:13-md-02433-EAS-EPD Doc #: 4078-2 Filed: 07/20/15 Page: 2 of 5 PAGEID #: 71827 P1.7.2 Jane Brooks April 19,2003 Page 2 lirieation and additional replation by the EP.4 has become acute. In response to this threat. it is necessary for DuPont to prepare an overall technical and scientific defense strateu. We can assist with all phases of the technical and scientific defense, but more importantly. shape the debate and direction of the PFOA issue. The recent ruling by Judge Hill regarding blood testing underscores the need to act quickly and forcefully. The following will describe some of our capabilities in assessing che scientific facts, developing appropriate responses or sound scientific messages. building a team of world class experts LOdeliver those messages, and implementing a strategy to limit the effect of litigation and re ylation on the revenue stream generated by PFOA. DEVELOPMEST OF BROAD TECHNICAL DEFENSE STRATEGY For over two decades, clients have repeatedly communicated to us that of all the services we provide,.the most valued is our ability to provide an overall science-based defense suategy. This strategy can be applied to litigation, regulatory, or legislative problems that cause a particular product to be under pressure. Specifically, during the initial phase of our engagement by a client, we will harness, focus, and involve the scientific and intellectual capital of our company with one goal in rnind-creating the outcome our client d e s k s . This will entail the coordinated and focused compilation of specialists within THE WEINBERG GROUP to receive. review. and analyze all available relevant data regarding PFOA in particular, and polyfluorochemicals in general. These in-house experts ye scientists and physicians holding advanced degrees in such areas as epidemiology & biostatistics, pharmacology. pathology. toxicology, oncology. molecular biology. regulatory suategy, and product defense. The outcome of this process will result in the preparation of a multifaceted plan to take control of the ongoing risk assessment by the EPA, looming regulatory challenges, likely litigation, and almost certain medical monitoring,hurdles. The primary focus of this endeavor is to suive to create the climate and conditions that will obviate, or at the very least, minimize ongoing litigation and contemplated regulation relating to PFOA. This would include facilitating the publication cf papers and articles dispelling the alleged nexus between PFOA and teratogeniciry as well as other claimed harm. We would also lay the foundation for creating Daubert precedent to discourage additional lawsuits. THE WEIhBERG GROUP would also prepare an all-encompassing stravgy to meet public relations issues and. if necessary, prepare company representaxives for testifying before governmental bodies. Tacse are but a few of the selvices we provide. It is also important to note that these services will not be duplicative of the services provided by law firms and public relations firms. Although we work closely with counsel and other consultants. our &rvicts are distinct and science-based. Case: 2:13-md-02433-EAS-EPD Doc #: 4078-2 Filed: 07/20/15 Page: 3 of 5 PAGEID #: 71828 P1.7.3 Jane Brooks April 29,2003 Page 3 Over the past thirty years. the perfluorochemical industry has amassed a plethora of scientific data on the safety of PFOA.Many in the indusuy are convinced. wirh good reason. thar PFOA is safe. They would cite numerous studies and conclusions reached by a broad spectrum of scientists. All of h s is good. and certainly well intended. but the current litigation and regulatory climate demands a fresh new approach. In our opinion. it matters little that the industry is satisfied PF0.4 is safe.The real issue is the perception outside the industry. This battle must be won in rhe minds of the regulators, judges, potential jurors, and the plaintiffs bar. The recent certification by numerous federal courts of medical monitonn_pclasses as well as the o r p i t a t i o n , sophistication, and ficancial strenzth of the plaintiffs bar require an aggressive, relentless stratew be implemented and dnven by the manufacturen. Manufacturers must be the aggressors. A defensive posture. in our opinion. would be disastrous. THE WEINBERG GROUP can help DuPont take the lead on issues related to PFOA. We would suggest a multifaceted approach be implemented immediately. WHAT W E DO As the leading scientific consulting fm in the world, THE WEINBERG GROUP serves industries in four areas, the fmt of which is development, registrarion and support of pharmaceuticals, biologics, and devices. Other services deal with environrnentd. health and safety issues through the w of the latest information and techniques establishing risk levels and risk management techniques and organization of technical functions such as quality assurance and toxicolo~cal,clinical and epidemiological studies. In the fourth area, we provide science-based advocacy to help deal with emerging business problems in litigation. legislation and regulation. Our staff has a broad base of experience supporting counsel and their clients in responding to demands for damages. punitive rewards. reimbursement and futurt medical monitoring costs for personal injury and fraud associated with drugs, corporate conduct, and failure to provide the corrat information ro the public or legislaton and regulators. Specifically, in the area of Science-Based Advocacy, we assist with: analysis of plaintiffs' best c k and defendants' best response as a tool for strategy and tactic4 development: expert witness, spokesperson and panel identification and development in all issues in litigation; preparation of counsel for discovery, deposition, negoriation and trial; records review. analysis. and organization: preparation of primers describing critical issues and including approaches such as affidavits for use in summary jud,gnent and opposition to classcertification; document rcuieval. rnanagernent and analysis: unique development of experts with chemical, medical, epidemiologcal. biologics, rtgdatory. and legislative backgrounds; a variety of public relations programs needed to create jury understanding of the issues; and Case: 2:13-md-02433-EAS-EPD Doc #: 4078-2 Filed: 07/20/15 Page: 4 of 5 PAGEID #: 71829 P1.7.4 Jane Brooks April 29. 20C3 Page 4 Creation of exhibits. audiovisual presentations. and other devices to enhance lay clnderstanding of the issues in dispute. most notably the complex scientific concepts to be digested in defense argments. Ours is a task-oriented organization in which clients make specific assipment5 under carefully planned, client-controlled budgets. Our exper;ence in environmental exposure matters has repeatedly illustrated our client's need to control as many variables of liability exposure as possible. In addirion, some preliminary suggestions of tasks for managmg issue related to PFOA include: develop "blue ribbon panels" of thought leaders on issues related to PFOA Lhi RECIOSS WHERE MA.!!UFACTURWG PLANTS ARE LOCATED to create awareness of safety regarding PFOA in areas o i likely litigat~on.and in particular where medical monitoring claims may be brought; develop an a,okressivecampaign focused on the safety and utility of PFOA and the products it in whch it is used; coordinate the retrieval. organization. and analysis of l i t e r a m to date (both internal and external1 regarding safety of PFO.4 and create a centralized searchable database for industry use; begin to identify and retain leading scientists to consult on the range of issues involving-PFOA so as to develop a premium expert panel and concumntly conflict out expens from consulting with plaintiffs; begin to coordinate focus goups of mock jurors to determine the best "themes" for defense verdicts and perspectives on management of company documents and company conduct; rcshapc the debate by identifying the likely known health benefits of PFOA exposure by analyzing existing data, andlor constructing a study to establish not only that PFOA is safe over a range of serum concentration levels, but that it offers real h d t h benefits (oxygen carrying capacity and prevention of CAD); coordinate the publishing of white papers on PFOA,junk sciena and the limits of medical monitoring; work with industry lobbyists to ensure they remain on message regarding the scientific issues relaled to PFOA; provide the strategy to illustrate how epidemiological association has little or nothing to do with individual causation. and: begin to shape the Dauben standards in ways most beneficial to manufactures. THE W E I N E R G GROUP has developed an understanding of the variety of approaches needed to deal with each of these issues. Indeed, we have trial experience in these issues as well. Case: 2:13-md-02433-EAS-EPD Doc #: 4078-2 Filed: 07/20/15 Page: 5 of 5 PAGEID #: 71830 P1.7.5 s Jane Brooks April 29,2003 Page 3 I want to reiterate that we already have extensive experience in helping a Fortune 40 client with a very sirmlar compound to PFOA. Our experience and knowledge regarding this compound is very we11 established. We do not need ro educate ourselves at DuPont's expensc. I again stress that this was prepared prior to our initial meeting. but I wanted co provide marerial for you ro ruminate upon before our next discussion on these issues. Thank you again for the opportunity to be of service. Sincerely, Vice President Product Defense THE WEINBERG GROUP INC.