Memorandum Opinion: Award of Attorneys' Fees

Public Court Documents
February 25, 1998

Cite this item

Memorandum Opinion: Award of Attorneys' Fees preview

9 pages

Document text

The following text has been generated automatically during the document scanning process. It may contain errors, omissions, or incorrect formatting. Please refer to the PDF document if this text is not usable.

Download

By downloading, publishing, or reusing the Materials outside of the Website, you hereby confirm and attest that you have read and agree to the LDF Archival Collection Terms of Use linked below. We draw your attention to the following:

For those Materials owned by LDF, your use of the Material outside the Site is solely for one or more of the following (the “Permitted Purposes”):

Non-commercial research and private study;
Teaching, scholarship and instruction (including distance learning);
Non-commercial print and non-commercial online use;
Criticism, comment or news reporting; or
For people with visual disabilities (See Section 121 of the Copyright Act).
For those Materials not owned by LDF you understand that:
- It is your responsibility to determine whether the way you plan to use the materials falls within the copyright exception of Fair Use.
- For any use outside of Fair Use, it is your responsibility to seek and obtain all required permissions from any existing rights holders.

LDF hereby grants you the right to use LDF owned Materials for the Permitted Purposes without seeking further permission from LDF.

If you publish or redistribute any Materials (including excerpts and quotes), you must include a credit line and/or proper citation to the source of the Material. However, you may not use the name of LDF in any manner which creates any false association between you and LDF or that incorrectly implies any sponsorship or endorsement of you by LDF.

NOTICE: Uses that do not comply with these Terms or that do not fall under Fair Use (or another exception) may make you liable for copyright infringement.

Read the full LDF Archival Collection Terms of Use Here.

I agree to the terms and conditions for use of this content.

If you would like to use this content in other ways, contact us at

Impact area
- Economic Justice
Topic
- Healthcare
LDF Attorneys
- Bill Lann Lee
- Kirsten Levingston
Cooperating Attorneys
Organizations
Matter
- Thompson v. Raiford
Case
- Thompson v. Raiford
U.S. state
- California
Collection
- Case Files
Taxonomy
Identifier
- 81c45217-5d40-f011-b4cb-002248226c06

Cite this item

Case Files, Thompson v. Raiford Hardbacks. Corrected Declaration of J. Routt Reigart, M.D., 1992. 105454e4-5c40-f011-b4cb-000d3a1ccbbc. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/5d53ca2a-79bd-49ca-a2dd-3419a2269eea/corrected-declaration-of-j-routt-reigart-md. Accessed June 18, 2025.

Copied!

. od
UNITED STATES DISTRICT COURT [DEC § 1992

NORTHERN DISTRICT OF [rEsag WA on ML
ANC ~Y DOF HER { A K

DALLAS DIVISION | 8 ————

LOIS THOMPSON on behalf of and as next
friend to TAYLOR KEONDRA DIXON,
ZACHERY X. WILLIAMS, CALVIN A.
THOMPSON and PRENTISS LAVELL
MULLINS,

Plaintiffs,

PEOPLE UNITED FOR A BETTER
OAKLAND, on behalf of its members;
DENVER ACTION FOR A BETTER
COMMUNITY, on behalf of its members;
NEW YORK CITY COALITION TO END
LEAD POISONING, on behalf of its
members; ROBIN GOURLEY on behalf of
and as next friend to BRYAN ALAN
GOURLEY, WESLEY KYLE GOURLEY,
BRIDGET MICHELLE GOURLEY,
LINDA DANIELLE GOURLEY and
BETSEY IRENE GOURLEY; TEARRAH
ROBERSON on behalf of and as guardian
ad litem to JUAN WILKINS; and MARY
MARIE ROBERSON on behalf of and as
guardian ad litem to ASHARD MOORE,
JASON ROLLINS, ASHEA ROBERSON,
and NASHEIKA ROBERSON,

Proposed Plaintiff-Intervenors,

BURTON F. RAIFORD, in his capacity as
Commissioner of the Texas Department of
Human Services,

The UNITED STATES OF AMERICA,

Defendants,

uLOUIS W. SULLIVAN, in his capacity as
Secretary of the United States Department of
Health and Human Services,

Proposed Additional Defendant.

CADOC\THOMPSON\BRIERAMICIMEM

a a a EE A A

CASE NO. 3-92 CV 1539-R

Civil Action

Class Action

CORRECTED DECLARATION OF J.
ROUTT REIGART, M.D.

CORRECTED DECLARATION OF J. ROUTT REIGART, M.D.

I, J. Routt Reigart, M.D., declare as follows:

1. The matters stated herein are true of my own personal knowledge. If called

as a witness, I would competently and truthfully testify consistent with the following.

2. I am an Associate Professor of Pediatrics at the Medical University of South

Carolina in Charleston, South Carolina. Attached hereto as Exhibit 1 is a copy of my

abbreviated curriculum vitae.

3 Since July 1991, I have served as the Chairman of the American Academy of

Pediatrics’ Committee on Environmental Health ("Committee"). This Committee is

reviewing the Academy’s policy on lead testing and treatment, which is currently contained

in a five-year-old document entitled Statement of Childhood Lead Poisoning. We are

currently reviewing this document because recent information about lead toxicity in children

requires revised recommendations to pediatricians. I also serve as Chairman of the

Childhood Lead Poisoning Prevention Advisory Committee of the Centers for Disease

Control ("CDC").

PROFESSIONAL BACKGROUND

+. As a pediatrician I have devoted much of my professional career to the study,

screening and treatment of pediatric lead poisoning. For over 20 years I have been

researching, writing, teaching and lecturing on lead poisoning issues. In my medical

practice I have also screened and treated several thousand children who have been lead

poisoned.

5 I have authored and co-authored numerous articles and papers dealing

specifically with pediatric lead poisoning issues, including: Chisolm, Currant, Finbert

Hopkins, Lin-Fu, Piomelli, Reigart, Houk, "Increased Lead Absorption and Lead Poisoning

in Young Children. A Statement by the Centers for Disease Control," J. Pediatrics, 87:824

(1975); Penny, Reigart, Loadhold, Taylor, "Variability in Response to Lead Exposure:

Demonstration of a Genetic Influence," (Abstract), Pediatric Research, 11:438 (1977);

Whitlock, Reigart, Priester, "Lead Poisoning in South Carolina," SCMA Journal, 73:378

(1977); Reigart, "Lead Poisoning," Hospital Medicine, 17:161 16J, 16N, 16P: August, 1981;

Reigart, "Future Directions," Childhood Lead Poisoning — Current Perspectives (1988) and

Reigart, "Recommendations of the American Academy of Pediatrics on Lead Screening in

Children," Proceedings of the First National Conference on Laboratory Issues in Childhood

Lead Poisoning Prevention, October 31 - November 2, 1991.

6. Last month I addressed members of the Annual Academy of Pediatrics at its

annual conference in San Francisco on the issue of "Childhood Lead Poisoning." This

month I lectured at the University of Medicine & Dentistry of New Jersey, School of

Osteopathic Medicine, in Atlantic City, New Jersey, on the topic of "Pediatric Lead Poison

Prevention Continuing Education for Physicians," and in December I will facilitate a panel

at the National Childhood Lead Poisoning Prevention Conference discussing "Medical

Management Issues."

7 I serve on numerous committees dedicated to pediatric environmental health

issues, including: Chairman, Committee on Environmental Health, American Academy of

Pediatrics; Member, Lead Poisoning Education Task Force, Presidents Council on

Environmental Quality; Chairman, Centers for Disease Control Childhood Lead-Based

Paint Poisoning Advisory Committee; and as a Member of the Pew Charitable Trust’s

Advisory Committee on Lead Poisoning. In the past I have served on the Centers for

Disease Control Childhood Lead-Based Paint Poisoning ad hoc Advisory Committee and

worked with the Environmental Protection Agency as a Medical Consultant for Acute

Pesticide Poisoning.

LEAD POISONING AND MEDICAID ELIGIBLE CHILDREN

8. Speaking as a pediatrician, I am someone who has actually worked for many

years in lead poisoning prevention out in the field. The situation in my city, Charleston,

South Carolina, illustrates the enormity of the lead poisoning problem in young children.

In 1972, when we began screening in Charleston, we were detecting that somewhere in the

neighborhood of 39% of our children had blood lead levels greater than 40 pg/dL. By

1975, I was following over 1,250 children with lead levels greater than 30 pg/dL. Today the

Centers for Disease Control has decreased the level of concern to 10 pg/dL, so that there

are many more children out there who are potentially injured by dangerous blood lead

levels.

9, Although the American Academy of Pediatrics’ revised report is not yet

completed, one recommendation that will certainly come from the Committee is that there

is a need for more testing. Lead poisoning cannot be detected absent a blood test; a series

of questions cannot verify blood lead levels. Nor will a series of questions guarantee that

a child will be appropriately classified as low risk. In other words, a child can answer all

risk-identifying questions in the negative and still be poisoned.

10. Pediatricians obviously want to test for lead using a test that will accurately

measure blood lead at the levels of concern announced by the CDC (= 10 pg/dL.) The

erythrocyte protoporphyrin or "EP" test (which really does not measure blood lead levels

at all) is simply incapable of accurately predicting lead levels below 40 pg/dL.

11. In my opinion, as a pediatrician with extensive experience in lead poisoning

prevention, Medicaid eligible children represent a high risk group since the environment

of low-income children often contains numerous sources of lead exposure.

12. As noted in the CDC’s October 1991 statement, "[a]lthough all children are

at risk for lead toxicity, poor and minority children are disproportionately affected. Lead

exposure is at once a by-product of poverty and a contributor to the cycle that perpetuates

and deepens the state of being poor." U.S. Dep’t of Health & Human Services ("HHS"),

Public Health Service, Centers for Disease Control, Preventing Lead Poisoning in Young

Children, 12 (Oct. 1991) ("CDC Statement").

13. The CDC Statement concludes, and I concur, that accurate measurement of

blood lead levels can only be determined through the use of blood lead tests. Id. at 41.

Accordingly, if the lead testing program is to be effective and if children are to be saved

from lead poisoning’s devastating effects, it is essential that HHS immediately mandate that

States replace the EP test with the blood lead test as the primary lead screening method.

I declare under the penalty of perjury that the foregoing is true and correct, this
id
{ th day of December, 1992 in Charleston, South Carolina.

Nd fo tro

Ap Reigart, MD.

MEDICAL UNIVERSITY OF SOUTH CAROLINA

COLLEGE OF MEDICINE

ABBREVIATED CURRICULUM VITAE

NAME Reigart gp Routt DATE OF BIRTH 01/28/43
Last First Middle Initial

SOCIAL SECURITY NO.: 212-44-1620

CITIZENSHIP AND/OR VISA STATUS: US CITIZEN

OFFICE ADDRESS: MUSC Childrens Hospital TELEPHONE: 792-5345
171 Ashley Avenue
Charleston, SC 29425

HOME ADDRESS: 1036 Ft. Sumter Dr : TELEPHONE: 795-3831
Charleston, SC 29412

EDUCATION:

Dartmouth College 1961-1964 A.B.Biology
Dartmouth Medical School 1964-1965 Bachelor Med Science
Harvard Medical School 1965-1967 eM.
Marine Biology Lab 1964 Embryology Course

GRADUATE MEDICAL TRAINING:
INTERNSHIP: Childrens Hospital Medical Center 1967-1968

Boston, Massachusetts

RESIDENCIES OR POST DOCTORAL TRAINING:
Childrens Hospital Medical Center
Boston, Massachusetts 1968-1969;1971-1972

BOARD CERTIFICATION: DATE:
Diplomate, American Board of Pediatrics July 1973

LICENSURE: Diplomate, National Board of Medical Examiners 1968
South Carolina State Board of Medical Examiners 1970

FACULTY APPOINTMENTS: :
PLACE DATES RANK

Harvard Medical School 1971-1972 Teaching Fellow
Medical University of SC 1972-1976 Assist Professor
Medical University of SC 1976-1992 Assoc Professor
Medical University of sc 1973-1978 Assist Prof Med
MUSC Family Medicine 1978-1992 Assoc Professor Connecticut & Ohio Academies of
Family Practice/Core Content Review 1973-1976 Faculty
MUSC Clinical & Institutional Pharmacy 1983 Assist Professor

FIRST APPOINTMENT TO MUSC: RANK: Assistant Professor DATE: 1972

MEDICAL UNIVERSITY OF SOUTH CAROLINA
COLLEGE OF MEDICINE
CURRICULUM VITAE

NAME: Reigart John Routt November 18, 1992

HOME ADDRESS: 1036 Ft. Sumter Drive PHONE #: 795-3831
Charleston, SC 29412

OFFICE ADDRESS: MUSC Childrens Hospital PHONE #: 792-5345
171 Ashley Avenue
Charleston, SC 29425

SOCIAL SECURITY #: 212-44-1620

EDUCATION:

YEARS TRAINING IOCATION
1961-1964 A.B.Biology Dartmouth College
1964-1965 Bachelor Med Sc Dartmouth College
1965-1967 M.D. Harvard Medical School
1964 Embrology Course Marine Biology Lab
1967-1968 Intern, Medicine, Childrens Hospital Medical

Center, Boston, Mass
1968-1969 Junior Assistant Resident, Medicine,

Childrens Hospital Medical Center, Boston,
Mass

1971-1972 Assistant Resident, Medicine, Senior
Program, Childrens Hospital Medical Center,
Boston, Mass

SPECIALTY CERTIFICATION:
1973 Diplomate, American Board of Pediatrics

LICENSURE:

1968 National Board of Medical Examiners
1970 South Carolina State Board of Medical Examiners

MILITARY SERVICE:
1969-1971 USNR, Naval Weapons Station Dispensary
1970 Senior Medical Officer, NWS Dispensary

FACULTY APPOINTMENTS:
| 1971-1972 Teaching Fellow/Pediatrics Harvard Medical School

1972-1976 Asst Professor/Pediatrics MUSC
1976-1992 Assoc Professor/Pediatrics MUSC
1973-1978 Asst Prof/Medicine MUSC
1978-1992 Assoc Professor MUSC - Family Medicine 1973-1976 Faculty Core Content Conn/Ohio Acadenies
1983-1992 Asst Prof of Clinical/Inst Pharmacy, MUSC

HOSPITAL APPOINTMENTS:
1972-1975 Utilization Review Committee
1983 Bed Space Utilization ad hoc Committee
1987-1992 Director, Division of General Pediatrics

1983-1992
1981-1992
1987-1992
i972-1992
1989-1992
1972-1992
1977-1992

1977-1983

1972-1975

1975-1992

1973-1983

1976-1977

1979-1982

1987

¥986

Pharmacy & Therapeutic Committee
Medical Records Committee
Children's Hospital Executive Committee
Charleston Memorial Hospital Active Pediatric Staff
Charleston Memorial Hospital Chief of Pediatrics
Medical University Hospital Pediatric Staff
Medical University Hospital Medical Director
Infant Acute Care Ward
Medical University Hospital
Control Center

Medical Director Poison

RESEARCH APPOINTMENTS:
Project Pediatrician, Charleston Childhood Lead
Poisoning Detection Project,
Project Pediatrician, South Carolina Childhood Lead
Poisoning Project
Consultant in Pediatrics, South Carolina Pesticides
Project
Principal Investigator: Medical Decision Theory, A
Synopticon of the Literature
Principal Investigator: Amino-Levulinate Dehydratase
Variation and Susceptibility to Lead Induced
Protoporhyrinemia. NIEHS
Co-Investigator: A Comparative Study of Parenteral
Sulbactam Ampicillin versus Ampicillin and
Chloramphenicol in the Treatment of Meningitis in
Infants and Children - Pfizer, Inc.
Co-Investigator: Hemophilus Influenzae Protocol.
noncomparative study of Parenteral CP-45, 899 in
Combination with Ampicillin - Pfizer, Inc.
Principal Investigator: Contract - HRSD 86-316(P) ~
To Develop an Administrative Guide for Prevention of
Lead Poisoning in Children.

AWARDS, HONORS, MEMBERSHIP IN HONORARY SOCIETIES:
Outstanding Young Men of America Selection, 1976
Pediatric Attending of the Year Award 1989

MEMBERSHIP IN PROFESSIONAL/SCIENTIFIC SOCIETIES: (INCLUDING OFFICES

NATIONAL SOCIETIES AND COMMITTEES
American Academy of Pediatrics

Chairman, Committee on Environmental Hazards, 1991-1992 Environmental Protection Agency
Medical Consultant for Acute Pesticide Poisoning, 1974-1982 Presidents Council on Environmental Quality
Member, Lead Poisoning Education Task Force, 1992

Dept of Health and Human Services/BHCDA/MCH/SPRANS
Member, Technical Advisory Committee, 1986-1992

Southern Society for Pediatric Research
Executive Council, 1976-1980

American Academy of Clinical Toxicology
Moderator: Annual Meeting, Boston MS, 1983

American Medical Association

Consultant for Drug Evaluations, Division of Drugs &
Toxicology, 1992

enters for Disease Control
Childhood Lead-Based Paint Poisoning ad hoc Advisory
C ittee, 1977-78

airman, Childhood Lead-Based Paint Poisoning Advisory
Committee 1984-1992

National Academy of Sciences
Member, Committee on Enhancing the Role of the Primary Care
Physician in Occupational and Environmental Medicine, 1989-
1990

Pew Charitable Trusts
Member Advisory Committee on Lead Poisoning, 1992

Kids And The Environment
Member, National Advisory Committee, 1992

NIH/NIEHS/OSAAD
Medical Consultant, 1988-1992

LOCAL SOCIETIES -

Charleston County Medical Society
South Carolina Medical Association
South Carolina Pediatric Association
South Carolina Pesticide Advisory Committee

EDITORIAL POSITIONS: Assistant Editor - Poisondex
Reviewer - Journal of American Medical Assoc
Reviewer - Hospital Formulary
Reviewer - Pediatrics
Reviewer - Journal of Pediatrics
Reviewer - JAMA
Reviewer - New England Journal of Medicine

EXTRAMURAL GRANTS/AWARD AMOUNTS
A Safety and Efficacy Trial of 2,3-Dimercaptosuccinic Acid (DMSA
in Children with Lead Toxicity) ~ 5% Effort
McNeil Consumer Products company
04-18-91 to Open
Direct Costs $19,500 Indirect Costs $4,524

Pediatric Emergency Room Coverage
Charleston Memorial Hospital : 07/01/90 - 06/30/91 : Direct Costs $132,000
07/01/91 - 06/30/92
Direct Costs $193,645

General Pediatric Service Contract
Naval Regional Medical Center
Charleston Navy Hospital
04/01/92 - 3/30/94

Low Country Childrens Center Contract
Low Country Childrens Center
12/01/91 - 11/30/92

INTRAMURAL GRANTS/AWARD AMOUNTS
Pediatric Continuity Clinic
Children's Hospital
09/01/90 - 06/30/91
Direct Costs $82,210
07/01/91 - 06/30/92
Compensation $102,710

Continuity Care Clinic
MUSC Hospital
09/01/90 - 06/30/91
Direct Costs $225,000
07/01/91 - 06/30/92
Subsidy =~ $236,250

ACADEMIC COMMITTEE ACTIVITIES:
UNIVERSITY
Physical Therapy Program Medical Advisory Committee (1978-

present)
Graduate Student Advisory Committee

COLLEGE

Curriculum Review Committee (1983)
Children's Hospital Executive Committee (1985-present)
Continuing Medical Education Committee
Behavioral Science Course Committee (1973-1978)
Faculty Advisory Council (1972-1976)
Interviewer for Admission Committee (1973-1979)
Curriculum Review Sub-committee (1983-1986)
Intro to Clinical Medicine Steering Committee (1985-1988)
Chairman, Curriculum Review Committee (1984-1986)
Basic Clinical Genetic Course ad hoc Committee (1983)
Task Force on National Boards (1983-1984)
Task Force on Premedical Education (1983-1984)

DEPARTMENT

“Pediatric Executive Committee -/937-/442
Student Curriculum Committee (1983)

DIVISION

Director (1987-1992)

FOR TEACHING RESPONSIBILITIES: (CURRENT)

UNDERGRADUATE MEDICAL EDUCATION
Division Director Pediatric Core Course
Core Course Ward Teaching

GRADUATE MEDICAL EDUCATION

Resident Lectures and Clinical Teacher

GRADUATE STUDIES EDUCATION
Fellow Lectures/Training
Graduate Student Advisory Committee

Sherry Stine, M.D., Ph.D., Biochemistry
William McLean, M.S. Biochemistry
Richard Porter, M.S. Biometry
Julie McElrath, Ph.D. Pathology
Sandra Russ, M.S. —- CAH, MUSC

CONTINUING MEDICAL EDUCATION
Ground Rounds Lectures :
Instructor for Louisville/Jefferson Co Dept of Health, Childhood
Lead Poisoning Training Workshop

MAJOR CLINICAL INTERESTS AND RESPONSIBILITIES:
General Pediatrics, Toxicology

INVITED LECTURES:
"Experience with Newborn Transport Systems". New England
Pediatric Society, December, 1971.

"Diagnosis and Treatment of Lead Poisoning". Memorial Hospital,
Savannah, Georgia, August 27, 1973.

"Longitudinal Studies of Blood Lead and Free Erythrocyte
Protoporphyrin". Also Workshop Moderator. "Screening and
Treatment". Tri-Regional Lead Poisoning Staff Conference, New
Orleans, Louisiana, December 11, 1974.

"Diagnosis and Implications of Low Level Lead Toxicity". South
Carolina Pediatric Society, April 5, 1974.

Moderator - South Carolina Forum on Child Protection, Columbia, SC, March 14, 1974.

"Longitudinal Observations of FEP and Blood Lead", Charleston,
SC., May 29, 1974. National Conference of Childhood Lead
Poisoning Control Projects, Center for Disease Control,

"Clinical Aspects of Childhood Lead Poisoning".Pediatric Grand
Rounds, South Alabama Medical Center, July 22, 1975.

Pediatric Grand Rounds, University of Louisville School of
Medicine, August 22, 1975. -"Clinical Aspects of Childhood
Lead Poisoning".

National Conference of Childhood Lead Poisoning Prevention,
Norfolk, VA, October 22, 1975. "Program Operations with
Erythrocyte Protoporphyrins".

Pediatric Grand Rounds, University of Tennessee Medical School,
Memphis, November, 1975. "Clinical Aspects of Childhood Lead
Poisonings".

Chairman - Sessions Medical Management. HEW ~ Tri-Regional
Conference of Childhood Lead Poisoning Projects - February
25, 1976. Mobile, Alabama.

Visiting Professorship and Grand Rounds - University of North
Carolina Medical School, Chapel Hill. Topics: Lead Poisoning
and Toxicology. March 4-5, 1976.

"Variability in Response to Lead Exposure - Demonstration of a
Genetic Influence" - APS-SPS Annual Meeting. April 29, 1977.
San Francisco, CA.

"Clinical Aspects of Childhood Lead Intoxication! - Workshop on
Planning Pediatric Lead Screening Program in North Carolina, NIEHS-RTP, NC, May 5, 1977.

"New Aspects of Prevention of Lead Poisoning". National
Association for Retarded Citizens. Northeast/Southeast Regional
Conference. Myrtle Beach, SC, April 15, 1978,

"Lead Poisoning in Childhood" ~ Grand Rounds. M.C.G. - Augusta,
Georgia, March 15, 1979.

"Symposium on Childhood Lead Poisoning". South Carolina
Department of Health and Environmental Control. Columbia, SC,
October 23, 1980.

"Interaction of Nutrition and Lead Poisoning in Childhood".
Nutrition Council and Area Health Education Center. Columbia, SC, June 20, 1980

"6th Annual Conference on Vital Records and Statistics".
Department of Health and Environmental Control, Columbia, SC,
October 5-6, 1980.

"An Alternative Method of Intravenous Drug Administration in
Pediatric Patients - The Use of Low Volume Tubing", Vander-veen
TW, Reigart, JR, and Smith S. Presented ASHP MidyearClinical
Meeting, Los Angeles, CA, December 5-9, 1982.

"Management of Common Ingested Poisons in Children", Care of the Critically Ill or Injured Patient. Charleston, SC, December 3,
1982.

"Medical Evaluation and Management of Pesticide Exposure",
Southeast Louisiana Emergency Medical Services Council,
Recognition and Management of Environmental Disease in the
1980's, New Orleans, 1A, December 9, 1983.

"Childhood Lead Poisoning" - Pediatric Grand Rounds, University
of Louisville College of Medicine, March 25, 1984.

"Pesticide Exposure in Children", 1984 Migrant Health
Conference, The Migrant Child. Charleston, SC, April 14, 1984.

"Acute Pesticide Exposure" - Care of the Critically Ill or
Injured Patient =~ Charleston, SC, November 17, 1984.

"Childhood Lead Poisoning" - New Jersey Anti-Lead Poisoning
Coalition, Trenton, New Jersey, October 10, 1984.

"Medical Aspects of Childhood Lead Poisoning" - Migrant Health
Workshop - salt Lake City, Utah, January 18, 1985.

"Relationship Between E.P., Iron Deficiency and Lead Poisoning",
Workshop, Commonwealth of Virginia - Richmond, VA, August 29,
1985.

"Diagnosis, Supportive Management and Chelation Therapy" -
Current Issues in Pediatric Lead Poisoning - Chicago Department
of Health - March of Dimes, Chicago, Illinois, May 3, 1985.

"Children at Risk: The Impact of Lead" - Eastern Area Health
Education Center, Greenville, NC, April 4, 1986.

"Childhood Lead Poisoning", Grand Rounds - Rhode Island
Hospital, June 6, 1986.

"Current Perspectives - Future Directions", National childhood
Lead Poisoning Conference, Indianapolis, Indiana, Decenber,
1987.

"Lead Poisoning Prevention", Injury Control/Lead Poisoning
Prevention Program, Chatham County Department of Public Health,
Savannah, Ga, May 10, 1989.

"Health Effects and Medical Management of Lead Poisoning", First
Lead Poisoning Workshop, North Carolina Department of Human
Resources, Raleigh, North Carolina, May 3, 1989.

"Laboratory Issues in Childhood Lead Poisoning Prevention",
Association of State and Territorial Public Health Laboratory
Directors, Columbia, Md, November 1991.

"Childhood Lead Poisoning", Committee on Children with
Disabilities, Chicago, Ill, December 1991

"Pesticides, Children, and Food Safety", Public Voice's 1992
Children and Nutrition Conference (Guiding Kids to a Healthy
Life), Washington, D.C., January 1992.

"Childhood Lead Poisoning", Division of Children's Health Grand
Rounds, Richland Memorial Hospital, Columbia, SC January 1992.

"Childhood Lead Poisoning Prevention" Trident Regional Hospital, Charleston, SC, May 1992.

"Childhood Lead Poisoning", Grand Rounds, Orangeburg Regional Hospital, Orangeburg, SC June 1992.

"Clinical Answers: The Modern Approach", Metal Binding in
Medicine~--Lead/Cadmium Conference, Great Lakes Association of
Clinical Medicine Meeting, Grand Rapids, MI, September 1992.

"Childhood Lead Poisoning", Annual AAP Meeting, San Francisco,
CA, October 1992

Moderator for NIEHS Meeting, Triangle Research Park, NC,
November 1992.

"Pediatric Lead Poison Prevention Continuing Education for
Physicians", University of Medicine & Dentistry of NJ, School of
Osteopathic Medicine, Atlantic City, NJ, November 1992.

"Medical Management Issues", Facilitator; National Childhood
Lead Poisoning Prevention Conference, December 1992.

EXTRAMURAL PROFESSIONAL ACTIVITIES:
Get the Lead Out Committee
Childhood Lead Poisoning Talk Forum, Channel 5
Charleston Lead Poisoning Prevention Coalition
Charleston Memorial Hospital Executive Committee

COMMUNITY SERVICE:
District Enrollment Director, SC District, Dartmouth College
President, Kiwanis Club of Charleston
Board of Directors, MUSC Childrens Hospital Fund

BIBLIOGRAPHY:

JOURNALS:

Lash J, Reigart JR, Studies in Ascidian Metamorphosis:
Birefringence in Tail Epidermis", Biological Bulletin
129:395:1965.

Habercam JW, Keil JE, Reigart JR, Croft HW. "Lead Content of
Human Blood, Hair, and Deciduous Teeth:Correlation with
Environmental Factors and Growth". The Journal of Dental
Research, 53:1160, 1974.

Reigart JR, Brueggeman JL, Keil JE, "Sodium Fluoracetate
("1080") Poisoning". American Journal of Diseases of Children,
129: 1124, 2197S.

Harmon GE’, Reigart JR, "Long-Term Follow-up of Survivors of
Severe Acute Pesticide Poisoning". South Carolina Medical
Association Journal. 71:253, 1975.

Reigart JR, Whitlock NH, "Longitudinal Studies of Blood Lead and
Free Erythrocyte Protoporphyrin". Pediatrics, 57:54, 1976.

Cupp CM, Kleiwer G, Reigart JR, Sandifer SH, "Hypothermia in
Organophosphate Poisoning and Response to PAM". South
Carolina Medical Association Journal, 71: April, 1975.

Allen RC, Harley RA, Reigart JR, "Quantitative and Qualitative
Studies of Protease Inhibitor Phenotyping by Isoelectric
Focusing on Polyacrylamide Gel Slabs". (Abstract) American
Journal of Clinical Pathology, 63:767, 1975.

Reigart JR, Graber CD, "Evaluation of the Humoral Immune
Response of Children with Low Level Lead Exposure". Bulletin
of Environmental Contamination and Toxicology, 16:112, 1976.

Chisclm JJ, Currant AS, Finbert AS, Hopkins DR, Lin-Fu Js,
Piomelli Ss, Reigart JR, Houk VH, "Increased Lead Absorption and
Lead Poisoning in Young Children. A statement by the Center for
Disease Control", J. Pediatrics, 87:824 1975.

Penny LD’, Reigart JR, Loadhold CB, Taylor HL, "Variability in
Response to Lead Exposuro: Domonctration of a Cenetic
Influence". (Abstract), Pediatric Research, 11:438, 1977.

Whitlock N, Reigart JR, Priester L, “Lead Poisoning in South
Carolina". SCMA Journal, 73:378, 1977.

Reigart JR, "Lead Poisoning". Hospital Medicine, 17:161 16J,
16N, 16P: August, 1981.

Trammel HL, Sandifer SH, Reigart JR, and Hurwitz GA
(Abstract) "National Pesticide Telecommunications Network: A
Specialized Poison Information Center", Veterinary and Human
Toxicology, 23:52, 1981.

Reigart JR and Trammel HL. (Abstract), "Treatment of Acute
Dapsone Intoxication in a Child by Pulse Dosing with Activated
Charcoal". Veterinary and Human Toxicology. 23:58, 1981.

Thompson DF’, Trammel HL, Robertson NJ, and Reigart
JR."Telephone Evaluation of Regional and Non-Regional Poison
Centers", New England Journal of Medicine. 308: January 27,
1982, Number 4.

Reigart JR, Trammel HL, and Lindsey JM, "Treatment of
Symptomatic Dapsone Poisoning by Repetitive Activated Charcoal
Treatment in a Child". Journal of Toxicology-Clinical se
Toxicology. 19:1061, 1983. =

Reigart JR, and Trammel HL: "Plasma and Red Blood Cell
Cholinesterase Levels are Poor Predictors of Cholinergic -
Symptomatology". Veterinary and Human Toxicology. 24:276,
1982. (Abstract).

Olanoff LS, Bristow W, Colcolough J, and Reigart JR. "Acute
Chlordane Intoxication". Toxicologyv-Clinical Toxicology
20:291-306, 1983.

Medical Students’ Graduate Students® Residents’

Trammel HL, and Reigart JR. "Acute Herbicide Intoxication".
Clinical Toxicology Consultant. 5:56-69, 1983.

Rogan WJ, Reigart JR, and Gladen BC, "Association of Amino
Levulinate Dehydratase Levels and Ferrochelatase Inhibition in
Childhood Lead Exposure". The Journal of Pedjatrics. 109:60-
64, 1986.

Weist DB, ONeal W, Reigart JR, Brundage RC, Gillette PC, and
Yost RL, "Pharmacokinetics of Ranitidine in Critically I11
Infants". Developmental Pharmacology and Therapeutics. Dev
Pharmacol Ther 1989; 12(1): 7-12

Durand RP, Fincher RE, Reigart JR, Lichtenstein LS, Lancaster,
CJ, and Levine JH "An Analysis of Third Year Medical Students’
Abilities to Order Appropriate Diagnostic Tests and Procedures".
Learning. Academic Medicine. 66(11):702-04, July, 1991.

Hammill WW', Reigart JR, Laver J, "Ehrlichia Canis Infection in
a Child in South Carolina", Clinical Pediatrics, Clin Pediatr (Phila) 1992 Jul; 31(7):432-4.

Reigart JR, Chairman, Committee on Drugs, American Academy of
Pediatrics; and Committee on Environmental Health, American
Academy of Pediatrics, "Use of Chloral Hydrate for Sedation in
Children" Pediatrics (In Press).

Reigart JR, Chairman, Committee on Environmental Health,
American Academy of Pediatrics, "Lead Poisoning - From Screening
to Prevention" Pediatrics, (In Press).

Reigart JR. Chairman, Committee on Environmental Health,
American Academy of Pediatrics, "Ambient Air Pollution:
Respiratory Hazards to Children", Pediatrics, (In Press).

BOOKS AND OTHER MONOGRAPHS:

Krall AR, McLean Jr ws¥, Gamble HF, Rogers Jr EW, Reigart JR,
Collawn Ss”, "Effects of Magnesium Infusions on the Metabolism
of Calcium and Lead: Evidence for Release of Calcitonin and
Parathyroid Hormone in Response to Changes in Plasma Magnesium
Content." In Magnesium in Health in Disease Proceedings of 2nd
Int. Symposium on Magnesium, Montreal. May, 1976.

Miller MC, Westphal MC, Reigart JR, Barner C,Medical Diagnostic
Models: A Bibliography. University Micro-films International,
1977.

Medical Students’ Graduate Students’ Residents’

Miller MC, Westphal MC, Reigart JR, Mathematical Models of
Medical Diagnosis. Praeger, Inc, NY, NY, 198).

Reigart JR, "Future Directions", Childhood lead Poisoning -
current Perspectives, 1988.

Mahaffey KR, McKinney J, and Reigart JR, "Lead and Compound".
(1991) In: Critical Reviews of Environmental Toxicants. EQ. M.
Tiinnmann Van Nnetrand Rainhnld, Nam Vark

Reigart JR, "Recommendations of the American Academy of
Poediatrice on Lead Sorooning in Children", Drocecdings ef the
First National Conference on Laboratory Issues in Childhood Lead Doiconing Droevention, Ooctobor 21 - November 2, 19291

Medical Students’ Graduate Students” Residents’

4 a \

i 7 4
J ue i

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

LOIS THOMPSON on behalf of and as next
friend to TAYLOR KEONDRA DIXON,
ZACHERY X. WILLIAMS, CALVIN A.
THOMPSON and PRENTISS LAVELL
MULLINS, :

Plaintiffs,

Proposed Plaintiff-Intervenors,

BURTON F. RAIFORD, in his capacity as
Commissioner of the Texas Department of
Human Services,

The UNITED STATES OF AMERICA,

Defendants,

uLOUIS W. SULLIVAN, in his capacity as
Secretary of the United States Department of
Health and Human Services,

Proposed Additional Defendant.

CADOCQTHOMPSON\BRIERAMICIMEM

CASE NO. 3-92 CV 1539-R

Civil Action

Class Action

CORRECTED DECLARATION OF J.
ROUTT REIGART, M.D.

CORRECTED DECLARATION OF J. ROUTT REIGART, M.D.

I, J. Routt Reigart, M.D., declare as follows:

1. The matters stated herein are true of my own personal knowledge. If called

as a witness, I would competently and truthfully testify consistent with the following.

2. I am an Associate Professor of Pediatrics at the Medical University of South

Carolina in Charleston, South Carolina. Attached hereto as Exhibit 1 is a copy of my

abbreviated curriculum vitae.

3. Since yuly 1991, I have served as the Chairman of the American Academy of

Pediatrics’ Committee on Environmental Health ("Committee"). This Committee is

reviewing the Academy’s policy on lead testing and treatment, which is currently contained

in a five-year-old document entitled Statement of Childhood Lead Poisoning. We are

currently reviewing this document because recent information about lead toxicity in children

requires revised recommendations to pediatricians. I also serve as Chairman of the

Childhood Lead Poisoning Prevention Advisory Committee of the Centers for Disease

Control ("CDC").

PROFESSIONAL BACKGROUND

4. As a pediatrician I have devoted much of my professional career to the study,

screening and treatment of pediatric lead poisoning. For over 20 years I have been

researching, writing, teaching and lecturing on lead poisoning issues. In my medical

practice I have also screened and treated several thousand children who have been lead

poisoned.

3. I have authored and co-authored numerous articles and papers dealing

specifically with pediatric lead poisoning issues, including: Chisolm, Currant, Finbert

Hopkins, Lin-Fu, Piomelli, Reigart, Houk, "Increased Lead Absorption and Lead Poisoning

in Young Children. A Statement by the Centers for Disease Control," J. Pediatrics, 87:824

(1975); Penny, Reigart, Loadhold, Taylor, "Variability in Response to Lead Exposure:

Demonstration of a Genetic Influence," (Abstract), Pediatric Research, 11:438 (1977);

Whitlock, Reigart, Priester, "Lead Poisoning in South Carolina," SCMA Journal, 73:378

(1977); Reigart, "Lead Poisoning," Hospital Medicine, 17:161 16J, 16N, 16P: August, 1981,

Reigart, "Future Directions," Childhood Lead Poisoning — Current Perspectives (1988) and

Reigart, "Recommendations of the American Academy of Pediatrics on Lead Screening in

Children," Proceedings of the First National Conference on Laboratory Issues in Childhood

Lead Poisoning Prevention, October 31 - November 2, 1991.

6. Last month I addressed members of the Annual Academy of Pediatrics at its

annual conference in San Francisco on the issue of "Childhood Lead Poisoning." This

month I lectured at the University of Medicine & Dentistry of New Jersey, School of

Osteopathic Medicine, in Atlantic City, New Jersey, on the topic of "Pediatric Lead Poison

Prevention Continuing Education for Physicians," and in December I will facilitate a panel

at the National Childhood Lead Poisoning Prevention Conference discussing "Medical

Management Issues."

7. I serve on numerous committees dedicated to pediatric environmental health

issues, including: Chairman, Committee on Environmental Health, American Academy of

Pediatrics; Member, Lead Poisoning Education Task Force, Presidents Council on

Environmental Quality; Chairman, Centers for Disease Control Childhood Lead-Based

Paint Poisoning Advisory Committee; and as a Member of the Pew Charitable Trust's

Advisory Committee on Lead Poisoning. In the past I have served on the Centers for

Disease Control Childhood Lead-Based Paint Poisoning ad hoc Advisory Committee and

worked with the Environmental Protection Agency as a Medical Consultant for Acute

Pesticide Poisoning.

LEAD POISONING AND MEDICAID ELIGIBLE CHILDREN

8. Speaking as a pediatrician, I am someone who has actually worked for many

years in lead poisoning prevention out in the field. The situation in my city, Charleston,

South Carolina, illustrates the enormity of the lead poisoning problem in young children.

In 1972, when we began screening in Charleston, we were detecting that somewhere in the

neighborhood of 39% of our children had blood lead levels greater than 40 pg/dL. By

1975, 1 was following over 1,250 children with lead levels greater than 30 pg/dL. Today the