Document 1m4ZZpgxRKkLKrwM6y0gQ1E5
UNION CARBIDE CORPORATION
4sr mac coiwle avc. ouih ChNunoN w. va ass
LAW DEPARTMENT
July 12, 1982
Dr. Gabriel Al-Hajj 4502 MacCorkle Avenue, S. W. South Charleston, WV 25303
Dear Dr. Al-Hajj:
Re: Ernest Lee Stevens
SS No. 234-34-0503 Birth Date: 4-28-22
My information indicates that you are the attending
physician/surgeon with respect to treatment which has been rendered Mr. Ernest Lee Stevens of North Charleston, West Virginia.
1 enclose a medical authorization which would permit you to release all of the medical records you have pertaining
to your treatment and care of Mr. Stevens.
Please forward all of such records to me at the above
address along with a statement covering your reasonble costs
in connection with the duplication of such records and X shall remit by return mail.
BDT/sj Enclosure
UCC 098176
---
' , ' *
NAME Ernest L Stevens
^ \9
age 58
DATE 11/17/80
4/28/22
ADDRESS
5^nd. St.___________ ___________ RESPONSIBLE PARTY Self
Charleston,V,Va. 2531 <-____________ _ TELEPHONE 744-4480
EMPLOYMENT; Disabled CHIEF COMPLAINT: Sigmoidoscopy
REFERRING PHYSICIAN: Merrifield
INSURANCE: Med.234-34-0503-A
*
family HISTORY: No TB cancer or diabetes in family PAST HISTORY: Hemorrhoidectomy-no illness-ALLERGIC TO ASPIRIN
PRIVILEGED AND
" CONFIDENTIAL MATERIAL
SUBJECT TO PROTECTIVE
ORDER"
SURGICAL PATHOLOGY EXAMINATION
''
PATHOLOGY ASCOCIATIS, LTD, SUI.JS 3 LHOO MBHCAL BUILMMG
CHGIKIWH WOT YGWWIU MM1 .
PATHOLOGY ASSOCIATES LAMRATOKT .. IMI) 1M T--l
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Tissue No.---------- gil-SB-81...__________________ line* -- 7-31-ai
______________
Nwe
Stevens, Ernest
f^P>^ai4-2S-22/Male
Potlpf Shabb
.Room No, ^
Specimen SubrnWod--------rectal biopsy
GROSS: Grey-white fragments comprising a mound measuring 0.1 cm.
EAH/bh
DIAGNOSIS:
privileged and
"CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
Biopsy of rectum showing extensive acute inflammation'and granulation tissue, otherwise
unremarkable.
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sfP\___
T. S. LAHAVA, M.D.
PATHOLOGIST
UCC 098178
V
I. A. HANSlAaom, HL, M.D.
PATHOLOGIST
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: DISCHARGE SUMMARY (
HERBERT-J, THOMAS MEMORIAL HOSPITAL
4605 MacCorkle Avenue, S.W. South-Char Ieston, Watt Virginia 25309
b; 9718/1
T!_SLUAL
Patient's Name
Attending 3hysiclan
STEVENS. ERNEST LEE nt> BtHcnw___________________
Age
Date of Admission
58 Hospital No. 140017
8/20/81
Date f Dlseharae 8/26/81
Final Diagnosis 1.
Rectal bleeding, rule out hemorrhoids or polyp. Possible carcinoma of the liver.
2. Chief Complaint and History of Present Illness
2. A few years ago prior to this admission, the patient underwent hemorrhoidectomy. In November of this year he began experiencing bright
red blood In his bowel movements. He also complains of pain and Itching around the rectal area.
3. Significant Physical Find!ngs
3. Normal vital signs. The liver edge was palpable approximately 14 cms below the right costal margin which was non tender, 3+ pitting edema of the left lower leg, 2+ pitting edema of right lower leg.
Significant Laborat ry j X-ray Flndii
5* Medical or Surgical Treatment
6. C urs In Hospital
/. Physical C nditlon at Discharge
3. Instructions for C ntinu-
* s Care
4
4. Urinalysis normal. Admission CBC showed white count of 9,300, hemoglobin 7.4 gms and hematocrit 22.1Z, 68 sags, 0 bands ,`-28^ lymphs-and 4 mono. Abnormal findings found on chemistry 22 profile, BUN 21, albumin 3.1, alkaline phosphatase of 72, total bilirubin 1.8, SGOT 124, and the triglycerides 276. Prothrombin time was 12.3 and PTT 22, within normal limits. Rh and HAA both negative. Chest x-ray impression was multiple linear densities In the right lung field, either representing subsegmental atelectasis or fibrosis. Liver scan revealed considerable enlargement of the liver, changes in the right lobe of the liver, most consistent with metastatic disease but a primary tumor could not be excluded. Sonogram of the liver revealed marked enlargement in the area of the right lobe of the liver with primary liver tumor versus metastatic disease being the
primary considerations at this time.. EKG normal.
5. Medical treatement included multiple transfusions with four units of packed cells.
6. Uneventful.
7. The patient was discharged in stable condition.
8. He is to return to the office in two weeks for follow up care.
DR:meh
"CNnDENTMD AND sub^ctto%otJr,al
ORDr?TCTIVI=
UCC 098180
Signed
G. E. Al-Hajj, M. D.
HERBERT J. TMOMAfl MEMORIAL HOSPITAL
f EMERGENCY DEPARTMENT RECORD
WO. 95895. "2-i!
RAMI ,hAET)
STEVENS
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PATIINII AOORMIJ2|||^
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NONE____________
rwviLCVstu ANU "CONFIDENTIAL MATERIAL
SUBJECT TO PROTECTIVE ORDER"
"* RNXXXMXXMXXTMOMF DR, S, SMABB/AL-HAJJ / DR J. AUDITOR
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UCC 098181
I HEREBY ACKNOWLEDGE AND UNDERSTAND THE INSTRUCTIONS AS GIVEN. I UNDERSTAND +HATI HAVE HAD EMERGENCY TREATMEI
ONLY, AND THAT I MAY BE RELEASED BEFORE ALL MY MEDICAL PROBLEMS ARE KNOWN 0RTREATE0. I WILL ARRANGE FOR FOLLOW)
CARE AS INDICATED BELOW.
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PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
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THOMAS - MOHtAL HOSPITAL LABOBATOBY
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LAST
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PATUNT AOOPI&S
SKOMtN NO.
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DUPLICATE REP.
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ADDITIONAL INFORMATION
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ucc 098184
ER-1116 > STEVEN, ERNEST L.
COJCAL ^ R O O U C tt D fV IS IO H CD CATALOG NO. 2410
DATE: 6/6/82
ICG DC SCRIFTION:
INTERPRETATION:
Non-specific T wave in III,and AVP.
changes
occurred
since
SCO REQUEST RV- DR` 6L-HAJJ_________ _________
ATR. RATE____ 10.8.
V1NTR. RATE 10 8
INTERVALS:
PHI Q.15 OK 0.06 m,
AXIS:
rhythm: Sinus tachycardia. Counter clockwise rotation.
8/20/81
PATIENT: ER-1116 STEVEN, ERNEST L 60 M DR. AL-HAJJ 6/6/82
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PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
UCC 098185
INTERPRETED HV
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HERBBRT J. THOMAS MEMORIAL HOSPITAL LAB RATO BY
SOUTH CHARLESTON, W. VA.
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____ UCC098186
physician s copy
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UCC 098187
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"CONFIDENTIAL MATERIAL
SUBJECT TO PROTECTIVE ORDER"
I0N8AB OIVBN, I UNDERSTANDTHAT I HAVS'NAD EMERGENCY TREATMENT l AOBLEME ARE KNOWN OR TMylD. I WILL AAAANDEFOR FOLLOWUP CARE t
RATIBMT OH
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PHVOin^M i^nnv
UNION CARBIDE CORPORATION
437 MAC OOIWLE AVE BOUIH OtMEBTON. W VA 90303
LAW DEPARTMENT
July 9, 1982
RECEIVED
Medical Records Department
Thomas Memorial Hospital
4605 MacCorkle Avenue, S. W. South Charleston, West Virginia
25303
L' m2
LAW WAtTMENT
Gentlemen:
Re: Ernest Lee Stevens SS No. 234-34-0503 Birth Date: 4-28-22
Information at my disposal indicates that Mr. Ernest Lee Stevens of North Charleston, West Virginia, has been a patient at your hospital on several occasions within the past two years. I desire to have a copy of all of his medical records at your institution and for that purpose I enclose herewith a duly executed medical authorization form signed by Mr. Stevens and witnessed by his counsel, Mr. William C. Fields.
Along with the records, please enclose a statement covering the cost of duplicating these records and I shall remit by return mail.
Very truly yours,
BDT/sj Enclosure P.S. Enclosed is our check for $10.00 to cover the charges
per our conversation by phone with Ms. Farley on July 30, 1982.
7-30-82 B. D. Tissue
UCC 098188
i. CHART FRONT
ACCOUNT lt
E 0110189
HAMI-LAIT
HERBERT J. i.,UMAS MEMORIAL HOSPITAL
`W>r^.r-attskdiha MvuciAHt
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TlMC ADM. DOOM NO. DEO TYPE SERVICE ADM.AT
to rsc no.
AL-HAJJ MD,GABRIEL
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first NuCU^ HIDDLI
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WV 25312
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HOW LONG
311 32ND STREET WEST RETIRED
CHAS
WV 25312
304-744-448?
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REAP. PARTV
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000-00-0000
STEVEN.ERNEST L 311 32ND STREET WEST,CHAS,W0 25312
RETIRED
NOTIFY IN CAM OP EMERGENCY * NAME AND ADDRESS
EP CODE
CARO LYN 311 32ND STREET
p/C
04 MEDICARE NS/HIC
SECONDARY PAYOR NAME
WEST,CHAS,WV 25312
INSURED'S NAME AND RELATIONSHIP
CERTIPICATI NO.
STEVENS ERNEST SA 234 34 0503
CERTIFICATE NO.
A
304-744-4489
NOW LONG
IM1RGINCY PHONE NO.
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DISCHARGE DATE
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UCi__C__0__9_8_1__8_9
Signature of Attending Physician
TH-I 5 I (Rev. 2/75)
DISCHARGE SUMMARY
RT J. THOMAS MEMORIAL HOSPITAL
605 HacC rkl Avenue, S.U. S uth Chariest n. West Virginia 25309
D: 7/6/82
Tl ?./!*;/r?
Patient's Name
Attending Physician
STEVENS, ERNEST L. n. AT.-HA.T.T
Age 60
Hospital No. 140017
Date of Admission 6/6/8 2
Date of Discharge 6/19/82
1. Final Diagnosis 1.
Liver tumor, probable liver carcinoma versus
metastatic disease.
2. Chief Complaint and History of Present illness
3* Significant Physical Findings
2. This 60 year old white male was admitted to the hospital with hetnaternesis which had been going on for three days prior to admission. The patient had known carcinoma of the liver, diagnosed approximately nine months ago. A few days prior to admission the patient began vomiting coffee ground like material, also related that he had abdominal pains. He also relates that he has had a very poor appetite for three days prior to admission and intermittent fever of 105 degrees. He denied any cold coryza or urinary complaints.
k.^tanif leant ^borat ry and
X-ray Findings
5. Medic
Surg I
Treat
6. C ursi
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7. Physii C ndi at Dl:
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8. Instruct! ns for Continu1$ Care
3. Temperature 104.1, pulse 120, respirations 26, blood pressure 140/76. Abdomen revealed globular distended with engorged veins noted in the hypogastric area and over the left lumbar area. The spleen was palpable approximately 3 finger breadths below the costal mrgln. The liver was markedly en larged. The total liver span was 30 ems below the right costal margin. It was smooth and slightly hard on palpation. Rectal examination revealed no masses but stool was positive for occult blood. Extremities revealed varicose veins of both lower extremities.
4. Urinalysis did have a large amount of occult blood. Feces positive for occult blood. CBC and differential on admission showed 18,500 white count, hemoglobin 5.9 gms and hematocrit 18.9%, MCV 81.6%, MCHC 31.3, differential grossly within normal limits. Abnormal findings on chemistry profile glucose 132, BUN 38, calcium 8, alkaline phosphatase 84, total protein 5.5, albumin 7.8, total bilirubin 1.6, GPT 308, GOT 890, HBD 242, LDH 1,320, cholesterol 281. HAA negative. PT done twice was within normal limits. Blood culture revealed no growth of aerobic or anaerobic after six days. Repeat blood cultures were also negative. Urine culture was negative. Alpha-fetO-protein level was 29.6 ng/ml. Anti-hepatitis B E antigen negative. Chest x-ray revealed the heart to be at the upper limits of normal, also slight enlargement in the area of left ventricle. There was an opaque foreign body in the soft tissue in the region of the proximal portion of the right clavicle. Ga-liura scan revealed prominent uptake in the enlarged liver, more prominent in the right lobe corresponding to the tumor mass seen at the liver on the liver scan done in August of 1981. EKG revealed non specific T wave changes which
Signed
M.
UCC 098190
TH-15 * (Rev. 2/75)
^ DISCHARGE SUMMARY *
HERBERT J. THOMAS MEMORIAL HOSPITAL
4605 MacC rkle Avenue, S.W. South Charleston, West Virginia 25309
0.
T:
Patient's Name
Attending Physician
STEVENS, ERNEST L. dr. AT.-HAJJ
Age 60
Hospital No. 140017
Date of Admission 6/6/82
Date of Discharge 6/19/82
I. Final Diagnosis Page 2
2. Chief Complaint and History of Pr sent Illness
have occurred since 8/20/81 in HI and AVF. tachycardia and counter clockwise rotation.
Rhythm was sinus
3. Significant Physica1 Findings
4. ^febnif leant nboratory and X-ray Findings
5. Treatment included blood transfusions, anti-emetics, antibiotics, diuretics and analgesics.
6. Consultation was obtained from Dr. Harper, whose impression was liver cancer, secondary to questionable Industrial exposure. Fever was thought to represent liver abscess or tumor fever, bleeding from ulcers or tumor. The patient ran a febrile course while in the hospital until the last couple days prior to discharge. On 6/17/82 gallium scan was performed and it was noted the scan and increase in alpha feto protein was consistent with primary hepatoma and that the fever was probably due to the tumor fever.
5. Medical r Surgical Treatment
7.
8. weeks.
Discharged on 6/19/82 in stable condition. To return to the office for follow up care in two
6. Course in Hospital
DR:meh cc: Dr. Harper
7. Physical Conditl n at Discharge
3. Instruct! ns f r ContinuCare
"CONHDentSlm^
S^ECTTO^0M^rEL
ORDER"
Vfc
UCC 098191
Signed
G. E. Al-Haj j , M. D.
1H >06
HERBERT J. THOMAS MEMORIAL HOSPITAL
HISTORY SHEET
D. 6-6-82 T. 6-7-82
1116
STEVEN
ERNEST
60 Male
Hi
Dr. G. E. Al-Hajj
L. 140017 Dr. C. N. Bautista
AEMUTING DATE: June 6, 1982. CHIEF COMPLAINT: Hematemesis.
PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
PRESENT ILLNESS: This is a 60 year old male white married patient who was admitted with complaints of hematemesis which apparently had been going on for the past 3 days prior to his admission. The patient has a kncwn history of cancer of the liver, diagnosed
approximately 9 months ago. When he cane to the hospital for a hemorrhoid operation, this wa found. Hcwever, the said operation was deferred since it was found out at that fin** that the patient had cancer of the liver. The patient has been doing fine, off and on, has been on Percocet every 6 hours since 3 months ago. Apparently, 3 days prior to his adnissicn the patient started vomiting again, material was like coffee-colored vonritus. The condition was accompanied by passing entire colored stool. The patient claims that
he was continously having abdominal pains, although he has been on Percocet, around the clock. Since the morning of his admission, the patient started having chills and fever,
tenperature, as high as 105 degrees. He has been anorexic for the past 3 days. Denies
of any urinary disturbances. No chest pains. No cough. No sore throat. The patient is subsequently adnitted for further managenent.
EAST HISTORY: The patient has no history of high blood pressure. No history of diabetes
mellitus. The patient has a history of cancer of the liver, diagnosed approximately 9
months ago. Has a history of hemorrhoids and has had his first hemorrhoid surgery approximate 20 years agp. He has had surgery for a dislocated left shoulder done in the past.
Also, has a history of thrombophlebitis of the left leg. The patient claims that his left leg has been bigger caipared to the rig^it leg and this has been present since birth.
FAMILY HISTORY: Noncontributory.
PERSONAL AND SOCIAL HISTORY: The patient claims to be allergic to aspirin. He use to smoke a pack of cigarettes daily up and until a year prior to his adnissicn. No history of chronic alcohol intake.
MEDICATION: Percocet, 1 every 6 hours. This has been given around the clock since 3 months .ago.
REVIEW OF SYSTEMS: HEENT: No history of headaches or tinnitus.
UCC 098192
CHS: No history of CVA. No history of epilepsy. CARDIORESPIRATORY: No history of chest pains. No dyspnea. No orthopnea. GI: Has a history of hematemesis. History of melena. History of cancer of the liver. GU: No dysuria, hematuria. NEURCMUSCUIAR: There is generalized body weakness.
PHYSICAL FINDINGS: The patient is fairly developed, fairly nourished, appears markedly pale. Does not appear to be in any acute distress.
TEMPERATURE: 104.1.
RESPIRATIONS: 26.
PULSE: 120.
BIOOD PRESSURE: 140/76.
SKIN: The skin color looks jaundiced, pale, no active dermatosis.
HEENT: Normocephalic. No visible external injuries. Markedly pale conjunctiva. Icteric sclera. The pupils are equally reactive to light and accomodation. Throat is congested.
NECK: Negative nuchal rigidity. Neck veins are not engorged. No palpable lynphadenopathy. Negative for any carotid bruits.
CHEST: Symmetrical in expansion. No deformities in the anterior-posterior chest wall. No intercostal retractions. No spider angiomatous noted. The lungs are clear. Breath sounds are normal. No rales or vftieezes, No intercostal retractions.
HEART: Regular in rhythm. No trunnurs appreciated. No gallop rhythm. No friction rub.
ABDOMEN: Globuarly distended with engorged veins noted on the hypogastric area and
over the left lumbar area. The spleen is palpable approximately 3 finger breadths below the costal margin. The liver is markedly enlarged. The total liver snan is 30 cms. below the right costal margin. It is smooth, slightly hard on palpation. No tenderness noted. Negative for fluid wave. Bowel sounds are normal active.
RECTAL: Stool is positive for occult blood. No masses palpable. No tenderness.
EXTREMITIES: The left lower extremity is larger by at least 2 indies compared to the
right leg.
Varicosities noted on both lower extremities. The left le is more severe
than the right leg. Dorsalis pedis pulsations are equal on both sids. No cyanosis of
the nail beds.
NEUROIDGICAL: The patient is awake, alert, conscious, coherent, cooperative. No gross neurological deficit. No motor or sensory impairment. Deep taidon reflexes are normal active.
IMPRESSION: 1. Upper GI bleeding with secondary anemia. 2. Cancer of the liver.
C. N. Bautista, M.D.
CNBibw
G. E. Al-Hajj, M.D.
UCC 098193
%
HERBERT J. THOMAS MEMORIAL HOSPITAL SOUTH CHARLESTON, W. VA.
USE THIS VERT-MOUNT FOR URINALYSIS - FECES REPORTS.
ACCESblON NO
VOIDED
4
CONSOLlDATEO BUSINESS FORMS CO
3
i
$
& ?
Ul
K
fU|
2
*
CLEAN CATCH
nr-. OCCULT BLOCK)
BILE
r\i
UROBIUNOGB*
t FAT
4 STARCH TRYPSIN
MUCUS
FECES
OCCULT BLOOO
n BILE
UROBILINOGEN
1 FAT 1 STARCH 1 TRYPSIN
MUCUS
PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
ATTACH FIRST REPORT HERE
UCC 098194
HERBERT J. THOMAS MEMORIAL HOSPITAL SOUTH CHARLESTON, W. VA.
USE THIS DATA-MOUNT FOR COULTER MODEL-S (HEMATOLOGY) REPORTS ONLY.
1 DATS OOHf
I'il'WMSOSV
1HEMATOLOGY ^'J T^4 ioy7f
1 Q>rt /1 A / re
[ ** t*cS>cs
L 1 J> . A 1 3- 4 6
AJTF' ruse
9.6* rw"
1 ?9.5
V
-- 85.1
ncv
J" Tltl
MF 144)10447
* U14001i?2 f> 4427 ft t& MF IB7D ftt7
27.7 32.5
<<a*s**T 4CHC " r-,>
10.0 r _6 5 8.
RDM * lOtll PLiA1T0E*LET * no-mo
A
?^SOm i "1
ATTACH FIRST REPORT HERE
MO
AND
LYMPH
MONO
Efll
ASO ATYP *LYMPH NET*
to
f
n
/
MORPH ANNO POM HYPO ' NICHD
21 4 !"
macro
SSsitufllM
POLY TARfiET
J
NYHO
mo NYELO
LAIT
-bMC/JS
-------
NOMUOLMY tYIMOU
I SLIGHT
I MOOTOMAMfB
1 MOOfSATt HUMS.---------
tmtciUrUiOCYTO
HEMATOLOGY THe-6*ai
PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
TH-385
HERBERT J. THOMAS MEMORIAL HOSPITAL SOUTH CHARLESTON. W. VA.
USE THIS VERT-MOUNT FOR CHEMISTRY PROFILE REPORTS.
PLACE RIGHT SIDE OF REPORT #4 HERE
TH-396
HERBERT J. THOMAS MEMORIAL HOSPITAL SOUTH CHARLESTON, W. VA.
USE THIS VERT-MOUNT FOR CLINICAL CHEMISTRY I.
4
DATE DONE
CUNICAL CHEMISTRY I
THN MV. */
/J/ "9 1
CREAT1MNE I URIC ACID
cholesterol
CALCIUM
PHOSPHORUS
total protein
ALBUMIN
globulin
A/0 RATIO
bilirubin
TOTAL OIRfeCT
To
At INDIRECT ALK PHOSPH BOOT
"W>"! "9 "9 "9 "9 "9 amdi 8fT0T1 dm01
"9
%.
4 32
CONSOLIDATED BUSINESS FORMS CT
privileged and
"CONRDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
1V P I'
u'iA i jl
& (* V 1* *if
J- T
ATTACH FIRST REPORT HERE
UCC 098197 ^
TH-402
HERBERT J. THOMAS MEMORIAL HOSPITAI SOUTH CHARLESTON. W. VA.
DDiw..
USE THIS VERT-MOUNT FOR SEROLOGY AND IMMUNOLOGY
SUBJECT TO PRofJr?'AL order.TECT,ve
a So^ i usn o o>jc i
i
6/o/t12
# TK4I
(REV.
tfitfUNOLOGY
FLUORESCENCE MICROSCOPY L-w---------------------HVABO grouping
I'^Rh TYPING
fXX5
QJ COOMBS EMECT)
COOMBS lanMCR
AMTIBOOY SCREENMO
loENT^ATION
HAA
O-HEMATOLMY
MBCEHCE
8G0PY
I GROUPING
1 TYPIWQ
I DMECT)
TIBOOY
IAA 1MUNOLOGY
k/j
a th^j
(RCV 11/M) I
MMUML06Y ORESCENCE MICROSCOPY
BO GROUPING 77 !h TYPING fioS OOMBS imcct) 00MBS IMMBC1)
NTtBOOY GREENING MTMBODY lEMTIFICATION
rnffiETTM 1AA
OM joiT
4
CONSOLIDATED BUSINESS FORMS CO
I FLUORESCENCE MICROSCOPY
ANA
HOMOGENOUS
jJJ SPECKLED
u PERIPHERAL
J FTA
,1
* TOXOPIASMOGM
o;c.
. lHJ B. STREP. 1
i LJ
i
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i'
*' *
-- Li *
'' 1
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1 i'
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ence
ORESCENCE MICROSCOPY ATTACH FIRST REPORT HERE
UCC 098198 SER0L06T
TH-401
HEERT J. THOMAS MEMORIAL HOPJ SOUTH CHARLESTON. W. VA. PLACE TOP OF REPORT #4 HERE
fAL
PLACE TOP OF REPORT #3 HERE
THOMAS MEMORIAL HOSPITAL LABORATORY
CTORI ", v i'F.
PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
rWlIUMINAItV AIPONT
: NVITIVC i; ihtermbdiati mi aiTAMf
YLi {&
Ml ,
. v .
"<M/' .
DAT! *fCttVD IM LAB!
; PINAL RIPOftTI I-------------- *. fcrr
'<
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.
J/
1--I-S---O----wrovnn Aerobic or Anowobie After 'P'
'
~Tr~
Oavi
nmtpays:
REQUEST SUP MUST BE CLOCKED IN WHEN DELIVERED
TEST REQUMTHF f
TKch:
CULT uak mm?
fn*c/
I COMPLETE
MISCELLANEOUS LAB, t
UCC 098200
USE THIS MOUNT FOR MISCELLANEOUS. BACTERIOLOGY, MYCO BACTERIOLOGY/PARASITOLOGY
CONSOLIDATED BUSINESS FOAMS CO.
BACTERNHJPY 0T NVCMAC/ PAPAL
TH-401
^CTERIOLOGY
iwifi iw ifiuivnw'i 11nl i i\_/v4J1 SOUTH CHARLESTON. W. VA. -----
PLACE TOP OF REPORT #4 HERE
privileged and
"CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
THOMAS MEffiftlALHOSmAL L^WRATORY
CHART COPY
rosmvEMBODY FLUID CULTURES AND BLOOD CULTURES REPORTED TO PHYSIC*
SENSITIVITIES BY DISK DIFFUSION TO FOLLOW IF APPROPRIATE TO ORGANISM CULTURED. ANAEROBIC CULTURES ROUTINELY DONE ON APPROPRIATE CLINICAL SPECI MENS (PLEASE SPECIFY IF TRANSTRACHEAL SPUTUM OR ABSCESS SPECIMEN.
[WITURI MO.
ANYAQUESTIONSICROB,OLOGY LABORATORY after 10:00 AM IF YOU HAVE
PRELIMINARY REPORT:
oats;
tscm:
ORGANIftM
HQ GfipffTH 24 B0UR3
DAT*: U>-VZ_- S2^OH:cU^-
i1 > ,11>'
'.j.Lv -
33*
TELEPHONE00" fluid cultures AND blood cultures reported
SICIAN BY
SENSITIVITIES BY DISK DIFFUSION TO FOLLOW IF APPROPRIATE TO ORG,
CULTURED.
ANAEROBIC CULTURES ROUTINELY DONE ON APPROPRIATE CLINICAL Si-tci MENS (PLEASE SPECIFY IF TRANSTRACHEAL SPUTUM OR ABSCESS SPECIMEN., ANEY^QUESTIONSICROBIOLOGY LA80RAT0RY after 10:00 AM IF YOU HAVeL^^TURI M
USE THIS MOUNT FOR MISCELLANEOUS. BACTERIOLOGY. MYCO BACTERIOLOGY/PARASITOLOGY
CONSOLIDATED BUSINESS FORMS CO
MCTERIOLMy MYCttAC/ FAM1
UCC 09820
TH-401
Hubert j. thomas memorial homital SOUTH CHARLESTON, W. VA. ^
place TOP OP REPORT #4 HERE
REPORT
ncs
PLACE TOP OF REPORT #3 HERE
nj8
PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
JBACTERIOLOGY THOMAS MEMORIAL HOSPITAL LABORATORY ENJAMIN NEWMAN. M.nT ^CHARLESTON. WEST VIROHUA _____
liejh.
JJ TctoMCuierMt
>T1C(S):
CtM**, IIMMTMI
CkAi
REQUEST: VAT
PRlLIMINARV REPORTt
a;
: IVNfiTIVI I : IRTRPMtDIAt t! RtHITAIIT
OROARIili
^6,
tom
$TCV(NS,tft*f*T L ,j
M 60 140017 M.AL-HAJJ Vtffc'-CAROLYN
COPY
tch;
*4 ' rr
DATS IIICRIVIR IN LAi:
" (filllit^ n*%
PSCIMSN SVSMITYSP
Qt*AN ATCM
UR(R
REQUEST: gg,/^Jl*sARWm - TOM
PRCUMINARY ftKPOim
NO gTOWUl AH6T
DATSM) lUL^EEsL
4Si=r
TVtrrvM
IF**** lineim
DAT! kICtIVIB IN Ut:
POSITIVE BODY FLUID CULTURES AND BLOOD CULTURES REPORTED TO PHYSICIAN BY TELEPHONE,
SENSITIVITIES BY DISK DIFFUSION TO FOLLOW IF APPROPRIATE TO ORGANISM CULTURED.
ANAEROBIC CULTURES ROUTINELY DONE ON APPROPRIATE CLINICAL SPECI MENS (PLEASE SPECIFY IF TRANSTRACHEAL SPUTUM OR ABSCESS SPECIMEN.)
PLEASE CALL MICROBIOLOGY LABORATORY AFTER 10:00 AM IF YOU HAVE ANY QUESTIONS.
CULTUHa NO.
319
USE THIS MOUNT FOR MISCELLANEOUS. BACTERIOLOGY. MYCO BACTERIOLOGY,PARASITOLOGY
UCC 098202 W
TH-388
HtUbtH l j. I HOMAb MEMORIAL HOSgLTAL
*i MO.
ACCOUNTMO
PTONENNO.
47300S9S
.OF SPECIMEN
DATE FNOCCSSED
JUN 82 16 JUN B2
HAST FATWT nmc
,,VENS ERNEST
PATKNT AOOAESS
; r3-15-0617
ex J me
'M 160.'-
moou
/ laboratories,inc
PngMi iialooMut AtglenN Uteraaoiy Omckn. i WlMWOlNi
MUOWN. NC
OWM0MM.M. OUUM3TT1 NC
miwi.ic
CVTWX NC KUMlil
m (M Oil 70-*7V71
MiaHir
MMMONT. WV
HOUSTON. TX IBM TU ItOl/T,
wwMOun
--0011
.'INM1* MI4ld
diwo
PHYSICIAN ON LADONATONY
H J THOMAS MEMORIAL HOSPITAL SOUTH CHARLESTON UV 2S309
006
ALPHA-1-FETQPR0TEIN (SERUM RIA3
ADDITIONAL INFONMATION
P< 140017 AL HAJJ lllb
(*!/ 7^_________________
29,6 MO/HL
LIMITS
MATERNAL SERUM, 957 OF NORMAL AFP VALUES SHOULD BE LESS THAN ^A^^ESuHsMUS^^ONFIRIIE^Y AHNI OTIC FUJI^FPCTEST^4283
GESTATION SER AFP GESTATION SER AFP
GESTATION SER M
12 UKS
130 NO/ML 24 WKS
400 NG/ML 36 UKS
400 NG/ML
ANTI-HEPATITIS^TH5tIGEN^^Me5aTi5e^^^^"^^^^TMNEGATIVE
<::* ' ' I'
PRIVILEGED AND `CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
lath lit
consolidated business forms co
USE THIS HORIZONTAL MOUNT FOR SPECIAL CHEMISTRY
SPfCUL CMCMSTRY
Bag.
* V**.
UCC 098203
----------
PRIVILEGED AND
HEflfiERT J. THOMAS MEMORIAL HOS^TAL "CONFIDENTIAL MATERIAL
SOUTH CHARLESTON, w. VA. "
SUBJECT TO PROTECTIVE
THOMAS MEMORIAL HOSPITAL LABORATORY
SOUTH CHARLESTON. W, VA.
B. NEWMAN. M.D. DIRECTOR
HH
fit-
j SUBMIT ONE FORM FOR EACH UNIT
ORDER"
Chnril UUKT
IP1*9
/,
gW**-,
l.
i*460t1
fao ffir.
CONSOLIDATED BUSINESS FORMS CO.
USE THIS MOUNT FOR BLOOD BANK TRANSFUSION
J
UCC 098204 is
TH-403
PRIVILEGED AND CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
CONSOLIDATED BUSINESS FORMS CO
USE THIS MOUNT FOB BLOOD BANK TRANSFUSION
>/
UCC 098205 wm?
TH-403
PRIVILEGED AND
HEBBERT J. THOMAS MEMORIAL HOSflfl-AL "CONFIDENTIAL MATERIAL
W SOUTH CHARLESTON. W. VA. ^
SUBJECT TO PROTECTIVE
ORDER"
tiSWfl
SUBMIT ONE FORM FOR EACH UNIT
BLOOD
* ' ^
BODY |.| donor no.
eeoMM
\^
eROMMATCR \ VI .
BLOOD BANK TRANSFUSION th
bUDlVll I uniu i Wt.,. . v.. ^ . ....
:
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DONOR NO. *7 25$
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BLOOD BANK TRANSFUSION
SUBMIT ONE FORM FOR EACH UNIT
rM"
OMPOMOKROBL?OTOD ' '.4
a*M
i. OD UI
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0 fttCIPHCMT
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Rh iPAS ANTIBODY
L '(**&o---SCREEN
ID ANTIBODY I.D. donor no. 'TVS?
BLOOD BANK TRANSFUSION
CONSOLIDATED BUSINESS FORMS CO.
USE THIS MOUNT FOR BLOOD BANK TRANSFUSION
UCC 098206
TH-403
HEEB^BEERT J. THOMAS MEMORIAL HOSAN'AL SOUTH CHARLESTON. W. VA. TM
PLACE TOP OF REPORT #4 HERE
p RNl LEG EO
R, AL
4 "c0=.kttopRtecT'VE sUBJECT0rDER"
PLACE TOP OF REPORT 3 HERE
3
PLACE TOP OF REPORT #2 HERE
2
THOMAS MEMORIAL HOSPITAL LABORATORY
SOUTH CHARLESTON, <N. VA.
B. NEWMAN. M.D. DIRECTOR
1 ROUTINE 1 |PRE-OP 1 Jot
SUBMIT ONE FORM FOR EACH UNIT
w*
BLOOD BANK TRANSFUSION th 83
i Hf AL T.< i % i . ( i 1 . H j \ r j :J. `i"0 ,,I. [ A!, I i;VAT`i.'A
CONSOLIDATED BUSINESS FOAMS CO
USE THIS MOUNT FOR BLOOD BANK TRANSFUSION
V.I.IV ,UT[
J'i
ucc 098207
Mwnoriiii Hospital j
OTHER OK COMMENT
y/o
w i\J*
* iSr'.
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lumbar Spbia O aMaM--n--MOV Un New Pelvt.
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Artortagtani Q
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T-Tuba
U
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pi
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fptol AQS Ond
Mendibi
i--| 1--'
Q
Hnmonope
Hip Nollng
D
Q
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lembiegram Q
Myelogram
D f**1
Retrograde pi K^^ryeEaiPla^pe* nui LJ Sad bowel St6MACH t _ DUODENUM ESOPHAGUS UJ
.,M.S?3a3
Patients Namti AddrMti......... . City & State
14001?
ErCWOLT*
--
I 'hfy 00034
^
f
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Taday
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Old Number
Wdk Cart C , Carry 8-ao-S/
. AGE
Dtl
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M D fD
6-9-82
CHEST; The upright and lateral views of the chest demonstrate the heart to b at the upper limits of normal in size, there may be some enlargement in the region of the left ventricle. There are a free streaks of increased density in the right mid lung zone. There is an opaque foreign body in the soft tissue in the region of the proximal portion of the right clavicle. I see no other findings.
PF/cls
PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
im
TMX-EO-XftAY NCPOftTAMO ACOUlftt II(VISEP ?-7
*** "
UCC 098208
CH; ART OR DOC TOR-'S-VCOPY
Examined by underlined:
J. Dannie Kupd. MX
W.A. Oeardorff. MX
Paul FuncM. MX).
TbomatM. Heyee.b
Martin
Ml
- 4rt-n^ r-y
NUCLEAR MEDICINE DEPARTMENT
THOMAS MEMORIAL HOTPITAL
NUCLEAR MEDICINE CONSULTATION
U CHAIM
CANT
WALK
ADORES5-0-6RARH RLAYC ROllTlOa
MctlKST t
IV 4G HM17
Wjl
tirHlIHTl
COOK RIIM6CR Ml
Kl mcicmt
WCI6MT
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7595 TWO
nu
7510 7034 7516 7017 7*55 7015
CHICK THC DCSIftCD 8TU0V: . THYROID SCAN
THYROID URTAKC 1 HR. URTAKC _ 2 HR. URTAKC _ C HR. URTAKC _
24 MR. URTAKC _ . T-3 ,, CTR
. SCHILLIHSC TEST . OICOXIN ,, DI4I TOXIN
TM T4
NORMAL VALUE*
___ 1.6-6.0%
_____ 4.0-10 ---------8.0-16 _____ 11 -25
25-55% 0.06-1.1 J OVER 7% .8-2.1 ns/mt 0-25 ng/ml O-SulU/ml 4.5-11 us
7525 7551 7591 7571 7153 7500 7550
7573 7910 7900 7710 7000 7001 7930
RCHOEAAM REQUEST RECD,
L0N* *CA" SAMPLE COU.
RKRAL 5CAH "nm
"
one scan test completed.
R ccll --fItHKOLOGIST
blooo volume
RANCRCA5 5CAN LIVER SCAR
7550
____ COLLOIDAL
MAIN SCAN
cisternosrarmy
CARDIAC SCAM I5OT0RE THCRARV 1RLCCR TRIOLEIN FAT ARSORRTION MCCKCL5 DIVERTICULUM
7710
----.11**1111
It THE PATIENT TAKING THE FOLLOWING MEDICATIONS? (PATIENTS HAVING TO, T4. ETK THYROID KAN ON THYROID UPTAKE)
THYMl10 INTH CONTROL PILLS
ves RO . ves RO
DILANTIN ANTICOAGULANTS
.OTHCftHONMONtf ____
ANTITHYROIO DRUGS
YU
ves ves
7530
,ROSC RCN6AL
7700
---- *2 P
HO NO NO
HAS THt PATIENT HAO AHY OF THE FOLLOWING IN THC PAST THREE WEEKS? LUGOLA SOLUTION, IODIDES (SOME VITAMINS), IODINE OINTMENTS, IOOINE TINCTURE..
YES
HAS THE PATIENT HAO GALL SLADOCR OH KIDNEY X-RAY* IN THE PAST THREE MONTHS'?
YES
NO
HA* THE PATIENT HAD A MYELOGRAM OR ORONCHOGRAM IN THE PAST YEART
MEDICATIONS TAKEN AT HOME
______________________________________________________
GRIEF CLINICAL HISTORY OR WORKING DIAGNOSIS
YE*
NO
hy
**6717/82
ft 'k P yf
fitiyrz.
GALLIUM SCAN; With projections made at 24 hours, 48, hours and 72 hours,
reveals prominent uptake in the enlarged liver, which is more prominent at th
right lobe corresponding to the tumor mass seen at the liver on the liver scan
of August 1981. There is rto~'other~~foci ot uptake evident.
--------- '
JDK/pda
SUBJECT TO PROTECTIVE ORDER"
TH-250 1REV. 6.77)
UCC 098209
.MJVRMrojf
bU16 OTVEN, ERNEST L
I
CATALOG NO. 2410
DATE: 6/6/82
ECG DESCRIPTION:
interpretation:
Non-specific T wave in III,and AVF.
changes
occurred
since
ICG REOUEST v
AL~HAJJ_________
ATR. RATE
10 8
10 8VEMTR RATE
INTERVALS:
P-R 0.15 OR* 0.08 Qfc
AXIS:
rhythm: Sinus tachycardia. Counter clockwise rotation.
8/20/81
patient. ER-1116 STEVEN, ERNEST L 60 M DR. AL-HAJJ 6/6/82
GZG: /in
"CONcme LEGED AN
SSRSasss
ORDER"
E
INTERPRETED BY
UCC 098210
JO'P uo* Mv; 2v.75)
. pin05>p>*' BJOd' . JOJO* U'U*nn0i t'
HERBERT J. THOMAS MEMORIAL HOSPITAL
4S0S MacCorkle Avenue. S.W. South Charleston. West Virginia 25309
u6s pt'OM' *u,J,`&d
0: 9/18/81
ati nt's Name
intending 'hysician
STEVENS. ERNEST LEE ----- UR.. RANSOM__________________
Age
Dete of Admission
58 Hospital No. 140017
,, 8/20/81
Date of Discherae 8/26/81
Final Diagnosis 1.
Rectal bleeding, rule out hemorrhoids or polyp. Possible carcinoma of the liver.
, Chief Complaint and History of Pres nt Illness
2. A few years ago prior to this admission, the patient underwent hemorrhoidectomy. In November of this year he began experiencing bright red blood in his bowel movements. He also complains of pain and itching around the rectal area.
. Significant PhysIcaI Findings
3. Normal vital signs. The liver edge was palpable approximately 14 ems below the right costal margin which was non tender, 3-1* pitting edema of the left lower leg, 2+ pitting edema of right lower leg.
4. Urinalysis normal. Admission CBC showed white count of 9,300,
nif leant
hemoglobin 7.4 gms and hematocrit 22.1%, 68 segs, 0 bands, 28 lymphs and
orat ry and 4 mono. Abnormal findings found on chemistry 22 profile, BUN 21, albumin X-ray Findings 3.1, alkaline phosphatase of 72, total bilirubin 1.8, SGOT 124, and the triglycerides 276. Prothrombin time was 12.3 and PTT 22, within normal
limits. Rh and HAA both negative. Chest x-ray impression was multiple
linear densities in the right lung field, either representing subsegmental
. Medical or
atelectasis or fibrosis. Liver scan revealed considerable enlargement of the liver, changes in the right lobe of the liver, most consistent with
Surgical
metastatic disease but a primary tumor could not be excluded. Sonogram
Treatment
of the liver revealed marked enlargement in the area of the right lobe of
the liver with primary liver tumor versus metastatic disease being the
primary considerations at this time. EKG normal.
. Cours in
Hospital
5. Medical treatement included multiple transfusions with four units
of packed cells.
.6 Uneventful.
. Physical
Condition
7. The patient was discharged in stable condition.
at Discharge
8.
He is to return to the office in two weeks for follow up care.
. instruct! ns f r Continu al Car
DR:meh
PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
^ , UCC 098211
Signed
f/ G. E. Al-Hajj, M. D,
M.D
o (Nn<) )ivMion
acation
opies:
A; R. N. Bates briefly reviewed with Messrs. Bob Cavender and Mike Lipscomb their assignment in which they are to investigate all complaints from the community surrounding the Bulk Terminal and communicate the findings and information to appropriate UCC management. They are to attempt to develop a communication relationship with the residents in the North Charleston area and thereby assist in the overall effort to Indicate to the comnunity that UCC is concerned about odor problems in the North Charleston area that develop from the Bulk Terminal. Messrs. Cavender and Lipscomb are to develop an Internal communication system to insure that they are promptly notified when complaints are received from North Charleston residents.
B. A decision has been made to gradually remove acrylates from the North Charleston Bulk Terminal.
C. T. D. Epps indicated he had attended in order to obtain information for developing a report on the status of the North-Charleston situation which could be given to EPA representatives when they visit the Institute Plant on July 9.
D. R. L. Foster reported that the Plant Manager at the Yabucoa Puerto Rico Carbon Products Plant has developed an extensive and detailed public relations program which he is using to communicate with the residents in the conmunlty surrounding the Carbon Products Plant. RLF will contact the manager and ask him to attend a meeting of this comnittee to describe this program in detail and results that have been obtained to date.
E. B. D. Tissue sumnarlzed the recent actions that had been taken resulting from the hospitalization of Mr. Ernest Stevens who had previously given a deposition on his health condition to his legal council. BDT has' reported
PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
UCC 098212
North Charleston Steering Committee Meeting Minutes -
June 38. 1982____________ ____
\
-2-
June 22, 1982
that he has obtained permission to obtain medical history and Information1
on Mr. Stevens* condition.
<,
F. J. L. Worstell indicated he would suimarlze a list of tanks and the toxic/hazardous chemicals that are stored In the Bulk Terminal area and describe the emission control devices on those tanks.
RLF:k= Ext. 3406;
R. L. raster
PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
ucc 098213
UNION CARBIDE CORPORATION
437 MAC CORKLE AVE. SOUTH OiARLSTON. W. VA,
LAW DEPARTMENT
?
June 21, 1982
R. A. Butler, Esq. Law Department - E3262 DANBURY
Re: Ernest L. Stevens Air Pollution - North Charleston, West Virginia
Dear Bob:
As I advised you by telephone, we have agreed to waive any defects in the service associated with the taking of the deposition of Ernest L. Stevens in exchange for Hr. Stevens* authorization to examine his medical records.
The foregoing is confirmed by Mr. W. T. Shaffer's letter to me of June 18, 1982, with its enclosures, copies attached__ rfficAe
Very truly yours,
GJT/pe Attachments
c: J. E. Geoghan, Esq.
(w/att.)
C. C. Smith, Jr., Esq. (w/att.)
PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
UCC 098214
Jackson, Kelly, Holt & O'Farrell
Attorneys at Law
P. O. BOX 003 Charleston, West Virginia 2002a
1500 ONE VALLEY SOUARE
TELEPHONE (304) 3-47- 7500
TELECOPIER (30*) 345-6148
WRITER'S DIRECT DIAL NO.(30-4) 3-47 7
June 18, 1982
TELEPHONE (*) ?Z. 7JU
RECEIVED JUN 21 1982
G. J. TRIPLETT
Joseph Triplett, Esquire Union Carbide Corporation 437 MacCorkle Avenue South Charleston, West Virginia 25303
Dear Joe:
Enclosed is the medical authorization signed by Ernest L. Stevens as well as a copy of the stipulation waiving any defects in procedure or service associated with the taking of the Stevens' deposition.
My kindest regards.
Very truly yours.
WTS/ad Enclosures
PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE
ORDER"
UCC 098215
AUTHORIZATION
TO WHOM IT MAY CONCERN:
I, the undersigned.
______________ r
do hereby authorize any physician, hospital, institution, employer,
other person, firm or corporation, or the West Virginia Workmen's
Compensation Commissioner to release (upon presentment of this
authorization or any photostatic copy of the same) to any repre
sentative of Union Carbide Corporation, or to any designee thereof,
or to bearer, any information, records, x-rays, papers, notes and
histories, or any other papers concerning any treatment, examinations,
periods or stays of hospitalization, confinement, diagnosis, or
other information pertaining to and concerning my physical or
mental condition, or my employment, and any and all other papers
concerning any claim or claims filed by roe against any employer
or employers before the West Virginia State Workmen's Compensation
Commissioner. This authorization also includes authority to copy
any and all papers, records, etc. This authorization is continuing
in nature and is to be given full force and effect to discover
information of any of the foregoing learned or determined after
the date hereof.
Dated at
this (T day" of
UCC 098216
IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA
IN RE: Erneat Lee Stevens CIVIL ACTION NO. 82-135
AGREEMENT AND STIPULATION It is hereby agreed by Union Carbide Corporation, FMC Corporation, Jackson, Kelly, Holt 6 O'Farrell and Winfield T. Shaffer, their attorneys, that each of thoao named individuals and corporations waive any defects in procedure or service associated with the taking of the deposition of Ernest Lee Stevens in the above-styled civil action. This waiver is execut ed with the understanding that Ernest Lee Stevens will provide Union Carbide Corporation and FMC Corporation or their attorn ys
UCC 098217
Vol, 3, No. 22--Hazardous Wast R port
Health stepped in and asked that Hooker be required to hire a private consultant to conduct a health survey, if that becomes necessary. DEC and Hooker have been meeting for weeks to work out details of an agreement to address a dioxin contamination problem voluntarily reported by Hooker.
Court Imposed Consent Order May Be Alternative
According to Barbara Guibord, assistant counsel for the DEC's Hazardous Disposal Site Compliance Team, the breakdown of the talks may lead to a formal hear ing, conducted by the DEC commissioner, and a courtimposed consent order.
Negotiations began April 6 when Hooker notified DEC that dioxin concentrations ranging up to 500 ppm had been discovered in containers of tar residues at the company's North Tonawanda plant. Dioxin was also found in two of four groundwater samples taken from wells near the containers.
The Hooker-DEC negotiated consent order would have required Hooker to conduct extensive sampling to determine the extent, if any, of off-site dioxin con tamination. According to Guibord, Hooker had no problem with this provision.
Although Hooker rejected the Health Department's request and ended the talks, the company has agreed to complete the technical aspects of the order, including in stallation of new, off-site wells and additional testing.
Without the consent order, added Guibord, DEC has limited access to the site and little leverage to make Hooker comply.
Dioxin Found During Special Testing
Although Hooker routinely monitors their wells, the test for dioxin was specifically conducted to determine the extent of dioxin contamination at the site, which was surveyed as part of a 1979 Interagency Task Force Report on Hazardous Wastes.
According to the report, 14 sites on the property were used between 1930 and 1973 for the disposal of approx imately 28,500 tons of individual wastes, including drummed quantities of chlorinated phenols, of which dioxin is a by-product.
STATE DEADLINES
MAY 21--EPA granted Phase II Interim Authprization (Components A & B) to Georgia for its hazardous waste management program (47 Federal Register 22096).
ENFORCEMENT & LITIGATION
WOBURN, MASS. SUIT BASED ON ENVIRONMENTAL TORT ISSUE
A unique environmental tort case was filed May 12 in Massachusetts by 23 Woburn residents based on allega tions that contaminated drinking water caused damages including death and serious illness in their families.
The suit, unusual because it raises liability questions in this newly developing area of law notable for its lack of precedent, was filed by the public interest law firm, Trial Lawyers for Public Justice. Anthony Roisman, formerly special counsel for hazardous waste litigation at the Department of Justice, is executive director of the law firm.
The 23 Woburn plaintiffs contend that they and their decedents have "either contracted fatal illnesses, been exposed to a significant risk of contracting fatal or otherwise serious illness and/or suffered significant mental anguish as a result of the contamination of their drinking water."
Damages and Injunction Asked
The suit asks for punitive and compensatory damages and an injunction against defendants, Cryovac, Inc., W. R. Grace Company, John J. Riley Co., Beatrice Foods, and XYZ Co., whose identity is unknown. Under the provisions of Massachusetts law, the amount of damages is not stated in the complaint. The presiding judge or, in the case of a jury trial, the jury decides if entitlement exists and what the award should be. Whether an injunction and its provisions are imposed will also be determined by the judge or jury.
Health Survey Cited
According to the complaint, residents of the area who had complained about the water quality for years and who had noted the rising rate of illness in their area, became alarmed when groundwater wells were found to have hazardous contaminate levels and were shut down.
A study conducted by the Massachusetts Health Department and the Center for Disease Control found that, for the decade 1969-1978: (1) the overall death rate to Woburn was 8 percent higher than expected based on statewide experience; (2) deaths from cancer were 13 percent higher than the state cancer mortality rate; and (3) that significantly more deaths than expected were reported for cancers of the kidney and female organs other than the cervix. The findings also showed that
UCC 098218
12 Vol. 3, No. 22--Hazardous Waste R port
more than twice the number of expected childhood leukemias were identified.
The complaint also alleges that during the operation of the drinking wells, the defendants "disposed of or allowed to be disposed, chemical waste products, organic solvents and other wastes on their properties."
One important issue in this case is whether strict liability will be imposed on the defendants. The case questions whether during the course of their operations, they were aware of "reasonably foreseeable conse quences": that the waste from their operations might escape and contaminate the groundwater. The strict liability provision has been used by attorneys in arguing cases involving ultra-hazardous substances.
DEFENDANTS SENTENCED IN PENNSYLVANIA'S PITTSTON CASE
In one of Pennsylvania's self described "most in famous and complex" stream pollution cases, Elmo Scatena was sentenced last week to 11-22 months in prison, fined $195,000, and placed on five years proba tion. His two sons were fined $130,000 each and given five-year probationary sentences for their role in joining their father in allowing toxic chemicals to be dumped in to a borehole on their property.
Pennsylvania Attorney General LeRoy Zimmerman said "the sentencing of the Scatenas nearly completes the lengthy investigation of the dumping of millions of gallons of toxic chemicals that found their way from the borehole into the Susquehanna River," (see HWR, Vol. 3, no. 16, p. 15).
The illegal'dumping was arranged by the president and five employees of the now defunct Hudson Oil Refining Corp. of Edgewater, New Jersey. Russell Mahler of Westport, Connecticut, president of the cor poration, has begun serving a one-year jail term in federal prison following sentencing in April. He was also ordered to pay fines, restitution, and prosecution costs totalling $760,000. Zimmerman said the one-year jail term and $760,000 in fines given to Mahler were "the largest penalties imposed in a criminal case involv ing environmental violations in Pennsylvania history." It also marks the first imprisonment of a business ex ecutive who was involved in white-collar crime by way of his perpetrating violations of Pennsylvania's rigid clean streams regulations," the Attorney General said.
Mahler paid the Scatenas between $150 and $200 for each truck-tank load of wastes they allowed to be dumped into the borehole located on their property. The Scatenas were convicted in September 1980, on a variety of charges of clean streams violations, risking a catastrophe, and illegal discharges into a mine and a
river, but their sentencing was delayed by post-trial ap peals. Two Hudson Oil dispatchers are still awaiting sentence.
EPA ISSUES GUIDELINES TO COORDINATE ENFORCEMENT AND RESPONSE ACTIONS
EPA published in the Federal Register May 13 guidelines for federal, state, local, and private parties providing them with a general description of how response actions taken under Superfund will be coor dinated with the use of enforcement authorities available to the Agency and the Department of Justice (DOJ).
The guidelines point to existing authority not only under Superfund, but under RCRA, TSCA, the Clean Water Act, the Clean Air Act, the Safe Drinking Water Act, and in common law. Also included are ad ministrative orders, enforcing standards and permits, information gathering, and other imminent hazard and emergency powers.
Flexibility a Must
In order to be most effective, an enforcement pro gram must be adaptable to a wide range of situations, EPA's guidelines state. Consequently, choice of en forcement authority or use of administrative orders will be handled case by case.
Responsible Parties Given Chance to Voluntarily Clean Up
Before response activity or enforcement action begins, EPA will try to provide oral or written notice to potentially responsible parties. This notice is intended to give the identified parties a chance to voluntarily clean up and to advise them of their potential liability if the site has to be cleaned up by the government. If volun tary cleanup is unobtainable, EPA and DOJ officials will determine whether to use Superfund or other ad ministrative tools.
If a site is cleaned up with Superfund money, the guidelines say "every effort will be made" to recover costs incurred.
The guidelines encourage states to take the lead in bringing enforcement actions. Coordination of federal/state actions will be accomplished primarily through the use of cooperative agreements.
UCC 098219