Document 50E8avrMLVpmj3nReq288v7vV

jroaaj |-JIE.-a- r tiffs-*. (M 51*0. r-*'-C tzt 1 I du Pont de Nemours 5. Company Wilmington. Delaware MEDICAL DIRECTOR 3 omCE ViuCs2 v> fC' Ov y 1Xort?. h/ L. E. Thompson, Assistant Surgeon General Chief, Scientific Research Division Treasury Department Public Healtr Service Washington, D. C. . V"T^ ' My dear Doctor: I. have received your letter of May lPth relative to our previous request that we might be able to call upon Dr. Russell in an intending litigation in Indians. This case is of extreme importance to us as we believe that it is the beginning attempt to organize alleged compensation claims in this district. Unfortunately, we are unable to determine Just exactly what the claim will be, but feel convinced that it will be either lead poisoning or silicosis. The law is worded in such a way in this district that a claim can be entered, as this one is, for occupational disease without any further qualifications, Therefore, we ere at a decided less to know Just exactly we are facing there in the future. From the standpoint of lead poisoning we have been ex tremely careful. We have installed a very complete medical service on this Plant, we have spent a great deal of money towards cleaning up the dust hazards, and have maintained a very careful check on ou: -2 - From. the standpoint oJ' siiioosi? w? did have a hazard .-or'i'jT 5ilict-f o'-rs t:on. vrr.fr- same cf r.ir:. silica -*-*-,* X - v.'- = e ft - * * o'-* r - r i;;". l n -*"* *-- >. -. ,,.c /*/\ fw, &. ^ tao +C ? o*" -- jo y ,:: ** tr.is has beer, rev e-die* and the claimants in this case did not 'ork in this area. However, it is core or less generally known throughout the district that there is, or at least was, a silica hazard in this Plant and, therefore, we feel that there ray be some possi bility of that tyoe of clsic. As you know it is extremely difficult to get witnesses who really and truly understand silicosis and it is with this in nine tr.5t we were anxious-to get Dr. Bussell to heir us cut if such a thing were possible. I have been to Cleveland and consulted with our Legal Deoartnent there relative to your suggestion that we get the Judge, who is to sit at the case, to request the services of Dr. Russell. Our Mr. Miller tells ce that this is quite inpossible as, in the first place, we do not know who the Judge is and with the political situation as it stands he would, in all orobabllity, whoever he eight be, refuse such a request - feeling that labor in general would gather that he was favoring industry. As the case stands at the nresent tine it will orobably cone up some tine in the fall and we have encaged the services of Dr. Fobert A. Xehoe, of the "Jniversity of Cincinatti,' to represent us from the lead side and we are extremely anxious to get someone * - "nr-r"t.-'-.J that *e sr-r rtthcr >-t 5 loss t: knov v:s-1 ivt?r what to ore-ipre for. We are denied the privilege of ex s~:r.ing tr.??? ex-er^iryer, = lthc^'r-r. ye neve their exartinrti or. records as of the tine the;-* were wording on our Plant and these are all entirely negative. Taking all these facts into consideration, v?= t?ould again ask you if it night not be possible to, in sorts v:=y, secure the services of Dr. Russell for these cases. Araiting your reply at your convenience, I an Yours very truly, MEDICAL DIVISION... . * `"T n`J.u.Wn.TMv1. G. E. Gehrrtann, y.D^T, Medical Director --Mhf-j^WI~BfFnMIMEJaaff-S<'--WiiMli c3* .Mali kay 12, 19 S4 \ Dr. 0. H. Gehraasn, Medical Director, 3. 1. du Poet do Keaours & Coa;>anrf PiiaiEgtca, Del&Tsre* Dear Dr* Cehraam - Ifr. Leake Laa referred yc-^r letter of Kay 'll, re' garding tea iai suit in r^st wr-ics;o, Indians., to as for reply* Surgeon General*s poii ey:not -to detai 1 Huiyoffitareof the Putlie. Health Serric* to .teefcifjr.in -eiis* ?-==-.relating to labor.or,,indufltry. ....It is auggeated, be*Tert ithat you friend of tie Court * giro hia bis GpinioB4*dTioeoa the dl'-.)' 'Jeeai: iheueat ion.: leeieteat Surgeon General ;'i - Chief, Solent ifie Heaesreh Dillon tra^KU i*ai i. du Font oe Nemours & Company c;*- Wilmington. Delaware MEDICAL DIRECTOR'S OFFICE Dr. JE.".es ?, Lease United Public Keelth Service <i s s n i Ti g w Du , D C . T L"w Y.y ce?r Dr. Le??e; I as. writing you for a little information and guidance. Xe are threatened with a law suit out in Seat Chicago, Indians and this suit ip of such a mature that'before we start we' co not know exactly whs* the alleged difficulty is. However, we it wi:: he one two t rings - sir ic os is or lead poisoning. Xe are preparing a defense to cover both situa tions. It is a rether difficult and unusual type of case in view of the fact that we have no approach to the individual before the suit starts. Therefore, we must be prepared to defend most any thing when it comes up. Xe have engaged the services of Sr. Zshoe, of Cincir.atti, to defend us from the. standpoint of lead er.d we now want a good mar. on silicosis. Cur Grasselli group is anxious to get Dr. Albert Russell, who is a member of your organization. V.y purpose in writing to you is to find out lust how we can go about securing the services of Dr. Kussell and the permiss ion of the Public Health Service to allow him to testify in this case in the ever.* that we need him. OH 0:1 L( J7 M - J-i'?______ H. 0ef.r",?r.yr7 )/.rC, fe-Iiesl tirecVfir *vf fry _ 1 --* June 1, 1554 \ ti r- . K. Gehrri&rr., Medical Director i edraa PF'ort de Kenours &. Do., Ei Islingtoonn, Delaware. lij uiisr Dr. Oahrnann Your letter of Say 29, addressed to Dr. L. S. Ihoaipeon, regarding the securing of the services of Dr. Bussell to testify lx a case of silicosia, has bean brought to ay attention. 1 ragret that I can not approve of Dr. Russell's appearing in any court ex cept in a disinterested err-a \ I realize that many fictitious claims of silicosis hale been brought in to the court*, and that in a erne instance* It has almost become a racket. On the other hand, our vho&e usefulness In the field of industrial hygiene haa bean tha partial lnrestigatton of industrial hazard* -This we can only do with the full co operat ion of industry and labor. Should re allow our offleara to appear in court in favor of either labor or Industry, 1 aa sure that in a short time our work would not be considered impartial and ve would find our field of work fproatly curtailed, ^ From your own standpoint, I believe you will see that if re were to examine tie health hazards of an industry anc than ap- > pear as witness on the side of one of your employees, it would be wery difficult for you to admit us a second time, no matter how is-__ J portent the work. "/ I beliere the Service policy In this astter is established 3, cz a sound basis and should not be disturbed. Tory truly yours, MWi--ijraita mm i r/ ( r, CAflt NIXON Thomas j rAflGOAVE E. WIU.OUSH0V OCLE*CS TBANK c DGVANS * cuvoe oEabl c. oerafl'EN E0WAOO I. CP'STY CASPER SAUTENSPEPOEP ALfQCO W OUNSAP JUSTIN OOTCE SCOTT STEWAPT.jp. ratmonO r aluEN TPANK J. GOODWIN ARTHUR U. STERN Xixon. HarOgrave, Middle ton & Derains Attorneys cmd Counselors at Law til Exchange Street Rochester 4.X.Y. March 4, 19^9 Re: Sinclair vs. U. S. Gypsum Co. (Common law action) \ CZ' &c IIfl fl ft 7. U . T OANIEL G AGMNEOr GEORGE C, GOPCON. in GCOPOE **. jz SHERMAN WILLIAM M MC'3i THOMAS C. TA'-_C CULVER A SAC ALEREO G. SOTla alCxanoer O. maRGRav WILLIAM j. 9LCA jOhn r roasTT jCSCh k. suS Wendell J. Brown Scott,-MacLelsh & Falk .. 13^ South LaSalle Street Chicago, Illinois Dear Mr. Brown: I now have heard from most of the prospective witnesses concerning their availability and It looks as though the only available date will be some time after April 11, if that can be arranged with the Court. Here is the way matters line up: Clay has taken a cruise to South America to rest up. I am told he is expected back March 18 when he will go to trial with Stakel in a criminal case in 3atavia. If he should return sooner, you are tied up with a case during the week of March 14. Dr. McCann emphasizes that he will not be available from March 23 to March 30. I have a complicated case for du Pont involving Insecticide and potatoes set down for March 29 in which the potato grower and his lawyers are insisting upon trial. Even if I were free. Dr. Brumfiel cannot attend for the week beginning March 28 anyway. Moreover, Dr. Donnelly writes that our two stalwarts from Buffalo (extremely important there) will not be available at any time before April 11. Dr. Donnelly leaves March 7 for Florida and will not return until April 11. Dr. Strohm is sick and "won't be available for some time". I haven't heard definitely from Dr. Kaltrelder yet so that the only one I am sure of at this time is . Van Peursem. Very truly yours. CV3:AJV Copy to: David V. Daniel rjs