Document 5jN1gZZKaeQ9Q8LjvBd6qLYN
L A W OFFICES BARBIER, GOULET. PETERSMARCK. TOLLESON & MEAD. P. C.
34820 HARPER AVENUE MT CLEMENS, MICHIGAN 48043 13131792-4000
STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF MACOMB
KENNETH GRIMM, Personal Repre sentative of the ESTATE OF HELEN GRIMM, Deceased,
Plaintiff,
vs.
FORD MOTOR COMPANY, a Foreign Corporation, UNION CARBIDE CORPORATION, a Foreign Corporation, DIAMOND SHAMROCK CORPORATION, a Foreign Corporation, STAUFFER CHEMICAL COMPANY, a Foreign Corporation, TENNECO CHEMICALS, INC., a Foreign Corporation, UNIROYAL, INC., a Foreign Corpo ration, ALLIED CHEMICAL CORPORA TION, a Foreign Corporation, HOOKER CHEMICALS & PLASTICS CORP., a Foreign Corporation, FIRESTONE TIRE & RUBBER COMPANY, a Foreign Corporation, BFGOODRICH COMPANY, a Foreign Corporation, GOODYEAR TIRE & RUBBER COMPANY, a Foreign Corporation, Jointly and Severally,
Case No. 83-2872-NO Hon. Raymond R. Cashen
Defendants.
______________________________ /
ANSWERS TO INTERROGATORIES
NOW COMES Defendant, BFGoodrich Company, by and
through its attorneys, BARBIER, GOULET, PETERSMARCK, TOLLESON &
MEAD, P.C., and in answer to Plaintiff's Interrogatories,
states as follows:
QUESTION 1.
When did the Defendant first manufac
ture any "PVC product"?
ANSWER 1.
Mid 1930's.
i
QUESTION 2. "PVC product"?
ANSWER 2.
When did the Defendant first sell any Mid 1930's.
BFG02383
QUESTION 3. "PVC product"?
ANSWER 3.
Does the Defendant now manufacture any Yes.
QUESTION 4 product"?
ANSWER 4.
Does the Defendant now sell any "PVC Yes.
QUESTION 5.
For each "PVC product" directly or
indirectly made available to the Mt. Clemens Plant of the Ford
Motor Company, for the years 1968 through 1976 state:
(a) The Identification and/or Specification Number of the "PVC product".
(b) The year or years each "PVC product" was sold to the customer.
(c) The chemical composition of each "PVC product".
(d) The quantity by year of each "PVC product"
sold to Ford Motor Company.
ANSWER 5.
a) GeonR 101, 10 2EPF-5, 121, 135F-1, 400X47 ,
576, 580X12, 109, 8750, 575X43, 92, 93, 99,
90X6, 10 3EPF-71, 130X17, 124 F-l, 130X17,
103EP, 135.
(b) GeonR 10 1
1968 through 1972
10 2EPF-5
1968, 1969, 1975, 1976
121 19 68 , 1969
135F-1
1968
4 00X47
1968 through 1972
576 1968
580X12
1968 through 1971,
(1973, 1974)
109 1969
87 50
19 69
575X43
1970
92 1971, 1973
93 1971, 1972
99 1971, 1973
80X6
1971
103EPF-71
1972
130X17
1972, 1973, 1974
1 24 F-l
1973, 1974
103EP
1976
135 1976
85766
1972
(c) Polyvinyl
Chloride
copolymers.
homopolymers
and
2 bFG02384
20209002
L A W OFFICES BARBIER, GOULET, PETERSMARCK. TOLLESON & MEAD. P. C. 34fl?0 HARPER AVENUE MT CLEMENS, MICHIGAN 40043 13131792-4000
(<3> Product 1968
Geono res in 101 GeonK resin 102EPF-5 GeOnR resin 121 GeonR resin 135F-1 GeonR res in 400X47 GeonR latex 576 GeonR latex 58 0X12
1969
GeoriD resin 101 Geon resin 102EPF-5 GeonR res in 109 GeonR resin 121 GeonR res in 400X47 GeonR latex 580X12
1970
GeonK res in 101 GeonR resin 400X47 GeonR 8750 Gray 259 GeonR latex 575X43 GeonR latex 58 0X12
1971
Geono res in 101 Geon* resin 92 GeonR res in 93 GeonR resin 99 GeonR resin 8 0X6 GeonR resin 400X47 GecmR latex 58 0X12
1972
Geono 85766 Natural 021 Geon^ resin 101 GecnR resin 10 3 EPF-71 GeonR resin 93 GeonR resin 130X17 GeonR resin 400X47
1973
Geono resin 92 GeonR resin 99 GeonR resin 124F-1 GeonR resin 130X17 GeonR latex 58 0X12
1974
GeonR resin 124 F-l GeonR resin 130X17 GeonR latex 58 0X12
1975 GeonK resin 10 2EPF-5
Pounds
241,000 883,000 110 ,000
16,000 5,10 0
107 ,940 22,369
280,000 40,000 4,000 13,320 22,000
255,041
240,000 14,9 50 300 292
241,034
287,900 50
400 50
1,000 25,000 275,410
1,900 94,700 496,340 170,840
720 70,000
22,800 1,000 120 80
152,946
2,280 80
116,141
380,100
20209003
-3 T
BFG02385
L A W OFFICES BARBIER. GOULET. PETERSMARCK. TOLLESON & MEAD, P. C.
34820 HARPEIl AVENUE MT. CLEMENS. MICHIGAN 48043 (3131792-4000
fQQSQZOZ
1976
GeonR res in 10 2EPF-5 GeonR resin 103EP GeonR res in 135
2,314 ,990
299,470 40,000
QUESTION 6.
For each "PVC product" manufactured
and/or sold to the Mt. Clemens Plant of the Ford Motor Company
for the years 1968 through 1976 state:
(a) The generic name of the "PVC product". (b) The brand or Trade name and description of
each product. (c) The intended use of each product. (d) The form in which the product is sold, e.g.,
bags, drums, boxes, etc. (e) Does the "PVC product" have to be mixed,
altered, or compounded, with other products or materials? If so, describe what the user had to do to process the product, before applying and using the product.
ANSWER 6. (a) Polyvinyl Chloride. (b) Geon . (c) Diverse variety of uses and applications as determined by the purchaser. (d) Multiwall bags, semi-bulk boxes, or bulk. (e) Yes. Although the specific details of Ford Motor Company's manufacturing processes are unknown, defendant is informed and believes
that Ford Motor Company mixed the PVC products with other materials to produce desired end product.
QUESTION 7.
For each "PVC product" referred to in j
Answers to Interrogatory 6, state:
;
(a) The date the product was first commercially
sold.
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(b) The date and place where the product was !
designed or developed.
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(c) The identity and present whereabouts of the
person or persons responsible for the design
or development of theproduct.
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(d) The identity and present location of all j
records describing and dealing with the
design and development of the process.
(e) The identity and present location of all
records dealing with the testing of the
product.
(f) The professional qualifications of the per
son or persons responsible for the design or
development of the process, including:
1. His education;
4
BFG02386
L A W OFFICES BARBIER. GOULET. PETERSMARCK, TOLLESON & MEAD. P. C. 34B20 HARPER AVENUE MT CLEMENS. MICHIGAN 48043 (3131792-4000
2. His experience in various professional positions that he has held in the past with your company or any previous employer;
3. Whether he has had any special training in this specific area of "PVC product" use;
4. Whether he is licensed by any govern ment agency or holds membership in a professional society or association;
5. Whether he has published any papers or books or given lectures on subjects dealing with use of "PVC products", and if so, the title of each paper and the date and place of publication;
6. What trade or professional journals he subscribes to or reads on a regular bas is;
7. Those fields in which he feels that he qualifies as an expert.
ANSWER 7. (a) All products referred to and answered in Interrogatory No. 6 were first sold during or prior to 1968 with the exceptions of Geon* 130X17 (1970) and GeonR 80X6 (1970). (b) The products were developed primarily at Avon Lake Technical Center, Avon Lake, Ohio starting in the early 1930's and continuing to date. (c) This development was and is a group effort with no one particularly indentifiable indi viduals. (d) BFGoodrich Chemical Group headquarters, 6100 Oak Tree Blvd., Cleveland, Ohio 44131 and Avon Lake Technical Center, Avon Lake, Ohio 44012. (e) Avon Lake Technical Center and the manufac turing facility of the particular product. (f) See answer to Interrogatory No. 7(c).
QUESTION 8. With respect to each "PVC product",
state whether you gave any consideration to the possibility of
inhalation of the chemical or chemical combinations, and the
possible injurious effect by users of the product and residents
of the adjacent residential neighborhood. If so:
(a) Describe, in detail, the factors considered. (b) Give the date, location and names of par
ticipants at each meeting where the matter was discussed or considered. (c) Identify each document recording such con sideration by date, title, file designation, author and present location.
5 BFG02387
20209005
ANSWER 8(a)-(c)
Yes. However the PVC products are
stable polymers with so little residual monomer that they are
not considered to be significant health hazards, apart from the
normal problems which would be created if a user generates and
does not control excessive heat or dust in its manufacturing
process.
QUESTION 9.
With respect to each "PVC product"
referred to in Answer 6, state whether any instructions, oper
ating instructions or warnings were given to purchasers or
users of the product, or residents of the adjacent residential
neighborhood. If so, state separately for each product:
(a) The name, title and present address of the author of each such warning and/or instruc tions.
(b) The verbatim content of each warning or instructions.
(c) The inclusive dates of use of each such warning or instruction.
(d) Whether the instructions were communicated
or delivered to the distributor and/or pur chaser of the products, and if so, state the name, address and telephone number of the persons who communicated and who received the instructions and the date delivered to the purchaser. (e) Whether the warning and instructions were attached to the product when sold and/or delivered by you, and if so, the method of attachment. (f) Whether you have a copy of the warning and/or instructions in your possession at the present time, and if so, where it is located. (g) Whether any studies, evaluations or analyses were conducted by your prior to your use of each warning and/or instructions. If so, identify the study by date, author, title and file number and state its present loca
tion.
ANSWER 9
A search for documents is currently in
process. This answer will be supplemented.
2020900B
6 BFG02388
QUESTION 10. Have you ever imposed or considered any
restriction or limitation on the use of the "PVC product"
referred to in Answer 6? If so, state separately for each
product:
(a) The verbatim content of each limitation indicating which product is applied to.
(b) The date it was first imposed. (c) The reason for imposing the restriction or
limitations. (d) If the reason for the restriction isstated
in any document, identify each document by
date, author, title and state where it is presently located. (e) The person responsible for imposing the restriction or limitation. (f) If the limitation or restriction was com municated to purchasers of the product, state how this was communicated and if in writing, identify the communication and attach a copy to your answer. (g) If not imposed, state why not.
ANSWER 10.
See answers to Interrogatory Nos. 9 and
.11
L A W OFFICES BARBIER. GOULET. PETERSMARCK. TOLLESON & MEAD, P. C.
34820 HARPER AVENUE MT. CLEMENS, MICHIGAN 48043 (313)792-4000
QUESTION 11. At the time of the development of each
"PVC product" listed in Answer 6, did you attempt to determine
whether the product complied with the then applicable safety
standards, safety orders, regulations, laws, rules, and design
requirements of any city, county, state, or the Federal Govern
ment of the United States?
(a) If the answer is in the negative, please state the reason for not conducting such an
analysis and identify the name of the person deciding not to conduct the analysis. (b) If the answer is in the affirmative, identify those safety standards, safety
orders, regulations, laws, rules or other ordinances which you claim you considered.
ANSWER 11.
There are no standards specifically
regulating PVC resins. BFGoodrich did consider standards and
regulations in effect at the time of product development which
addressed the residual VCM monomer content in PVC products.
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BFG02389
(a) Not applicable. (b) OSHA 1910.1017 (1974) and the previous
Emergency Temporary Standard. Also the OSHA Nuisance Dust Standard.
QUESTION 12. At the time of the development of each
"PVC product" listed in Answer 6, did you attempt to determine
whether the product complied with any applicable safety stan
dards, orders or rules, regulations or design requirements
promulgated by any professional society or association?
(a) If the answer is in the negative, please state the reasons for not conducting such an analysis and identify the name of the person deciding not to conduct the analysis.
(b) If the answer is in the affirmative, identify the safety standards, safety orders, rules, regulations, which you claim you considered by naming the title, number, page and date of the regulation and identi
fying the place where a copy can be obtained of said regulations.
ANSWER 12.
Yes. See answer to Interrogatory No.
11. See also the 500 ppm threshold limit for VCM established
by the American Conference of Governmental and Industrial
Hygienists in 1961, and revised to 200 ppm in 1974.
LA W OFFICES BARBIER, GOULET. PETERSMARCK. TOLLESON & MEAD. P. C. 3*1020 HARPER AVENUE MT CLEMENS, MICHIGAN 48043 1313) 792-4000
QUESTION 13. With respect to each "PVC product"
listed in Answer 6, state whether there has been any change,
alteration or modification (hereinafter collectively called
"change") from when it was first developed to the present. If
so, state:
(a) The nature of each such change.
<b) The reason for such change.
(c) The details of how the changed product
differed from the original product.
(<3) The names of each person recommending and/or
approving such change.
O
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(e) The date each change was accepted by you and
made commercially available.
(f) Whether there were any studies, evaluations,
3or tests made in connectin with such change,
and if so, identify each such study by
title, date, name of author and present
location and custodian.
8 BFG02390
L A W OFFICES BARBIER. QOULET. PETERSMARCK, TOLLESON & MEAD. P. C.
3 'lfl2 0 IIAHI'EII AVfNUE MT CLEMENS. MICHIGAN'I80't3 (3131 792-4000
60060202
ANSWER 13.
The Company maintains an on-going pro
gram to improve its products. As part of this program, numer
ous small changes have been made through the years. These
changes are checked for effect on resin physical properties and
effect (xi customer specification. Any major changes in the
resin are accompanied by a new product identification number.
QUESTION 14. Did Defendant ever recommend to pur-
chasers or users of the "PVC product" listed in your Answer 6
that respirators, protective masks and/or protective clothing
be worn with the product, or that ventilation and emission
equipment be installed? If
so, states
(a) The date or dates when such recommendation
was made
to customer, or any other users.
(b) The date or dates when each such recommends-
tion was made to each user.
(c) Who made the recommendation?
(d) Who received the recommendation?
(e) If oral, the manner and substance of the
recommendation.
(f) If written, identify the document by title,
date, file designation and author of each
such recommendation and the location and
present custodian of each such recommenda
tion .
ANSWER 14.
See answers to Interrogatory Nos. 8 and
9. The VCM standard by OSHA regulated all personal protective
measures, including respiratory devices and clothing require
ments. If the VCM concentrations exceeded the limits set forth
in the standard, respiratory protection was required.
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QUESTION 15. Have you undertaken or financed any studies to determine what type of respirators, protective masks, ventilation equipment and emission equipment would either eliminate or afford maximum protection against the inhalation of "VCM"? If so, state:
9
BFG02391
L A W OFFICES BARBIER. GOULET. PETERSMARCK. TOLLESON & MEAD. P. C.
34820 HARPER AVCNUE M l CLEMENS. MICHIGAN-18043 13131792-4000
(a) Who made the study? (b) When was the study made?
(c) What was the result of the study? (d) If the result was written, identify the
document by title, date, file designation and author of each such study, and the loca tions and present custodian thereof.
ANSWER 15.
Yes.
(a) The studies were conducted by various BFGoodrich employees from the health, environmental affairs, chemical and labor atory areas.
(b) 1974. (c) The study led to the use of air-fed respi
rators for BFGoodrich employees exposed to VCM' above various threshold levels. (d) Documentation pertaining to these studies is located at the Avon Lake Technical Center.
QUESTION 16. To produce the various "PVC products",
have you also carried out the polymerization reaction to pro
duce the required PVC?
(a) Have you ever purchased the PVC? (b) Please indicate dates when such purchasing
started. (c) What percentage of total usage was pur
chased?
ANSWER 16.
Yes.
(a) No. (b) Not applicable. (c) Not applicable.
QUESTION 17. Do any of the various molecular wieght
grades of "PVC" contain any VCM?
(a) If they do, please indicate the amounts, going back to at least 1965 and preparing an illustration of any variation in later years.
ANSWER 17.
Yes.
No Quality Control program
existed for the monitoring of VCM content of Geon^ PVC resins
during the period from 1965 to approximately 1974. Information
from 1974 will be supplemented.
20209010
f
10
BFG02392
QUESTION 18. Do any of the "PVC products" release
detectable amounts of VCM at room temperature (approx. 75
degrees) .
(a) If the answer is Yes, please indicate which of the products.
ANSWER 18.
See Exhibit A attached hereto.
L A W OFFICES BAR8IER, GOULET. PETERSMARCK, TOLLESON & MEAD. P. C. 3*1820 HARPER AVENUE MT CLEMENS, MICHIGAN 48043 13131792-4000
QUESTION 19. For each of the "PVC products" please
indicate the temperature at which detectable amounts of VCM are
released.
(a) If they do, please indicate the amounts going back to at least 1965 and preparing an illustration of any variation in later years.
ANSWER 19.
See Exhibit B attached hereto.
QUESTION 20. To produce the various "PVC products",
have you also carried out the polymerizatino reaction to pro
duce the required PVC?
(a) Have you ever purchased the PVC? (b) Please indicate dates when such purchasing
started. (c) What percentage of total usage was pur
chased?
ANSWER 20.
See answer to Interrogatory No. 16.
20209011
QUESTION 21. Please indicate which of your "PVC
products" conforms to which of the customer's specifications.
ANSWER 21.
GeonR
Ford Spec No.
101 10 2 EPF-5 121 135F-1
4 00X47 576 580X12
109 87 50 Gray 259
575X43
M96F-60 M96F-60A
M9 6F-160 M96F-181 No code assigned No code assigned No code assigned
M96F-6 3 No code assigned No code assigned
11
BFG02393
LA W OFFICES BARBIER. GOULET. PETERSMARCK. TOLLESON & MEAD, P. C.
34820 HARPER AVENUE MT CLEMENS. MICHIGAN 48043 (3131792-4000
2T060?:07:
92 93 99 80X6 130X17 85766 Natural 021 124 P-1 103EPF-71 103EP
135
M96F-60A
No code assigned M9 6F-6 3 M96F-205 No code assigned No code assigned No code assigned M96F-51A M96F-51A M96F-181
QUESTION 22. Have you undertaken or financed any
tests or studies to determine what type of ventilator or venti
lating system vrould eliminate or decrease the number of "VCM"
monomer ejected or produced by the "PVC product"?
(a) Who made the test or study? (b) When was the test or study made? (c) What was the result of the study or test? (d) If the result was written, identify the
document by title, dates, file designation and author of each such test or study and the location and present custodian thereof.
ANSWER 22.
See answers to Interrogatory Nos. 18
and 19. See also Exhibit B.
QUESTION 23 . Have you conducted any tests or
research studies to limit the volatility and improve the heat
stability of your "PVC product"?
(a) If the answer is in the affirmative, give dates, name of tester, and why this study was conducted.
(b) If the answer is in the negative, state why.
ANSWER 23.
BFGoodrich maintains an on-going pro
gram to improve the heat stability of its products.
I1
QUESTION 24. Has your company had as part of its processing, distribution, and sales of "PVC products" a system of inspections, relating to the safety to the users of the product.
" 12 '
BFG02394
(a) If the answer is in the negative, please state the facts for not having such a system, and give the name, present address and telephone number of the person respon sible on behalf of your company for making such a decision.
(b) If the answer is in the affirmative, state: 1. When the system was initiated; 2. Who was responsible for initiating and overseeing the system; 3. Describe the system used;
4. If there are any documents describing
the inspection system, identify each such document.
ANSWER 24.
BFGoodrich has quality control and
industrial hygiene systems to ensure that products introduced
into the marketplace by BFGoodrich are commercially safe for
reasonably anticipated applications by end users. Documenta
tion pertaining to these systems is located at BFGoodrich
Headquarters in Akron, Ohio, Chemical Group Headquarters and
all production locations.
QUESTION 25. Were the "PVC products" sold, distri
buted or delivered to the customer directly or indirectly,
subject to such a system of inspection? If so, describe the
inspection system used.
ANSWER 25.
The products are tested in accordance
with quality control standards as outlined by the Company. The
chief chemist at each production location is responsible for
testing and retention of documents that exist.
20209013
QUESTION 26. Please state for each inspection of
material sold, distributed or delivered to the customer.
(a) The stage of production, processing and packing of the "PVC product" when such inspections were performed.
(b) The name, present title and present address of the persons responsible for each and every inspection.
13
BFG02395
(c) The present location of all notes and records for each such inspection.
ANSWER 26. (a) Initial inspections of raw materials are accomplished/ while other inspections and quality control testing are done during the manufacturing process and before packaging. (b) The chief chemist at each production loca tion. (c) Each production location.
QUESTION 27. State whether any such "PVC product"
was rejected during the inspection process. If so, state what
the reasons were for any such rejection.
ANSWER 27.
Resins have been rejected as a result
of inpsections for not passing quality control criteria or for
failing to satisfy a particular customer specification.
L A W OFFICES BARBIER. GOULET. PETERSMARCK. TOLLESON & MEAD. P. C. 3*1820 HARPER AVENUE M T . CLEMENS. MICHIGAN 48043 13131792-4000
QUESTION 28. State whether any subsequent correc
tions, changes or modifications were made in your procedures as
a result of a rejection made during the inspection of "PVC
product" or materials sold and/or distributed to the customer.
ANSWER 28.
BFGoodrich is continuously modifying
and improving its procedures, particularly to conform to
changes in customer specifications.
QUESTION 29. Identify all records of inspections and
state the name, present address and telephone number of the
custodian of such records, including notations or corrections
to be made and whether or not the corrections were made.
(a) If the answer to the foregoing interrogatory
is all records of such inspections and cor- fQ
rections were oral communications, state the G
date, name of the person making the oral 5
communication and the subject matter of each O
such communication.
q
ANSWER 29.
See answer to Interrogatory No. 26
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BFG02396
r
L A W OFFICES BARBIER, GOULET. PETERSMARCK. TOLLESON & MEAD. P. C.
34020 HAMPER AVENUE MT CLEMENS. MICHIGAN 48043 (3131792-4000
QUESTION 30. State whether the "PVC products" were
the subject of any type of advertisement, regardless of media,
issued cn behalf of your company. If so, state for each
product:
(a) The subject matter of the advertisement. (b) The media in which the advertisement was
placed. (c) When the advertisement(s) was so placed. (d) The geographic area(s) the advertisement was
used in. (e) Whether any photographs or diagrams were
included in the copy of the advertisement. (f) Identify the advertisement by author, date
and present location and custodian, and attach copies of all advertisements. (g) Was anyone, besides you, involved in the preparation of the copy for the advertise ment, and if so, state such others name and address.
ANSWER 30.
Yes.
(a) GeonR PVC Resin and Compounds.
(b) Trade journals and business journals.
(c) Continuous.
(d) World-wide.
(e) Yes.
(f) BFGoodrich Advertising Department.
(g) Griswold-Eshleman, 55 Public Square,
Cleveland, Ohio.
QUESTION 31. State whether any brochures, writings, or other materials, written or photographic, were made avail able to distributors, ultimate users or the general public concerning the design, manufacture, distribution, selling, and/or use of the "PVC product". If so, for each such brochure or material:
(a) State the purpose of the brochure and
material. (b) When was the material accepted on behalf of
the company for general distribution. (c) Give the name, present address, telephone
number of the person responsible for the preparation and acceptance of the material for general distribution on behalf of the company. (d) Identify the brochure or material by author, date and present location and custodian, and attach copies of each. (e) Please attach a copy of the applicable aforementioned material to your answers.
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BFG02397
ANSWER 31.
Yes.
(a) The Company prepares product data brochures
to provide relevant information regarding
the product to customers and potential customers.
(b) Such brochures are periodically updated.
(c) No one person authors product literature, it
is a group effort. John Urbancic is cur
rently responsible for the distribution.
(d) BFGoodrich Chemical Group Headquarters.
(e) BFGoodrich Chemical Group Headquarters.
QUESTION 32. Please indicate examples of your early
awareness of the health hazards in the use of VCM containing
materials, by stating:
(a) When the findings were made available.
(b) By whom these data were developed. (c) Was the information oral or written. (d) The precise nature of the findings. (e) If the findings were written, please attach
copies to them.
ANSWER 32.
See answer to Interrogatory No. 8. See
also the answers to Interrogatory Nos. 18 and 19, concerning
the residual VCM monomer in PVC products.
QUESTION 33. Please indicate examples of your early
warnings of the possible health hazards in the use of your "PVC
products" to your customer, by stating:
(a) When the warnings were made. (b) Were the warnings oral or written. (c) The precise nature of the warnings. (d) If the warnings were written, please attach
copies of them.
ANSWER 33.
See answer to Interrogatory Nos. 8, 9,
and 32.
2020y01B
QUESTION 34. Does the customer mix other ingredients with the purchased "PVC products" to make processing effective? If such mixing is done, please state:
(a) What ingredients are mixed with each of the "PVC products".
BFG02398
(b) What the proportions of the various ingredi ents in each of the mixtures are.
(c) What the purpose of the ingredients are.
ANSWER 34.
See answer to Interrogatory No. 6(e).
i . , M OFFICES
BARBIER. GOULET, PETERSMARCK, TOLLESON & MEAD. P. C.
3-1820 HARPER AVENUE MT. CLEMENS. MICHIGAN -18043 1313)792-4000
QUESTION 35. Please indicate examples of your early
warnings to the customer of the possible release of VCM when
heating the "PVC products" or the mixtures including the "PVC
products", during the processing in the customer's factory, by
stating:
(a) When the warnings were made. (b) Were the warnings oral or written. (c) The precise nature of the warnings. (d) If the warnings were written, please attach
copies of them.
ANSWER 35.
See answer to Interrogatory No. 33.
QUESTION 36. Please indicate examples of your early
warnings to the customer of the possible release of deleterious
materials other than VCM when heating the "PVC products", or
the mixture including the "PVC products", during the processing
in the customer's factory, by stating:
(a) When the warnings were made. (b) Were the warnings oral or written. (c) The precise nature of the warnings. (d) If the warnings were written, please attach
copies of them.
ANSWER 36.
See answer to Interrogatory No. 33.
20209017
QUESTION 37. Does your company recognize that "PVC
products" are associated with liver cancer, brain cancer,
breast cancer, hematolymphopoietic system cancer?
(a) If your answer is "Yes", when did you come to the realization and what action, if any, did you take in response to it?
(b) If your answer is "No", explain the basis for this answer and/or why.no studies were made by your company to learn this fact and
BFG02399
L A W OFFICES BARBIER. GOULET, PETERSMARCK. TOLLESON & MEAD. P. C.
34820 HARPER AVENUE MT CLEMENS. MICHIGAN 48043 (3131792-4000
to thereafter advise those exposed of the danger?
ANSWER 37.
No.
(a) Not applicable.
(b) No epidemiological studies of workers
involved in PVC product processing have
shown abnormal incidences of liver cancer,
brain cancer, breast cancer, hemato-
lymphopoietic system cancer among such
workers.
QUESTION 38. Does your company recognize that the
physical and chemical properties of VCM persist unimpaired
after being inhaled into the human body and do not eventually
dissipate?
ANSWER 38.
No.
QUESTION 39. State whether you had knowledge of any
illness or death cases of liver cancer, brain cancer, breast
cancer, hematolymphopoietic system cancer among your employees
which are or may be attributable to the inhalation of VCM?
(a) If so, please give the number, the name and address of such persons, together with the dates of treatment and the names and addresses of the doctors who administered treatment to such persons and reports of occupational disease furnished Industrial Commission of the states and attach copies of the latter.
ANSWER 39.
Yes.
(a) Medical details are on file at BFGoodrich
Chemical Group Headquarters and the Medical
Department at the production locations
involved, and will be produced in accordance
with a satisfactory protective agreement.
QUESTION 40. Do you have any statistical data show ing the number of your employees who have been exposed to VCM for more than ten years who have contracted or died of liver cancer, brain cancer, breast cancer, hematolymphopoietic system cancer? If so, identify the data and provide the figures.
20209018
I
18
BpG02400
ANSWER 40.
No.
OFFICES
BARBIER. GOULET, PETERSMARCK, TOLIESON & MEAD. P. C. 3*1820 HARPER AVENUE MT. CLEMENS, MICHIGAN *10043 13131792-4000
QUESTION 41. Have any worker's compensation claims
based on VCM exposure been filed against you? If so, state:
(a) When and where the claims were filed. (b) The number of claims filed. (c) The outcome of the claims.
ANSWER 41.
Yes.
(a) Claims filed during 1974 through 1983 at
BFGoodrich facilities in Louisville,
Kentucky and Avon Lake, Ohio.
(b) Thirty-five claims have been filed.
(c) BFGoodrich is paying, or has paid. Workers'
Compensation benefits for 26 claims while 9
remain in abeyance.
QUESTION 42. When did ,you learn for the first time
of a diagnosed case of liver cancer, angiosarcoma, brain
cancer, breast career, hematolymphopoietic system cancer?
(a) Within your own employees? (b) Involving Users of "PVC products"? (c) Involving users of "PVC products" manufac
tured, sold or distributed by you. (d) Involving families of workers using your
product. (e) Involving residents of dwellings adjacent to
or near plants using your "PVC products".
ANSWER 42. (a) December, 1973. (b)-(d) BFGoodrich is not aware of any proven cases of liver cancer, angiosarcoma, brain cancer, breast cancer,hematolymphopoietic system cancer diagnosed as connected to or caused by "PVC products".
QUESTION 43. Have you ever been named as a Defendant
in any other action in which damages were sought for personal
injuries, sickness or death, as a result of use of your "PVC
product"? If so, state:
(a) What products were involved. (b) The name of the court, the docket number and
each party to the lawsuit. (c) The date the action was filed. (d) The judgment that was rendered in the
action.
20209019
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BFG02401
(e) The date set for trial of any action not yet concluded.
(f) State the terms by which any settlement was arrived at and disposition of any such aforementioned legal action.
ANSWER 43.
Yes. See Attachment C as a listing of
lawsuits which allege injuries as a result of exposure to PVC.
L A W OFFICES 8AR8IER, GOULET, PETERSMARCK. TOLLESON & MEAD. P. C, 34820 HARPER AVENUE MT. CLFMENS, MICHIGAN 48043 (3131792-4000
QUESTION 44. Have you ever conducted any inspection
or made any air analysis at the Ford Motor Company or at other
facilities where workers used "PVC products" manufactured by
your company?
(a) If you have not, explain why this was not
done. (b) If you have, explain what action, if any,
was taken by your company following the inspection or the taking of test results at any of the locations referred to above. Also, please give the dates and places if any, that your company first started making such tests, and set forth in detail the dates and places this has been done since the results.
ANSWER 44.
Yes.
(a) Not applicable.
(b) BFGoodrich has not conducted any air analy
sis or inspected the Ford installation where
ths incident is alleged to have occurred.
See also answer to Interrogatory No. 9.
During 1974, BFGoodrich did test or inspect some facilities where PVC products were used, and documentation is available at BFGoodrich Corporate Headquarters, Akron, Ohio.
QUESTION 45. When and where did you first begin
monitoring VCM levels in your own plant and manufacturing
facilities?
ANSWER 45.
Spot monitoring was done
and routine monitoring thereafter, throughout
production facilities.
before 1974,
BFGoodrich's
Cl ft
c
X
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&FG02402
QUESTION 46. Was the monitoring of VCM required by
any Government regulation or rule of any government, agency or
insurance company? If so, state the substance of the rule, the
source imposing it and the date it was first imposed.
ANSWER 46.
Yes. See 39 Fed. Reg. 1234 2 (1974) and
29 C.F.R. Sec 1910.1017, 39 Fed. Reg. 35896 (1974).
L A W OFFICES BARBIER, GOULET. PtTERSMARCK, TOLLESON & MEAD. P. C. 34820 HARPER AVENUE * MT CLEMENS, MICHIGAN 48043 <3 13) 792-4000
12060202
QUESTION 47 . What technique, if any, do you use to
take air samples, explain the technique, when it was commenced,
what the purpose was and what action has been taken in response
to the findings as to the air samples.
ANSWER 47.
Test procedures have been conducted in
accordance with OSHA 1910.1017 since approximately 1974. The
purpose is to monitor the air and environment of our manufac
turing facilities. There has been a continual effort to reduce
VCM in all of our facilities.
QUESTION 48. State whether from 1965 to date you
have promulgated any rules, written or oral, for the handling
of VCM and/or FVC products by your own employees? If so,
state:
(a) When such rules were promulgated. (b) The substance of the rules, if oral, and the
name, and title of the person who dissemi
nated them. (c) If in writing, either attach a copy of the
rules or identify the written rules by date,
title, identification number, present loca tion and the name and address of the custo
dian thereof. (d) Whether any such material was provided to
Ford Motor Company or any other users and, if so, when and to whom.
ANSWER 48.
Yes.
(a) Over the years, the Company has continuously
promulgated numerous rules, both oral and
written, concerning the safety and health of
21
BFG02403
L^vVOFFICFS BARBIER. GOULET. PETERSMARCK. TOLLESON & MEAD, P. C.
34820 HARPLR AVtNUF. MT Cl FMFNS. MICHIGAN 48043 1313)792-4000
its employees. These rules have been prom
ulgated by countless operational, safety, medical, hygiene and other managerial per sonnel and have covered the handling of VCM and/or other PVC products. Much of this material has become obsolete and is irre trievable. Other materials are available at BFGoodrich Chemical Group Headquarters and
the various production facilities. These rules do not apply to employees of the Ford Motor Company or other processors, and therefore, were not furnished to them. (b) BFGoodrich has adopted for its employees numerous rules for the handling of VCM
and/or PVC products. Since 1974, BFGoodrich has complied with the requirements of OSHA
1910.1017. (c) See (a) above. (d) See answer to Interrogatory No. 9.
QUESTION 49. Since 1965, state the names and
addresses of any organizations to which you have belonged
having anything to do with setting of standards, regulations,
informatics, lobbying, research, engineering, or use of "PVC
products".
ANSWER 49.
Society of Plastics Industry; Chemical
Manufacturers Association; Plastic Pipe and Fitting Associa
tion? Chemical Institute for Industrial Toxicology; American
Society of Testing and Materials; American Industrial Health
Council; Plastic and Pipe Institute; and Vinyl Institute.
QUESTION 50. Have you, at any time since 1965, main
tained any office or department dealing with medical research?
If so, state:
(a) The name of such department. (b) The location of such department. (c) The name, address and title of each person
who has been in charge of the department.
ANSWER 50.
BFGoodrich does not have an office or a
department dealing with medical research, but has supported
medical research through membership in various research organi
zations .
22 BpG02404
L A W OFFICES 8ARBIER. GOULET, PETERSMARCK. TOLLESON & MEAD. P. C.
34820 HARPER AVENUE MT CLEMENS. MICHIGAN 48043 (313)792-4000
QUESTION 51. When was the first time you hired a
"medical director"? Please state:
(a) The reason for hiring such a medical direc tor.
(b) The location where the medical director was assigned.
(c) The duties of the medical director. (d) The names and addresses of the persons
hiring such medical director and of the medical director.
ANSWER 51.
BFGoodrich first hired and assigned to
its Akron headquarters a Medical Director in the 1920's to
establish and implement medical policies for the examination,
health and care of employees. No more detailed information
concerning this topic is available.
QUESTION 52. When was the first time you hired an
"industrial hygienist"? Please state:
(a) The reason for hiring such a hygienist. (b) The location where the hygienist was
ass igned. (c) The duties of the hygienist. (d) The names and addresses of the persons hir
ing such hygienist and of the hygienist.
ANSWER 52.
BFGoodrich first hired an Industrial
Hygienist in the mid-1940's. The Industrial Hygienist was
hired and assigned to BFGoodrich's Akron headquarters by Rex
Wilson, M. D. to establish a department of industrial hygiene.
QUESTION 53. Had you done anything prior to 1974 to
notify users of your products of the dangers of VCM? If so,
explain in detail what you did and give the dates.
ANSWER 53.
See answers to Interrogatory Nos. 8,
18, 19, 33, 35 and 36. See also answer to Interrogatory No. 9.
23 col BFG02405 I
QUESTION 54. Have you contributed any funds to
research concerning VCM and its relation to bodily health? If
so, please state for each year the amount of money contributed,
when and to whom, attaching any report or reports from each
individual or organization to who your funds were contributed.
ANSWER 54.
Yes. These studies began in 1973 and
have continued to date. The primary recipient of BFGoodrich
funding has been the University of Louisville. The average
annual amount spent on these studies is currently being
checked. This answer will be supplemented.
LA W OFFICES BARBIER. GOULET. PETERSMARCK. TOLLESON & MEAD. P. C.
34820 HARPER AVENUE MT CLEMENS. MICHIGAN 48043 (3131792-4000
QUESTION 55. If any of your employees or officers
have testified at trial or by deposition in any litigation or
before any Congressional Committee or administrative agency
concerning the possible health hazards involved in manufactur
ing when VCM and/or PVC were basic ingredients, state:
(a) The name, address and title of each person
who testified. (b) The date, location and form of such testi
mony.
ANSWER 55.
(a) M.N. Johnson, M.D., Director of Toxicology,
BFGoodrich, Akron, Ohio.
R.W. Strassberg, retired. Formerly Director
of Environmental Regulatory Affairs,
BFGoodrich, Akron, Ohio.
A. Vitoni, deceased.
W. C.
Becker,
Staff Vice President,
BFGoodrich, Chemical Group Headquarters.
W.C. Holbrook, Director of Environmental
Affairs,
BFGoodrich
Chemical
Group
Headquarters.
(b) The individuals identified all testified at
administration hearings in Washington, D.C.
conducted by OSHA.
C
QUESTION 56.
cState the names, home and business fC
addresses of all persons whom you expect to call as expert c5i
witnesses at the trial.
8
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BFG02406
ANSWER 56 .
Unknown at this time.
My attorney
advises me that expert witnesses will be listed pursuant to the
Court's pretrial order.
QUESTION 57. For all those persons named in answer
Number 56, states their occupations and it they specialize in
any particular field, set forth their specialization.
ANSWER 57.
See answer to Interrogatory No. 56.
L ^ .V OFFICES BARBIER, GOULET, PETERSMARCK. TOLLESON & MEAD, P. C. 3-1020 HARPER AVENUt MT CLl MENS, MICHIGAN -10043 13131792-4000
QUESTION 58. Set forth the qualifications of those
persons listed in answer Number 56. In doing so, list: the
schools each has attended, including years in attendance and
degrees received; experience in particular fields, including
names and addresses of employers with inclusive years of
employment; and a list of all publications authored by such
person, including the title of the work, the name of the peri
odical or book in which it was printed, and the date of its
printing. (If the persons listed in answer Number 56 print,
mimeograph or otherwise reproduce a list of qualifications, you
may attach a copy of same in lieu of answering this question.)
ANSWER 58.
See answer to Interrogatory No. 56.
QUESTION 59 . Set forth the facts to which each such
expert is expected to testify.
ANSWER 59.
See answer to Interrogatory No. 56.
QUESTION 60. Set forth the opinion to which each
such expert is expected to testify.
ANSWER 60.
See answer to Interrogatory No. 56.
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BFG02407
L A W OFFICES BARBIER, GOULET, PETERSMARCK, TOLLESON & MEAD, P. C. 34820 HARPER AVENUE MT CLEMENS, MICHIGAN 48043 (3 1 3 )7 9 2 -4 0 0 0
QUESTION 61. Set forth in detail the factual infor
mation supplied to each such expert which was used as a basis
for his opinion, including all objects examined, the type, the
place and date of examination, as well as a description of all
photographs or plans reviewed.
ANSWER 61.
See answer to Interrogatory No. 56.
QUESTION 62. Set forth a summary of the grounds for
each such opinion, including any text material upon which the
expert witness will rely. Identify all such texts, including
name, author, edition and page.
ANSWER 62.
See answer to Interrogatory No. 56.
QUESTION 63. As to all persons listed in answer to
interrogatory Number 56, state the full caption of all cases in
which that person has testified in the past five years. If the
full captions are unavailable, give the names of the cases and
state the names of each court in which they were tried, as well
as the approximate date of trial.
ANSWER 63.
See answer to Interrogatory No. 56.
/
Please state each person who provided the information in answer to interrogatories contained herein, indicating with specificity what person(s) was(were) responsible for each such
answer.
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N cn
BFG02408
L A W OFFICES BARBIER, GOULET, PETERSMARCK, TOLLESON & MEAD. P. C. 34820 HARPER AVENUE MT CLEMENS, MICHIGAN 48043 13131792-4000
The responses to these Interrogatories are the result of research by numerous BFGoodrich employees and our attorneys.
BFGoodrich Company
By: _____________________________
Harold J. Fast 500 South Main Street Akron, Ohio 44318 (216) 374-2252
STATE OF MICHIGAN )
) SS.
COUNTY OF
)
On this day of November, 1984, before me per sonally appeared Harold J. Fast, of BFGoodrich Company, who made oath that he has read the foregoing Answers to Interroga tories, by him subscribed, and that the same are true of his own knowledge, except as to those matters therein stated to be of information and belief, and as to those matters he believes
them to be true.
Notary Public,
County, OH
My Commission Expires:
20209027
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BFG02409