Document 5kgJgekdmvOJzdz2xGVOE83wz
FILE NAME PC
PC
PC
DATE
DOC PC
DOCUMENT DESCRIPTION L
D
IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY
STATE OF MARYLAND,
Plaintiff Plaintif Plaintiff Plaintif PlaintiffPlaintif Plaintif Plaintif
Ye
|
KEENE CORPORATION et al.y Defendants
,
43
Civil Action No. 1109600
33
s
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
IN RE
w
Asbestosis Cases
:
Shipworker
:
Insulator
ACE REPORTING INC
216 9th St / Barrister House / 6th Floor CINCINNATI OHIO 45202
TELEPHONE AREA CODE 513 241-3200
IN THE CIRCUIT COURT STATE OF SOUTH CAROLINA
COUNTY OF RICHLAND
3
4
UNIVERSITUNIVEYRSITY OF SOUTH 5 CAROLINA,
5
Plaintiff
ey
W.R. GRACE AND COMPANY
oF
et et al al .
S
Civil Action No. CP 40-3769 40-3769
E
Defendants.
10
]
12
CIRCUIT COURT
13
OF COOK COUNTY ILLINOIS
14
15 ys Lavin
Lavin
al
Lavin v Flintkote, et al
Pauly Flintkote 161166
v
Flintkote
et al
Pyne v Flintkote et al
Greaney Flintkote al Flintkote
Flintkote
et
al
i
v
et
17
17
Grant v Flintkote et al
Healy v Flintkote et al
18
20
1
^
SHULK
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|
22 23 24
ACE REPORTING INC
CINCINNATI OHIO
IN
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
N
EASTERN DIVISION
re
fl
CHARLES E. LYNCH and
5
ELIZABETH LYNCH
S
t
Plaintiffs
6
J
wep So
KEENE CORPORATION et al.v
Defendants
WY
et
No. 8071
IN THE DISTRICT COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
13 13
14
| 15
15
i
16
16
In Re
Asbestos Litigation
17 17
18
1919
20
20
21 21
fl
H
WALL
a
a
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.
Master File No. Misc 85-100
Limited y
to
,
C.A. No. 85-03 Morean
3 C.A. C.A. No. 84-541 Overkamp
43
C.A.C.A.
No. No.
85-61 85-62
BYown
( Grady
C.A O'Neal
7
C.A. C.A. No. 82-79 ( O'Neal
:
C.A. C.A. No. 84-251 Fogleman
C.A. C.A. No. 85-550 Williams JJB
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ACE REPORTING INC CINCINNATI CINCINNATI ONIO
IN IN THE SUPERIOR COURT OF THE STATE OF DELAWARE 2 3
In Re Asbestos Litigation
C.A. C.A. C.A. C.A. C.A. C.A. C.A.
C.A. C.A. C.A. C.A. C.A. C.A. C.A. C.A. C.A. C.A. C.A. C.A. C.A. C.A. C.A. C.A.
No. No. No. No. No. No. No.
No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No.
125 Lee 81C Blissick
81C MergenthaleMergrenthaler )
104 Pannell
82C MR George
82C Conway 82C Shewbrooks 82C Murphy N0-7N0 0-70 Muzzi 82C Mancari 82C Clark 82C Sheppard 82C Korecki 82C McCarty 105 DeHart 102 Logan 140 Stagg 108 Millard 83C Waseilewski 83C Hunter 119 Lloyd 84C Cale 84C Tull
C.A. C.A. C.A. C.A. C.A. C.A. C.A. C.A. C.A. C.A.
No. No. No. No. No.
84C 72 Huber 83C McDaniel)
84C Davis 145 Bradley
84C
C.A. C.A. No. 84C
C.A. C.A.
C.A. C.A. C.A. C.A.
No. No.
84C SE34
JA
85C 85C 85C - JA - 42 42
C.A. C.A.
C.A.
C.A. C.A. C.A.
C.A.
No. No.
85C52
85C
C.A. C.A. C.A. C.A.
C.A.
C.AC.A..
No. No. No.
121 121
85C Farrall 85C Bell
C.A.
C.AC.A..
No. No.
85C 85C
Lipscomb)
Oliphant
C.AC.A.. No. 115 Woodler
C.A. No. 85C Bjorson |
C.A. No. 85C
C.A. No. 85C McGuObierrlee | C.A. No. 85C Summers :
C.A. No. 85C Hanson
C.A. No. 85C Graham
C.A. No. 135 Jensen
)
C.A. C.A. C.A. C.A. C.A.
No. No. No. No. No.
120 Hessler
85C (
145 (
(
85C
86C (
Deposition of ROBERT J. RITTERHOFF M.D.
a wie-
ness herein taken by the plaintiffs as upon direct examination
pursuant to all applicable rules of civil procedureprocedure and and and pursuant
ACE REPORTING INC
CINCINNATI
OHIO
Deposition Avenue Cincinnati Ohio at 9:00 a.m. On January 30 1986 before Betty J. Schwab a notary
public within and for the State of Ohio
Co
21
24
ACE REPORTING REPORTING
CINCINNATI OHIO OHIO
the the Plaintiff State
Evelyn O.
Assistant Assistant Assistant Office of
Cannon,
Attorney
the Attorney
Calvert and and
5
Baltimore
J. Brickman Brickman Esq
Blatt & Fales Fales Suite 100 100
East Bay Executive Center Charleston Charleston Charleston South Carolina
29402
29402
29402
29402
29402
On behalf of thethe Plaintiffs in the State of
in various jurisdictions
Lawrence Madeksho Esq Slenderbolic Bldg
8320 Gulf Freeway Suite Houston Texas 77087
218
On behalf of the various Plaintiffs Plaintiffs Plaintiffs
District Court Court Chicagoanad ndand
Cook County Chicago
in the
Federal
of
Court of
M. Johnson
Jackson Blvd.
Esq
Illinois 60604
On behalf
Cincin ati
the the Plaintiff Cincinnati Board of of
Education
20
Michael M. Hollingsworth Esq Esq
Blessing Blessing Hollingsworth &
Sunderland Sunderland SSunduerlnandderland
Suite 902 902
125 East Court Street
Cincinnati
Ohio
45202
22
ACE REPORTING ING |
CINCINNATI CINCINNATI OHIO
APPEARANCES CONTINUED:
2
OnOn behalf of the Defendants Defendants Celotex Corporation and
Carey Canada
James
James James
Bloom
J. Montgomery
& Greene
Esq
2000 Central Trust Center
Cincinnati Ohio 45202
On
1200 Gwynne Cincinnati
&
McCaslin
Building
Ohio
45202
On behalf of the
Keene Corporation
Defendants Willington
in South South Carolina
Group
and
James A. Atkins
Robert H. Hood &
Esq Associates
155 King Street
Charleston South Carolina
29402
On behalf of the Defendants W.R. Grace in South
Carolina and EmpireEmpire Ace Insulation Insulation Manufacturing Manufacturing Corporation
Ruth Ruth Ruth 1340 1340 1340 1340
Thiedke Pickens
Porter
Street
Esq
P.O. Box 7788
Columbia South Carolina
29202 29202
On behalf of the Defendant Fiberboard
Ted T. Martin Esq Paxton & Seasongood
1700 Central Trust Tower 1 West Fourth Street
Cincinnati Ohio 45202
23
ACE REPORTING REPORTING REPORTING CINCINNATI ONIO
APPEARANCES APPEARANCES CONTINUED CONTINUED )
On behalf of the Defendant GAF Corporation
John Baker Baker
Burtch Esq
Hostetler
Capitol Capitol CapitolCapitol Capitol
Capitol CapitolCapitol 65 East East
Square
State Street
Columbus Columbus Ohio
43215
of the Defendant U.S. School District case
Gypsum in
Esq
Warren & Rubenstein
Center
Columbus Ohio 43215
Enginering
On behalf of the Defendant Combustion Engineering EngineeringEngineering
Geoffrey Stern Esq Knepper White Arter & Hadden
180 East Broad Street Fourth Floor Columbus Ohio 43215
On behalf of the Defendant Raymark Industries
Roy E. Leonard
Green & Green
Esq
1324 Wayne Avenue Dayton Ohio 45410
of
On behalf of the Defendant Nicolet
Gary F. Franke Esq Lindhorst & Dreidame
1700 Central Trust Center Fifth and Main Streets
Cincinnati Ohio 45202-4116
On behalf of the the Defendant Astor Insulation
Jerome J. Haskell &
Duchowicz
Perrin
Esq
11 South LaSalle Street
Chicago Illinois 60603
REPORTING
CINCINNATI CINCINNATI
ONIO
M.D.
EXHIBITS EXHIBITS EXHIBITS
PLAINTIFFS RITTERHOFF RITTERHOFF RITTERHOFF EXHIBIT EXHIBIT
dated
, a letter letter letter dated dateddated November 1
1944
No. No.
, a letter dated November 10 1944
No. No. No. No.
a letter dated December 23 1941944 4
letter
, a letter dated December
1944
report dated November 20 1944194 1944
, a copy of The American Journal of
Pathology
IDENTIFIED IDENTIFIED IDENTIFIED IDENTIFED IDENTIIDENFTIFIIED ED
ACE ACE REPORTING INC
CINCINNATI CINCINNATI
, OHIO
ROBERT J. RITTERHOFF M.D.
2 of lawful age a witness herein being first duly sworn as
3
hereinafter certified was examined and deposed as follows
4
DIRECT EXAMINATIEXAO MINANTION
7
ih
Dr. Ritterhoff would you state your name and
| address
03 ;
ad
i
10
I
11
MR MONTGOMERY
Before we begin the
deposition can you get the representation
of people on the record so we know who is
doing what with whom or who we have here
12
Ok 13
13
MS CANNON Assistant Attorney General
for
for
the
State
Maryland
of Maryland
In 4
MR MONTGOMERY And you're appearing in
1g
which case
MS CANNON
State of Maryland vs. Keere
|
Corporation et al
It's in the Circuit Court
'
i
19 1
for Anne Arundel County Maryland
MR MONTGOMERY:
I just want names and
20
cases basically That's good enough to start
21
22 |
with
MR BRICKMAN
My name is Mike Brickman
23
I'm appearing here on behalf of the law firm of
24
Blatt & Fales We have plaintiffs in a number
of of jurisdictjions urisdictions in which this has been noticed
including but I'm not sure it's limited to the
South Carolina the United States District Court
for the Northern District of Illinois Eastern
Division and I'm not sure that's all but I
know it's at least in those cases and if there therethere there there there
On
others I'll be sure that the court reporter
gets those others
MR MONTGOMERY
Can you get us the names
of those cases the ones that you know of for
now that have been noticed
MR BRICKMAN
In the District Court For the
District of South Carolina this deposition has
been noticed for all the asbestosis cases
They
have a caption there of In Re Asbestosis Cases
and also it has been noticed in the State Court
South South South South South
Carolina Carolina Carolina Carolina Carolina Carolina Carolina Carolina
in
in in
in
The
University of
South
Carolina case case case vs. W.R. Grace et al and in
the Northern District of Illinois it hashas been bbeeneen
specifically
noticed
in
the
case
of
Charles Charles Charles
E.
E.
Lynch and Elizabeth Lynch vs. Keene Corporation
MR MONTGOMERY
Thank you
ACE REPORTING INC
CINCINNATI CINCINNATI Onto
MR MADEKSHO My name is Larry Madeksho
I'm I'm here here here here on on behalf behalf behalf behalf behalf behalf of of the the
plaintifs plaintif s plaintiffs plaintiffs plaintiffs plaintif s plaintifs plaintifs
plaintiffs
plaintiffs
inin in regardregard regard regard regard regard
MR MONTGOMERY
Has there been a notice
MR MADEKSHO
No.
I just became aware of
the deposition I think Monday
MR MONTGOMERY So there is no pending
notice
of
deposition
deposition
in
this
case
MR MADEKSHO
That is correct
MR BRICKMAN
Before we go on I also have
with me notices of depositions of Dr. Ritterhoff
in the Superior Court of the State of Delaware
in and for New Castle County In Re Asbestos
Litigation and in the District Court of the
State of Delaware In Re Asbestos Litigation
MR MONTGOMERY Would it be possible for
counsel for the plaintiffs to give the court
reporter copies of all of the notices in which
this deposition is proceeding
MR BRICKMAN
That will be fine
I'm not
Sure these are all the cases in which it has been
noticed
We will give her those to make a part part
of the recorrecod rd if you like and we will provide
ACE REPORTING INC CINCINNATI CINCINNATI CINCINNATI OHIO OHIO
with
her with copies of any other notices that were
sent out
MR MONTGOMERY
My name is James J.
Montgomery from the firm of Bloom & Greene In
Cincinati
Cincinnati
Ohio
I'm here in property damage
cases in which there is a legitimate notice
issued for the Celotex Corporation and Carey Canada with the exception of the Selah School
District case
in
Washington
which
I'm
only
here
here
here here
here
Phillip Carey In the personal
injury cases in which there has been a legitimate legitimate
notice issued I'm here on behalf of the
Wellington Group of defendants except insofar
as there are other counsel here that are
specifically appearing for the Wellington Group Group in specifically noticed personal injury cases cases
would also like to specifically
this deposition in any casecase case case casecase
in in which which which which there there there there there is is
not not a valid valid valid valid valid
notice notice
notice notice notice notice
that that that that
has has hhas as
20 20
Carey is involved in the property damage aspects or the members of the Wellington Group are involved in a personal injury aspect
ACE ACE REPORTING
CINCINNATE CINCINNATE
OHIO
Does that cover it
MR DEMICHELIS
I think so
On behalf behalf of
the Corning Fiberglas I would speak to the same objections which Mr. Montgomery has
made
Could you identify
MR DEMICHELIS:
My name is Clement J.
DeMichelis
MS CANNON :
Michaels
MR DEMICHELIS :
DeMichelis
I join
Montgomery in objecting to use of this
in any proceeding in which it has not
and timely noticed
MR ATKINS
I'm Jim Atkins with
Hood & Associates in Charleston and I
behalf of
the Wellington Group as well as the property damage cases properly noticed for Keene
tion
MS PORTER
My name is Ruth Porter
I'm
here on behalf of W.R. Grace in South Carolina
and Empire Ace We would adopt Mr. Montgomery's
ACE REPORTING
INC
objection in its entirety
MR MARTIN
Ted Martin Martin with Paxton &
Seasongood in Cincinnati here on behalf of
Fiberboard Fiberboard Fiberboard in the property damagdaemage cases cases cacsaesess , and
I join in Mr. Montgomery'sMontgomery's objections.
MR BURTCH
My name is John H. Burtch
I represent GAF Corporation and
would join join
in Mr. Montgomery's
MR FRYE FRYE
Richard Frye Frye
Columbus
~e
= TIL
here in the Selah School District
United States Gypsum pursuant to notice and in the objection objection to the use of the depo-
sition in any other case in which it's it's not noticed
Geoff Stern reprrepreessenetinngting representing
Combustion Engineering in the Selah School
Same objection
MR LEONARD
Roy Leonard
Green
&
Green Green Green Green
We're representing Raymark Industries Industries in the
two cases that have been noticed United States
District Court for the District of South Carolina
South
South
Carolina Carolina
Carolina
Carolina Carolina ,
etc. vs. W.R. Grace Company and in the United States District Court Northern District District of
Illinois Eastern District Charles Lynch and
2
Elizabeth Lynch vs. Keene Corporation et al
3
MR HOLLHIOLNLGISNGWSOWRORTH HOLLINGSWORTH
I'm Michael HHolingsworth ollingHolingsworthsworth
4
representing the Cincinnati Board of Education
5
here observing
DIRECT EXAMINATION CONTINUED
Dr. Ritterhoff would you state your name and
Cincinnati
Robert John Ritterhoff 123 Hosea a,
is
Dr. Ritterhoff is that your home address ?
Not today
Are you retired right now
Partially
And you also do
19
A
I'm I'm working five
20
Where
that right right right right right ?
At Deaconess Hospital Straight Street Straight
Avenue
Avenue
Avenue Avenue
Cincinnati
to medical school
ACE REPORTING INC CINCINNATI CINCINNATI CINCINNATI OHIO
After you graduated did you do a residency residency
Au
I interned first
Q
Where
-
A
U.S. Marine Hospital Stapelton Stater Island
New New YorkYork York York , then then then then returned returnedreturned returned returned returned returned here hhereere to the department of pathology
Cr
University of Cincinnati I guess that was '37
138.
I don't
remember which And there I remained until 1973
o oO
oh& a
Meaning that you remained in the department of
Cincin ati
pathology at the University of Cincinnati until 19737
X
Yes in various capacities capacities capacities
0
Did Did you do your internship in pathology
Au
No. I did that L it was a general internship
Q
Doctor are you licensed to practice in Ohio
A
Right
Q
In any other state
A
I had reciprocity with Kentucky but whether that
is valid today I don't know
0
Doctor are you Board certified
Q
Doctor you said that beginning in approximately
1937 you have been associated with the University of Cincinnati
22 22
in various capacities
23
23
A
All right
I was sent from the department of
pathology to the Hamilton County Tuberculosis Hospital on a part-
ACE REPORTING INC CINCINNATI OHIO
time basis I guess in '38 and I was to continue my affiliation
with the department of pathology That continued until '47
In
'47
'47 I became childish as I learned that the electrician at the
hospital was making more than I was and quit Dunham went to
4
St. ElizEabethlizabeth Elizabeth Hospital Hospital HospitalHospital Hospital Hospital Hospital Covington Kentucky full time continued
5
on a part basis in the department of pathology
Os
After 23 years at St. Elizabeth I was was fired fired fired fired fired
and and and andand
then I returned I guess in '70 on a temporary appointment to the department of pathology while they were looking for a new
departmental head remained there until '73 In '73 the new
departmental head decided he didn't need my services I then
went
to
the
Hamilton
County Coroner's
Office
an andd
remainerdemained remained remained remained remainedremained
there there
thertehere thertehere there there
until '79 being retired A month later I began work at
Deaconess Hospital part time
Q
Doctor I would like to back up and ask you a
couple of questions You said that when you began at the
Hamilton County Tuberculosis Hospital that you continued on a
time basis
in the department of pathology at the University
of Cincinnati
Au
..
Cincinnati
Right . And what were you doing at the University of
A
Teaching
0
What were you teaching
ACE REPORTING INC CINCINNATI ONIO
Were you full time at Hamilton
Hospital HospiitatlalHoHspoistaplitaHolspital Hospital ?
Aa
Eventually I became full time
standing that was to continue continue at the medical
On
remember approximately approximatelyapproximately
Tuberculosis
the under-
HospitalHospital Hospital
Hospital
Hospital
Hospital
Hospital
Hospital Hospital
And what were your duties
ran the laboratory
Were Were
you you the
Originally it was Dr. Dunham
by Dr. Skavlem John
WhatWhat What What year year year year was was it that Dr. Skavlem
immediate
immediate
supervisor
supervisor ?
followed
Do you know what his title was
was your
immediate supervisor
Well he would have been the
The medical director director of the Hamilton County Tuberculosis
24
was appointed by the University University University of Cincinnati
ACE REPORTING INC CINCINNATI CINCINNATI CINCINNATI OHIO
Q When you ran the laboratory at the Hamilton County ch Tuberculosis Hospital did you also supervise students from the
4
de
They came out there yes hum
11
And worked in your laboratory
6
A.
NO
They came out for demonstrations and lectures
Q
Lectures by you
A
By the various members of the staff
Q
Exactly what were your duties in running
A.
Well one would have been the autopsy service
They were running around 100 autopsies a year Usually I had
12
13
the help of a resident on that And then the other problems
14
were teaching medical students and then supervising the depart-
15
ments of chemistry and microbiology hematology
P
You were supervising those departments at the
17
A
Yes
a
You said that part of your duties included con-
ducting about 100 autopsies a year
A
Right
Q
How did you determine which bodies you were going
to autopsy
A
That was determined for me by the doctor who
ACE ACE ACE
i
REPORTING INC
|
CINCINNATI CINCINNATI CINCINNATI OHIO
requested the autopsy
Q
WereWere Were
there
any
ILL what doctors
requested
the
autopsies for you Would this have been across the whole city
Cincinnati
of
Cincinati Cincinnati Cincinnati CincinnatCiincinnati Cincinnati Cincinnati Cincin ati Cincinati ?
A
No
just
the
patients
at
Dunham
Hospital
or
the
the
the
Hamilton County Tuberculosis HospiHosptital al
6
0
Doctor Dunham Hospital is a different hospital
from the Hamilton County Tuberculosis Hospital
fl
No
The name was changed to Dunham
I don
remember the year
Q
Did you aautopsy utopsy all patients who died in the
Dunham Hospital
12
13 No You autopsied only those patients on whom
you had a permit
14
a
When you left Dunham Hospital in 1947 to go to
St. St.
Elizabeth Elizabeth Elizabeth Elizabeth Elizabeth Elizabeth Elizabeth Elizabeth Elizabeth Hospital Hospital Hospital Hospital Hospital Hospital Hospital Hospital
fl
16
17
A
~. what was your title at St. Elizabeth
A
Director of the laboratory
Q.
Is St. Elizabeth Hospital still around
A.
Yes
(
When you went there in 1947 was it a specialized specialized
A
It was a general hospital
ACE REPORTING INC CINCINNATI OHIO OHIO
Did it remain a 19707
a)
Hospital Hospital
the the goddamn
Yes
when you left
And what were
at at St. St. St. Elizabeth Elizabeth Elizabeth Elizabeth Elizabeth Elizabeth Elizabeth Elizabeth Elizabeth
The same as I gave you for Dunham Hospital Fun
year 1414
Autopsies Approximately how many autopsies did you dodo a
Elizabeth BY ''555 5 I think we were up to around
had resident help and then it declined
autopsies has been
19
19
you became full time
ment of pathology
University of Cincinnati
right right right right right ?
Yes on a temporary appointment
ACE REPORTING INC INC
CINCINNATI
OHIO
QQ
Q
Before we get to that from 1947 to 1970 while
you were full time at St. Elizabeth Hospital you continued in
3
your parttime capacity at the University of Cincinnati
4
Q
And that would have been teaching
6
A
Teaching
A
No.
2
What was your position
AU
Associate professor
Q
And did you have any dutiesduties other than teaching teachingteaching teachintegachingteaching ?
A
No.
a
What was your title from beginning when you
in
joined the Hamilton County Coroner's office in 737
,,,
Then I became known as a deputy coroner
fy,
Who was the coroner in 19737
A
Dr. Frank Cleveland
18
0
Did you remain deputy coroner until you retired
Q
Do you have a title right now in your time
position at Deaconess Hospital
A
No.No.
Q
You
began began
there
in
1979
in
your
your
time
ACE REPORTING INC CINCINNATI OHIO
A
Right
@
And what are your duties therethere there there there
or or what were your
dutiedutsidesuties duties
there
there when when when
you began part time
description description
A.
My duties there are primarily to do with the
description
of material removed from patients at surgery
(onl
out of the specimen to start the processing of microslidemicrosslides microslidemsicroslides microslides
io
Doctor you know we can take a break at any time
when you want to
Just let me know
A
have yes
Yes but I don't have a list of them with me
H
o
Approximately how many
A
Oh maybe 15
Q
Are you currently a member of any professional
organizations
organizations organizations organizations organizations organizations organizations organizations organizations organizations organizations organizations organizations organizations ?
A
I'm a retired member of the Academy of Medicine of|
Cincinnati the State of Ohio the AMA the American Society of
and Bacteriologists and a retired member of the Academy of
Forensic
Scientists
O
Were you an active member of each of those
organizations before you retired
REPORTING ING CINCINNATI CINCINNATI CINCINNATI CINCINNATI OHIO
any other organizations that you were
3
that you are not presently a retired member
what 5
Q
Well any other organizations
A
You mean professional
iy
Yes professional organizations other
you you you have already named
A
The only other one is the honorary medical Alpha
Omega Alpha.
th.
Doctor Doctor are you familiar with asbestosis
Au
I became became familiar with asbestosis
with
this
tthihs is
case case
case
of Mr. Scobie in 1944. 1944. Prior to this time my knowledge was
With studying the
to resort resort to tthhee literature
Q
Doctor Doctor before we gegett to Mr. Scobie I
you
When
first time that you heard of
A.
Oh, hell I don't know That
medical school
It could have been after medical school
ask ask ask
ask
ask
don't know
Q.
Was it well before 1944 when you said
had Mr. Scobie's case case
A
would would say that I was dimly aware of it
hadn
ACE REPORTING
CINCINNATI
ORIO ORIO
seen seen seen seen it it
oh
that right
A
10
Q
Ch A
A before <
You had read about it though before then is
MR FRYE Objection Not particularly
Doctor --
You didn't let me Finish
Sorry My question was Had you heard about it
R
Mr. Scobie
And I'm telling you that my knowledge came with
if
I'm going to ask you about Mr. Scobie Doctor
MR MONTGOMERY
I'm sorry
This witness
has an absolute right to finish any answer he
thinks
MS CANNON
I think he is finished
Thank
you
MR MONTGOMERY
Doctor if you want to
Finish you have that right right right right right .
A
No I'm not finished
P
Doctor okay
A
Just a minute
oO
Excuse me
Wait
I don't think there's a
question pending My question was whether or not you had had
ACE REPORTING INC CINCINNATI OHIO
any knowledge beforbeforee 1944 1944 11944944
and and
and
and
II
believe believe
believe
believe
your
your
answer
answer answer answer
answer
was
was
was
ththat at that
that that
|
your knowledge before 1944 was fragmentary and at that point
in time you were fixing to tell me about Mr. Scobie
I have
not asked you about Mr. Scobie
MR MONTGOMERY
I'm sorry Counselor
he
The witness has indicated that he is not
finished with his answer which you interrupted
, and I believe we owe him the
courtesy of allowing him to finish any answer
that
hehe
feels feels feels
he
hahsahsas
incompletely
answered
MR DEMICHELIS
CounselorCounselor ,
thisthis this this
is
is is
your your your
witness
I don't think you have the right to
cross cross cross cross
examine examine
examine ee exaxmianmeixne amine
this
witness
or
direct
direct
the
wit-
ness ness ness ness .
MS CANNON I'm not examining the
MR DEMICHELIS
You're sure making a pretty
18
good effort at it right now
MS CANNON There is no question pending
MR BRICKMAN
Let's Let's Let's Let's go off the record
MR DEMICHELIS
If you want to give an anan
explanation to the doctor let's do it on the the the
MR BRICKMAN
Let me explain to you there
are certain procedures that go on in court
where you have to ask a certain question and
it has has
to
bebe
answered
answered
in a certain way
and
you have to lay a predicate or a foundation
Sometimes it's very technical but if you
5
answer giving additional information other
than what was asked some of the attorneys
may move to strike that testimony and we
would have to reask it
That is why she needs
just to get sometimes an answer to the
question and she'll follow it up Or if you
want to explain explain it
further further
furtherfurther
you
of
course
have that right but sometimes she needs just just
the yes or no and then the explanation with it
just for procedural point
MR : DEMICHELIS
I'm wondering who appointed
you judge
THE WITNESS
Would you read
back
the
question
question
question
quesqut estion qi uesto ionn
18
MR BRICKMAN
Did you have an objectionobjectiooonbbjjeectcitoinoobjnectioobjnection objection ?
19 19
MR DEMICHELIS
I object to your instruct-
ing this witness on anything sir He's a
being questioned on direct examination Plain-
22
tiffs counsel in this case had a fair amount of
23
time before this deposition started to confer
|
ACE REPORTING INC
CINCINNATI CINCINNATI
ONIO
the witness None of the defense counsel
did did
I hadn't hadn't hadn'thadn't hadn't seen seen seen seen him before I walked into
this this
room
if
Now if you haven't got him prepared
to give whatever testimony he's going to give
on direct we'll just have to go with what we
have got
MS CANNON We'll clarify one thing that
perhaps
Mr.
+ the
person
speaking
speaking
I don't
You say your name is Mr. Montgomery
MR DEMICHELIS
NO
My name is DeMichelis
That's a little more difficult
MS CANNON Mr. DeMichelis has not spoken
to the doctor before we began but there are
other defense counsel that have spoken to him
MR DEMICHELIS:
I'm not worried about them
MS CANNON
I want that on the the record record record record record record
we spoke with the doctor we left the room
Defense Defense
Defense
Defense
Defense
Defense
Defense Defense
counsel
conferred
and we did not come
back back back backback
in
in
until
until
we
were
told
that
that
that
the
the
defense
defense
defense
counsel had finished their conferring with the
THE WITNESS
Well let's get on with the
22 22
23 23
damn
damn damn
24 MR MONTGOMERY Doctor I think you have
ACE REPORTING REPORTING INC |
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the right to finish an explanation if you feel
2
MS CANNON There is no pending question
MR DEMICHELIS Doctor you don't have to
do anything unless the judge tells you
MR MONTGOMERY
He has has the right and
Counsel I think you're being unfair in trying
to suggest to him he doesn't have the right
MS CANNON Mr. Montgomery U
MR MONTGOMERY Please can I finish
If he is not comfortable with an answer that
he has given and feels that it requires additional explanation this witness has that
absolute right in every jurisdiction in this
country and I don't think your suggestion to to
15
him to the contrary is anything other than
unfair
MS CANNON Okay Mr. Montgomye ou'lr l yy ou'll
have an an opportunity to ask him questions Let's
go ahead and go on to the next area
DIRECT EXAMINATION CONTINUED
22 22
Q
Doctor before 1944 had you heard of asbestos
23 23
in connection with cancer
A
----, am not sure that I had heard of that
ACE REPORTING INC INC CINCINNATI CINCINNATI CINCINNATI
MRMR MR . DEMICHELIS DEMICHELIS for forfor the record here
I want to make a point
MR BRICKMAN Is this an objection
f
MR DEMICHELIS It's not an objection
because I don't know what the situation is in
all these cases
I want to make the point that
if this last question suggests that this witness
8
8
might be being called by plaintiffs as
witness and that the plaintiffs intend to use
this deposition on trial to give expert testi-
mony to the extent that in any of these cases
this witness has not been previously noticed or
identified as an expert witness I'm going to make an objection to any testimony in that area
MR MADEKSHO
I think those objections are are are
MR DEMICHELIS
I'm not aware
That
happened today this morning sir
MR MADEKSHO
That is correct
MR DEMICHELIS
I havenhaven't't seen that objec-
23 23
making is not with respect to notices that we
24 24
ACE REPORTING CINCINNATI CINCINNATI OHIO OHIO
utilization of this witness witness as an expert witness witnesswitnes
ae
to the extent that
not with respect to whether whether
we received received notice of the taking of of his deposi
tion tion , but with respect to whether he had previously
been identified identified as an expert witness and defend-
opportunity opportunity to discover discover discover his testi-
mony by way of an earlier deposition deposition before
meeting to get his testimony at a testimoniatestimlonial
deposition to
read in court
I hope that is
clear gentlemen gentlemen gentlemen gentlemen
BY MS CANNON
DIRECT EXAMINATION CONTINUED
Ch
a Herbert C.
Dr. Ritterhoff Ritterhoff Ritterhoff did you perform an autopsy on
16
Q
17 |
autopsy
autopsy
This was in about 1944 that you performed
18
A
Yes
|
19
Do you remember who the referring physician was
20
Au
Dr. John Skavlemt
21
0
And this would have been while you
were at
22
Hamilton Tuberculosis Hospital
|
23
A
Right
24
Did Dr. Skavlem give you any information when he
ACE REPORTING INC CINCINNATI ONIO
referred referred refer ed referred referred referred referred referred
, --
to you
his
it was hishis his f f as as I
case of
asbestosis
asbestosis asbestosis asbestosis asbestosis asbestosisasbestosis
died he
and that he had had had dieddied dieddied
interested in seeing the findings
Q
After you conducted the autopsy did you send
~ some of your findings to Dr. Gardner
I didid d
And referring to Dr. Leroy Gardner
come to
H
fay
had had had corespondence corespondence corespondence corespondence corespondence corespondence corespondence correspondence correspondencecor espondencecorespondence corespondence corespondence corespondence
with
Gardner in regard to a case of acute silicosis
had
of
in an employee of
Gamble and I knew that Dr. Gardner
Bridge
in the Gaulley Bridge tunnel
workers And so on the basis of that knowledge I sent slides
of the case to
you referring referring
AL
To the acute silicosis case
Yes
Okay Now and then in 1944 with Mr. Scobie some information to Dr. Gardner is that right
Right
MR MONTGOMERYs
I object to leading
ACE REPORTING CINCINNATI CINCINNATI CINCINNATI ONIO
the witness. $
2
a
Did you have any contact with Dr. Gardner in
the time that you sent him the information on the
case and the information on Mr. Scobie
5
A.
There was a personal contact and Dr. Gardner
Cr
Dunham Hospital or the Hamilton County TubercuTulberculosis oTuberculosissTuberculosisiTubersculosis
and I think Dr. Dunham who was then the medical
8
director brought Gardner to town and he spent the afternoon
8
lung disease and it may be at that time -- I have forgotten ~~ that I had told him that I was unfamiliar with with the
asbestos body
and
he
subsequently subsequently
subsequently
sent me
a
couple
slides
show-
ing me
with
th
Dr. Ritterhoff when you said you were unfamiliar
asbaessbetsotsos asbestosasbestos asbestos body that means you hadn't seen it on slides
Au
I hadn't seen it it no
MS CANNON
Could we have this marked
Exhibit No. ?
Plaintiffs Ritterhoff Exhibit No. 1 a letter dated November 1 1944
was marked for identifica-
tion
MR MONTGOMERY
Excuse me
Could you
this
give us just a second to look at this
AGE REPORTING INC CINCINNATI OHIO
cael
la
2
MR BRICKMAN
Have you all had an adequate
opportunity to examine it
MR MADERSHO
It would be a good idea to
exhibits
have the entire series of of exhibits exhibitsexhibits marked and
ask the doctor if he is familiar with them 0-
Plaintiffs
Exhibit No. , a leter H
dated November 10 1944 was marked for identification
MR MADEKSHO
Doctor we want to make
Y Cc Tfl E f E there's there's there's there's there's there's a series of four documents
that we want you to have the opportunity to
look at this morning instead of perhaps
passing
passing passing passing passing passing ppasasisngsing them on down the table to other
14
counsel
If they need some additional time
to review these other copies we will give them
all the time that they need if they so desire
MR MONTGOMERY
Pardon me Mr. Madeksho
Since you were not here
MS CANNON
Excuse me
for
just a
second
second
M SOFIY
Could we go off ofofff thethe record
record record discussion
23 MR MONTGOMERY I was in the process of
23
24
making an objection Mr. Madeksho I hope I
ACE REPORTING INC CINCINNATI ONIO
have your name right
WR MADEKSHO Madeksho pronunciation
MRMR MR MR . MONTGOMERY MONTGOMERY
Please don't take this
personally but you have indicated that you
are not here in any case in which there is a S
notice pending so I don't think it's proper
for you to make any objections or speak on the record since there is no case you are noticed
00
MR MADERSHO
I'm here representing otherother other other
plaintiffs in the cases in Texas and the Eastern
District and the Southern District of TexasTexas
and we can make objections on the record as we
MR MONTGOMERY
But you did concede ard
tell us at the beginning that you are aware of
no notices in which any of those cases are here
MR MADEKSHO
I'm also here as counsel
in regard to
MR
BRICKMAN
Certain cases in South
Carolina he is also supposed to be here
MR MONTGOMERY
That sounds to me like an
lib right after you whispered in his Car and Counsel I think that's a little bit of a
ACE REPORTING INC
CINCINNACINCIT NATI CI INCINNATI OHIO
strap
Let's be realistic about it
N
MR BRICKMAN
That is not correct and
this was a boot strap
wouldn't
that wouldn't make a
difference.
MS CANNON
I want to go off the record
on
for for minute so I can finish marking these
documents.
8
American Journal of
Pathology were marked for | identification
DIRECT EXAMINATION CONTINUED
Dr. Ritterhoff I'm giving you a copy of what has
Ritterhoff Exhibit No. 1
Have you ever seen
Q
recognize
must have but I don't remember this
Down at the bottom there is a signature
Do you
signature
That's mine
That's your signature
Yes
CINCINNATI CINCINNATI CHIO
Q
Okay Okay Okay Okay .
And And AnAdnd whatwwhaht at is is RitterhofRiterhof fRiterhof Pyhibit No. 1P
MR MONTGOMERY Note my objection He
said he doesn't recognize it Anything else
beyond that it would be inadmissiibnadmisiblle e inadmisible .
II think
it would sspeak peak for itself as to what it is is
Q
Dr. Ritterhoff
A.
It speaks for itself yes I must have written
yale
0
Okay I understand that Now what is it
A
Well it's a letter
MR MONTGOMERY Same objection
A letter to Dr. Gardner
Q
Um hum
A
And I'm asking for help
C
What's the date on the letter
H
A.
November 1 1944
Let me show you Ritterhoff Exhibit No. 2
|
Leroy This
A
from
This is a response from Dr.
Gardner
|
Gardner to me
:
received or written November 10 1944
QQ
OkOkaayy And Ritterhoff Exhibit No. 3 on the second
page of Ritterhoff Exhibit No.
3
there's
therethere''s s a
signature
Do you
recognize that signature
A
That's my signature
|
Q.
And what is Ritterhoff No. 37
ACE REPORTING INC |
|
CINCINNATI CINCINNATI CINCINNATI OHIO
|
i
i
Well it's a letter that I wrote to Dr. Gardner
3
And what's the date on the letter
Q
Thank you I ask you to look at Ritterhoff
Exhibit No. 4 What is that
5
A
It's a letter from Dr. Leroy Gardner sent
December 27 1944
Q
To who
A
TO me
I show you Ritterhoff Exhibit No. 5
Have you
ever seen Ritterhoff Exhibit No. 5 before
A
Yes
I think that was in material you sent to me
originally 0
A Q
Did you ever see it before I sent it to you
I don't know
I don't know that
Doctor let me show you Ritterhoff Exhibit
6
What is that
A
Well this is a reprint of the article I wrote wrote
concerning the findings in Mr. Scobie The American Journal of
Pathology.
Q.
Now Doctor going back to Ritterhoff Exhibit
5 I'm going to ask you to turn to -~ and you have the reprint I guess that you got at
was published of Exhibit No. 6 is that
ACE REPORTING CINCINNATI ONIO
right
Would you turn to page 496 of that article
A
Right
0
Down
at at
the
bottom
is
a
paragraph
More frequently
A
There's
00 part in that a
th that at that
that that
reads
reads
reads reads
reads ,
who also studied this case,
stated
stated
stated
stated
stated
stated
that
that that
that
these these these
bodies bodies bodies bodies
stained stained stained
then
and then there's a quote
Would you read
A
TheseThese These bodies stained red with
f fuchsinuc fuchsin h fucs fuhchsinsi fiuchnsin n
of
of
van Weigert instead of black like elastic tissue and
*"
von Kossa's Kossa's calcium stain is is negative
a
Thank ThanTkhank you very much
Now , Doctor Doctor, I'm I'm going to
ask you
also now
to
look
back
again
at
Exhibit
Exhibit
Exhibit Exhibit
55
16
A
Exhibit 5 all right Now Now where
are we
1944 194
It
. Exhibit 5 is dated November 20 1944 It
18
18
and it has HerbertHerbert Scobie on top
19
graph
--
Now would you read
fl - I' 'm in the
sentence
Would you read that sentence
MR MONTGOMERY Note my objection
reading from from the document, which has not been
para- para-
ACE REPORTING INC
CINCINNAT CINCI INNATI OHIO
identified
identified
identified
think that's a highly irregular
procedure procedure
3
I'm aware of
4
MR MADEKSHO
I believe we are in the
5
process of getting it identified
8
Q
Doctor would would you read that
MR DEMICHELIS DEMICHELIS DEMICHELIS
You mean into
or or f for or himself ?
MS CANNON: No.
out loud
want him to read it it
MR DEMICHELIS DEMICHELIS Then I object
H
These stain stain black with hematoxylin red with the
12
fuchsin of van Gieson Weigert instead of black like elastic
Von Kossa's calciumcalcium stain is is negative
15
Q
Thank you Doctor
Do
you
know
know
where
you
got
the
article , which has been marked as Exhibit 6
you just read
MR : MONTGOMERMYONTGOMERY
MR DEMICHELIS DEMICHELIS
I
think this procedure
MR ATKINS
For For For the the the record record record record record record
instead instead instead instead instead instead instead of of
each each each eacheach defense counsel counsel making an objection at
this
this thisthis this
point
any defense counsels
objections
will will
be be anticipated anticipated anticipated anticipated
unless
unless
unless
thtere th here ethere rthere e
i is s
s some ome other other other other other
ACE REPORTINR G EPORTING INC CINCINNATI , OHIO
MR DEMICHELIS
I want to add a reason reason
MR BRICKMAN
You do not agree with that
MR DEMICHELIS Certainly I think I said
. BRICKMAN
I'm sorry
I just misunder-
13 yes yes
MR DEMICHELIS
You're batting 500.
You You You
right once and wrong once Well obviously if I may speak --
Yes I want to know where you got the quote
I must have had this because there are CYOSS-
Okay
When you say you must must have have have have hadhad had this this this
you must have had Ritterhoff Exhibit No. 57
Yes Yes
I must havehave
had had
it
sometime sometime sometime
Sometime before you wrote the article which
Possibly hum
MR MONTGOMERY
Move
to
strikestrike strike
a all lall lall
reference to Exhibit 5
MS CANNON
Denied
ACE REPORTING
CINCIN ATI
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MR MONTGOMERY I appreciate your prompt ruling ruling
th
Dr. Ritterhoff did you ever speak to anyone at
Phillip Carey concerning the Herbert Scobie case
AL
I spoke with one man
3
When was that in relationship to when your article
was written Exhibit 6 if you know
A
would say that it was after everything was
written up a
After everything was written up meaning after
what things were written up
ALL
The paper whether it was after publication or
before publication
I
don't don't dodno'n'tt
know
know
know
know
Q
Where did you
speak with
this
--
you
said you
Q
spoke with someone from Phillip
Carey
How do
you
know knowknow
it
was
was
waswas
a Phillip Carey person
A
I went to the Phillip Carey office office
was out at the plant
Q
Where was the plant located
A
Well it's out in
what is
Lockland or whatever it isis .
Q.
In Cincinnati Cincinnati
A
Yes.
Q
Why did you you go there
a
Q
Q
Phillip Phillip Phillip
Phillip
Carey CareyCarey Car Caree y Cy arey
I don't remember name but I don't remember it
Where in the plant dididd you speakspeak to the In his office
|
name
|
Was there anyone else in the office
No.
And how long did the conversation last
Fifteen twenty minutes
And what did you tell him
I told him that Mr. Scobie died of What did this person look like
asbestosis
asbestosis
asbestosis . asbestosis
He He
was a kindly kindly kindly kindly kindly kindly gentleman gentleman haired
That's That'sThat's That's That'sThat's
That's
MS CANNON record
would like to take a minute
A recesrecess recess was taken
21
BY M MS S , : CANNON
DIRECT EXAMINATION CONTINUED
Q
Dr. Ritterhoff where did Mr.
A
A
Where did Mr. Scobie work
MR MONTGOMERY
the record only
Objection
That's for
"
Well according to information that I receiverdeceived ,
he worked at Phillip Carey
At what plant or where at Phillip Carey?
7
MR MONTGOMERY Same objection Hearsay
"
That I don't know
All I know is he waa s ft
employes of Phillip Carey
a) Were you given any information concerning a
compensation claim filed by Mr. Scobie's widow
;
A
No.
MR MONTGOMERY MONTGOMERY : Objection
a
Did you discuss any compensation from Phillip
,ii Carey to Mr. Scobie's widow with anyone
MR MONTGOMERY: Objection
A
Do I answer or not
Q
YeYess sir
MR BRICKMAN Yes sir you go ahead and
20
A
The only information I received was from Dr.
|
21
Skavlem and he told me that the widow had been privately privately privately and
adequately compensated
23
MR MONTGOMERY
Move to strike on the
basis of hearsay evidence and not responsive
ACE
REPORTIN REPORTIN REPORTIN
CINCINNAT CINCINNAT
_
a
.:
Ch
Dr. Ritterhoff the article that you wrote that we
40
: | referred to earlier as Exhibit 6 ..
th
Yes
h
-- this article discussed the Scobie case is that
Q 7
And did you do research in preparation for writing
4
: | writing
|
|
read
A
What do you mean research
Q
Did you go to the library and get any articles to
|
A
Yes
|
article
Q
And I see you're turning
right now
y' ou're opening up the
read
A
Yes
And these would be some of the things that I
Some 29 articles were quoted from
th
And when you say these you're referring to what's
the list of references on page 504 and 505 of the article
Q
Now where did you get these articles
A
Well I suppose =~ well I did spend time in the
medical library
os
Would you look at the third article
A.
Yes
ACE
REPORTING REPORTING INC
CINCINATI CINCINNATI CINCINNATI
OHIO
may h
What's the name of that article
the the the
name name
name
of
of
the magazine
I'm sorry -
3
i]
dha
It's Deutsche med Wchnschr volkenschrift volkenschrift
Q Where did you locate that article or that magazine
:
A
It was cited I have it cited by Egbert and
Egbert isis number five pulmonary asbestosis Report of a case
with necropsy findings American Review Tuberculosis
A
th
journals
Did you have any access yourself to any foreign
Ay
Certainly the British ones are over at the
medical school library
eh
Would you look at reference number one
(
Where did you locate that article
Au
Gloyne's article was in the American Journal of
Public Health so that's a national journal here
Q
If you needed to get a foreign medical journal
what would you do
f Bu
would merely tell the librarian and she would would
20 get it if they didn't have it
Q
Were there some that were already in the library
A
don't remember asking her to do that Most of
23
these were ~~ well these are available in the library
2
So here on four there's a reference to a
BrBritish itish medical journal ?
A
Yes That's over there That'Thsat's over there, yes|
And you say that's over there
It would have
|
meaning in the medical library
time the article was written
Right
For publication in 19467
Right yes
I'm almost done Doctor Dr. Ritterhoff let's
go back to Exhibits 1 and 3. Exhibits and 3 are these letters
that you sent to Dr. Gardney concerning Scobie
I
71
oy
Right
C
a
And 2 and 4 are letters that you received from
in reply to those
A
Y Yes es .
Now did you rely upon thethe information inin
letters in writing your article Exhibit 67
_
|
A
In part I'm sure
I don't know =
A
i pending pending
Doctor I don't think there is any question
MR MONTGOMERY
If you want to explain a
prior answer Doctor please do You have the
right to explain anything you feel is
ACE
REPORTING REPORTING
CINCINNATE CINCINNATE
NS CANNON
Just a minute .
I
I
think we
can go back and read what the question is
THE WITNESS
No.
have to keep quiet
You'reYou're just going tto o
MS, CANNON
Excuse me Doctor
me
THE WITNESS
You're going to have toto excuse excuse excuseexcuse excuse excuse
MS CANNON
pending.
Doctor there is no question question
MR DEMICHELIS The doctor apparently wants to complete his ans answer wer .
. CANNON
Mr.
Montgomery
is
going
to to
have an opportunity to be able to ask you some
additional questions
MR DEMICHELIS Wait a minute If you're going to instruct the witness not to say some-
thing we're going to have to ask that this
deposition be recessed until we get a ruling
from a coure on this
I don't think any counsel
has the right to tell a witness to shut up at
any time
I know of no rule in any jurisdiction
that permits that procedure
MS
MS CANNON
Actually there is a rule in
Maryland that permits that procedure
REPORTING REPORTING REPORTING INC
CINCINNATI CINCINNATI
CINCINNATI
ONIO
MR DEMICHELIS:
hhis ihis s
expleaxplan na aexplana
explana
tion is necessary
3
whether the court wants to strike it and you'll you'll
just have to listen to it Doctor you say what
you want to
say
THE WITNESS
All right
I merely w wa an n wantt t want to to
was very fortunate in having having available
a man such as Dr. Leroy Gardner who served as
of
consultant for me who really went out
I don't know where I would find a man like that
today That's all I wanted to
MR MADEKSHO
Thank you Doctor
MS CANNON
Thank you Doctor,
That's
That's That's
very helpful Nothing further
MR BRICKMAN
Excuse me
HoldHold on a second
DIRECT EXAMINATION CONTINUED CONTINUED
Q
Now when you went to the Phillip Carey plant
Doctor you said you went sometime around the time that your
article was being published
A.
NO
I don't know the exact time
I would say it
was when everything was worked
up
Whether or not
it was before or after
don't know
Q
Was it within six months of the publication
REPORTING
CINCINNA CINCN INNAN CINCINNAN
NO
either one ssidie de side or the other
0 Pha ea
Le was
I don'tdon't know
Was it within a year of the publication publication ?
I don't don't know
Do
you
know how
close
to
the
autopsy of of
Mr.
Mr.
Scobie
Scobie
Scobie
Scobie
"
a autopsy
would say it was fairly close And fairly close meaning within six months of of
A
I would guess.
Now ,
saisd aid when you went to the Phillip Carey Phillip
plant and you spoke with this individual, whose name you don't don't
remember you spoke about Mr. Scobie
A
Right
0
And that was the person
fl
you
told
the
Phillip
asbestosis
Carey person that Mr. Scobie had asbestosis asbestosis asbestosis ?
A
Right
MONTGOMERY MONTGOMERY MONTGOMERY :
Note my objection
leading
leading
nature
of
the
question
Move to
Okay. When you went to the plant and talked to
the Phillip Carey person what did you talk about about
. MONTGOMERY MONTGOMERY :
Objection
Objection Objection .
Asked
Asked Asked
Asked
and
MR MADEKSHO Doctor
You can answer the question
A
The purpose of the visit was to tell someone at
Phillip Carey that their employee Mr. Scobie died of asbestosis
MS CANNON
Thank you very much
I have
no further questions
MR BRICKMAN
time
I have no questions at this this
MR MONTGOMERY
Could we have a few moments
Could we break forfor a second
A recess was taken
MR MONTGOMERY Dr. Ritterhoff I thank you for for coming I have no questions
Other defense counsel stated that they had no
questions)
ROBERT J. RITTERHOFF M.D.
DEPOSITION DEPOSITION CONCLUDED AT 10:30 A.M.
ACE REPORTING
CINCINATI
CINCINNATI CINCINNATI CINCINNATI OHIO
CERT TE
STATE OF OHIO
r
COUNTY OF
HAMILTON
aS
I Betty J. Schwab the undersigned a duly qualified
and commissioned commissioned notary public within and for the State of Ohio
do hereby
certify
certify
that
before
the
giving givinggiving giving giving giving of of
his hishis his
sition
ROBERT J. RITTERHOFF M.D. was by me first duly
sworn to depose the truth the whole truth and nothingnothing but the
truth that the foregoing foregoing foregoing is the deposition given at said
and place by the said ROBERT J. RITTERHOFF M.D that
sition was taken in all respects pursuant to Notice to Take
thatthat that that that that said said deposition deposition was taken by me in stenotype
and
transcribed
into
typewriting under my
supervision
supervision
transcribed deposition was submitted to the witness for his
|
examination and signature that I am neither a relative of nor
attorney for any of the parties to this cause nor relative of
nor employee of any of their counsel and have no interest
what-
ever in the result of the action
IN WITNESS WHEREOF I hereunto set my hand
seal of office at Cincinnati Ohio this
day of
official
:
MY COMMISSCOMISION ICOMOMISSNION EXPIRES EXPIRES EXPIRES : JanuaryJanuary 29 1991
Betty J. Schwab Notary Public - State of Ohio
CINCINNATI CINCINNATI
OHIO
OF PATHOLOGY
Official Publication of
The American Association Asociation of Pathologists and Bacteriologists
BOARD OF EDITORS
CARL V. WELLER EDITOR
MALCOLM H. SOULE ASSISTANT EDITOR
J. HAROLD AUSTIN
.
TRACY B. MALLORY
PAUL R. CANNON
SHIELDS WARREN
HOWARD T. KARSNER
HARRY M. ZIMMERMAN
VOLUME XXII
May
January MarchMarch and May )
1946
:
(thei
,
ete.
lyoentH
Viet
siTtagemie
OTN
6
PLAINTIFF'S EXHIBIT
6
Ritterhoff Ritterhoff
COEXISTENT COEXISTENT PULMONARY PULMONARYPULMONARY ASBESTOSIS
JOHN H. SHAVCEM M.D. and Rosent From the Percy Shields Laboratory
=.
al; was
le
Falir * described a case in 1914
awakened until the case of Cooke
Since that time there have appeared in the available
1937.
150 necropsies on cases of pulmobary
reports upon approximately
with bose
asbetosi.5-12 comparison wth
asbestosis.5-12 The paucity of proved cases in
te of silicusis is not due wholly to failure to report such cases for in
series asbestosis is apparently of infrequent occur-
large necropsy
of asbestos prod-
rence Further despite the widespread usage
there are comparatively few people engaged in the asbestos
ucis As of October 1944 Only 19,700 people were employed in
industry
1 this industry in the United States
roentgenologic and
Much has been written about the clinical
of sarcoidosis However because of the infrequency
biopsic aspects
of this disease there are only isolated
and relatively benign character
have
literature there have
detailed necropsy reports From the available
been found ouly 53 reports of necropsies on cases of sarcoidosis
Most of these were summarized by Dinner
These two diseases present many dinical and roentgenographic
similarities and also their more frequent fatal complications are
tuberculosis and cardiopulmonary insuficeny insufficiency
alike pulmonary
complication of pulmonaLy
Bronchogenic carcinoma a frequent
described described as associated with sar-
has not however been
Likewise there has not been a previous description of
with coexistent sarcoidosis It is the purpose of this report
only example of
the findings in sudiju
asbestosis or sarcoidosi
ww
www wwwwww
w
ce
oe
omen
se
ky
iS
The ET
rea aT gataert
mn ee
pe cap : fe ^' ES
Ra
Ay
TS a:
se
ampers
toe
ee rer nee wea
symptoms there was a weight loss of 22 pounds from December 1943 to March
1944 at which time he presented himself for medical care
a The patient had worked in an asbestos plant for 25 years the last ro years having been in a supervisory position During this entire time he had worked in
pipe one department in which asbestos pipe was made There was a slight slight but appreciable
dust hazard associated with the sawing and splitting of the dried asbestos
despite precautionary exhaust
ventilation The total time the patient had spent
upon this final operation
sawing was unknown nor was it learned whether be
had been negligent in using the provided respirators To the company's
this was their first case of asbestosis
company's knowledge
Physical examination revealed the following findings Temperature 37 .;
minute arterial pressure 105/70 Hg respiration 22 per
170 cm weight 67 Lg
mm height blood
The chest was of increased interoposterior diameter
Respiratory excursions were equal but decreased The percussion note was resonant
and auscultation revealed fine riles over the bases of the lungs posteriorly There were no evidences of cardiac enlargement irregularity or decompensation Cyanosis -
and clubbing of the fingers were absent The liver wwas as barely palpable
the
Report
on
the
roentgenogram
of
the
chest
Fig
Fig
)
was
as
follows
"
The
bony
framework is normal The trachea in the midline The hilum shadows arc
moderately enlarged bilaterally One small calcified area is present in each hilum
There densities scattered lung fields densities scastcateredred numerous are nunumemroues rous smaslmall l nnodular odulanodular r
scaterd throuthgrohugohouutt bbootth h
fields
especially throughout the lower lobes There is some confluence of these densities
in the left lower lobe Emphysema is present
Examination of the blood showed erythrocytes 5.5 million leukocytes 6.6 thousand 73 per cent neutrocytes 21 per cent lymphocytes 5 per cent monocytes I per cent eosinophils sedimentation rate 26 mm No abnormality was found in the urine The vital capacffy 2200 cc was 51 per cent of normal Tuberculin
tests were not done
was his only complaint after increasingly patient regular and The
seen at
intervals
severe exertional dyspnea A roentgenogram of the chest 4 months
after the initial
chest film revealed no new findings Although the patient greatly limited bis
activities dyspnea became progressively more severe so that eventually even at bed rest there was extreme air hunger At no time were there evidences of cardiac
failure He died approximately 1 months after the onset of symptoms apparently from respiratory failure
Autopsy Findings
The necropsy was performed 5 hours after death Superficially
there was considerable decrease in the subcutaneous tissues and the
body musculature There was no clubbing clubing of the nailbeds or dependent
edema
mediastinum was in
midline Each lung completely
filled its hemithorax and
anterior mediastinal
at
the level of
:
.
-
:
7
3 a
oe
:
CO
-
;
ore
TTTfi
iM
7
2 = =
. ~~
tee
The frontal section of the left lung Fig 3 revealed coarse lacy
tannish brown hypercrepitant tissue throughout both lobes Innumerable slightly elevated grayish green irregular firm nodules I to 2 mm in diameter were present throughout the lung Thin radiating fibrous bands surrounded and connected these nodules Also slightly thickened pleural septa extended into the lung substance for variable
depths In the lung tissue about the bronchi of the second and third
Interspaces
Generally these nodules moderate numbers Interspaces
these
nodules
were
somewhat
confluent
and
and
a
similar
similar
change was noted in the subpleural tissues for a depth of 3 to 5 mm similar
lung by present in
rated
bbyy
wide
zones
of of
drydry
emphysematous
emphysematous
emphysematous
were sepa-
tis ue
tissue studded
a^'merousminute grayish tubercles Dissection of the bronchi of the
they moderately dilated cylindrically lower lobe disclosed that lined saccularly
saccularly
and
by saccularly
sacularly
sacularly and
by
and saccularly and lined glistening In the right lung the same
were
glistenig
glistening
glistening
changes
mucosa
white
white mucosa mucosa
mucosa
were observed as
were
throughout the left However the grayish grayish green irregular
present
nodules
tended to be more numerous larger and more confluent
This
This was
particularly true of the anterior portions of the lower and middle
lobes Also the nodules were connected by thicker grayish black and
grayish white interlacing bands of fibrous tissue Extending deeply
into the lung substance thickened pleural septa communicated with
the
fibrous tissue
in
and
about
the
clusters
of
tubercles
tubercles
Except for
more pronounced dilatation and thinning of the mucosa the bronchi right
right lung were left of the
were ssiimmilialr ar to tthhoossee of tthe he left
The
tracheobronchial
lymph
nodes
were
moderately
enlarged
and
and
-
on section consisted of dense rubbery anthracotic centers and thin
rims of yellowish white tissue Calcification was not grossly de-
monstrable
;
The embalmed heart weighed 280 gm and had the following
measurements tricuspid valve 120 mm pulmonary valve 80 mm mitral valv~ 89 mm aortic valve 65 mm right ventricle wall to
8 mm left ventricle wall is mm The greatest transverse cardiac
diameter was 13.5 cm
is
basis
The estimated normal
heart weight on the minus 40. The tricus-
aortic valve and pulmonic valve
ratios were 1.84 and 1.73
respectively
The right ventricle was
muscles
bs
;
!
ody
re
[
oo vo
woods
a Zz
i
if
te
:
:
;
=
a {ES
4 =
L=
t
=
.
s
seu
NSMti
vob:
cueytnfene
Mow : ooPNT of ATLA STE,
Aerts at. rath
ae
MT?IN ro
taf
on tnt Sans, a
TMTa
samen
cemkTn
purplish substance was firm and live
red with normal markings No
The
tubercles were seen The live measured 22 by 16 10 cm The
remaining organs showed passive hyperemia and moderate generalized
and that von Kossa's calcium stain is negative study of appropriately stained sections revealed as pointed out by Gardner that the Schaumann bodies did stain red however a moderate number also
arteriosclerosis
Microscopic Findings
contained calcium in variable degrees as demonstrated by von Kossa's
stain An occasional giant cell contained one or more clefts suggestive |
Throughout the lung there was a conspicuous linear interlacing
of cholesterol crystals More frequently however doubly refractile
peribronchial and septal pulmonary fibrosis Fig ) This was par-
irregular spicules plaques and conchoidal masses were observed in
ticularly prominent in the subpleural tissues The intervening lunglung
giant cells These doubly refractile masses were about or in
tissue was moderately emphysematous Innumerable tubercles were
present in the linear and peribronchial fibrotic areas and were present to a lesser extent in the walls of the respiratory bronchioles and the
the Schaumann bodies particularly the smaller and partially calcified oon
forms
The foreign body tubercles were indefinitely demarcated and con-
adjacent alveolar walls Generally these tubercles were of two types
sisted of rather closely packed indefinitely arranged large monocytes
sarcoidal and foreign body granulomas The former predominated by
and one or more foreign body giant cells These tubercles for the
intimately approximately ten to one Tubercles of these types were
as-
sociated and in addition many intermediate types were presented
The sarcoidal tubercles Fig 4 were free of casention contained
most part were within the dense zones of fibrosis Some however were present in alveoli and respiratory bronchioles Golden yellow discoid verruciform and incompletely segmented asbestos bodies
no demonstrable organisms and were for the most part in the same
+
many of which were in giant cells were observed in and about the
presented i
stage of development however a minimal number
some
j
Seman i
peripheral fibrosis and there was an occasional coarse collagenous
t
nodules Fig 8 Asbestos bodies singly or in clusters and in muderate numbers were present also in the dense Abrotic areas Fig 9
ball Generally the tubercles were sharply demarcated surrounded by delicate reticulum and did not present peripheral rims of lympho-
MpReatse
and occasionally within alveoli Fig 10 Rare laminated calcified
\
masses enclosing apparent asbestos bodies Fig 1 and other bodies
cytes They consisted peripherally arranged epithelioid cells sur-
rounding central loosely arranged epithelioid and monocytic cells Giant cells were for the most part centrally located and often com-
P
which appeared to be of the Schaumann variety were present in the
a
linear fibrotic bands Asbestos bodies were also encountered in and
about the sarcoidal tubercles and in the associated sarcoidal giant cells
prised over half of the bulk of the nodule The giant cells appeared
to be of two types Langhans cells and foreign body giant cells with
predominating the former
In many of the Langhans cells there were
numerous small vacuoles each containing a pink round body Other
those Langhans cells contained large clear vacuoles and rarely in
present
asteroid
cells containing
one large vacuole there was present an asteroid
containing
body an intensely eosinophilic stellate mass 15 to 20 in diameter
of both varieties but more frequently in those of foreign body type Tron preparations clearly demonstrated the bizarre forms of the as-
bestos bodies
In many areas it was difficult to distinguish between the two types
of lesions
was particularly true throughout the subpleural re-
gion where both the lesions and asbestos bodies were more numerous
clustered and embedded in a dense matrix of collagen masses of
Fig 5
More frequently the Langhans cells cels contamed round oval U
suggestively sugestively budding intracytoplasmic bodies of Schaumann sugestively
Rarely these bodies ,
appeared to lie outside of giant
some enclosed regular yellowish material (
stained blue with hematoxylin and in
ferrocyanide
strongly positvepositive for iron Dr. Leroy
coarse elastic fibers and fine reticulum
The larger bronchi bronchi were remarkable remarkable only for mation The bronchioles and respiratory bronchioles
collagen and surrounded by tubercles were
slight chronic infam, embedded in
moderately dilated
moderate moderate
In the subpleural regions where
granulomatous reaction were
case
bodies ty| many contained asbestos
and the associated granulomatous
reaction Within the peribronchial fibrous tissue there was a moderate
amount of hemosiderin in lincarly disposed granules and fine lipoid
droplets The small pulmonary arteries and arterioles presented presented slight
intimal thickening and those in the subpleural zone were surrounded
by thick collars of elastic fibers
The intervening alveolf were moderately dilated the capillaries were
monocytes congested and there was a slight increase in collagen in the alveolar
walls bordering the
tained
lipoid
lipoid
brousmasses Focally clusters of alveoli con-
macrophages
Heart
infrequent tained lipoid macrophages
lesion "
Heart lesion cells were infrequent
Sections of the pleura revealed dense laminated and oval fenestrated
bundles of collagen Focally there were indefinitely demarcated
nodules which consisted of circularly disposed lamellac of collagen
Superficially the pleura presented slight fibroblastic activity and an
occasional perivascular accumulation of lymphocytes and
some of the latter occasionally containing beniosiderin beniosiderin No asbestos bodies were observed The pleura over the left lower lobe in addition bore organizing fibrinous exudate on its visceral aspect
Sections of the tracheobronchial lymph nodes presented a repetitious pattern of sarcoidal tubercles with almost complete replacement of the
lymphoid tissue Throughout the nodes there were minimal diffuse
fibrosis and several nodular masses of coarse collagen The
tubercles lung were similar to those in the
as to structure and stage of
develop- ment Inclusions of Schaumann were not observed and only a rare
asteroid was present Asbestos bodies were not identified A mod-
erate number of
hemosiderin macrophages were present in
the remaining lymphoid tissue
Similar sarcoidal tubercles were present to a slight degree in the spleen and liver and to a lesser extent in the kidneys diaphragmatic muscle and the right and left ventricular myocardium These sarcoidal tubercles however were not as compactly arranged as those in the lung and tracheobronchial lymph nodes and were surrounded by and permeated by lymphocytes Asteroid bodies and Schautumn Schautumn bolles
were not present in the giant
bodies were found
associated
Fe AND
SABCOMPOSTS SABCOMPOSTS
*
- 490
arterioles arteries and
in the
lungs nodular marked obliterative pleural fibrosis pleural
fibrosis
focal organizing
fibrinous marked
nodular
pleural fibrosis organizng organizing fibrinous obliterative focal organizing coidosi
coidosis
of
pleuritis minimal liver
; sar-
coidosis of the beart liver spleen sar- cardiac
kidneys right right passive
dilatation
hyperemia hyperemia
and
of
relative
viscera
and ventricularventricular
ventricular -
passive hypearretmeiriaosclerosis hypertrophy generalized
of the viscera slsliight ght cicirhosi rrhosis of the liveracustaelciugthte
minimal focal
intcehrsrtointiiacl apdrroesntaaltiittiiss and nephritis chronic posterior urethritis and
TEELE I
and
Approximately Spectroretic Spectroetic Moist Analyds of Ask Dry Tue -
ChCehemmiiccaall and SpectSperctroetoic retic
At ozidee cept Cly
f
Spectroretic Analyds Analyds Ask
Ask 40 of Dry Tiss
A
if
As elemente
.
.
Checcel encyk
H
Chemical tusteets
Spectrogranic . suclysis
Bi Ee) | Por certcert i
, Bi
|
0.15
Na
Per Led
Arbitrary
relative red
;
Cd SiO
36.7
2.76
&
None 36.7 found
10-0
Fe OF BcO
| 8.03 Re None found
E
| =="
| None found af
C.
80
EnO
| 0.39 te
8.0
75
si | 2.18
2.3
200
| i None found tty
0.02
75
None found Bf None found
,
=
Cr OF
NIO COO
aoe
;
-
None aBe 0.05found AE
$
18.42 5.44 None :i 0.00.0 E ; None found 25
| Present Za i 0.3
25
l Pt | i __
i
| 10
0
DISCUSSION SES
significant history of exposure to asbestos to asbestos was never entertained In dyspnea
sented in
1
right heart or cardiac failure concomitant concomitant concomitant
is
ese7 ade
et
TATSHon
fi
.
i
Ee
=
f=
it =
| ; Teste
...
...
; aie
ny
ie
. yv Ee
. yv A
NJEL EN =
NJELLEN
TAHPJELAIL
THAHiPgJEiLeAInL
| YH
f TAL .../
TAL .../
i LFEPAJND
LFEPAJAND
! LFEPAJND
i fe
a i 34
re:
P
i
i
500
HITTAENDRHHITOTERFHOFFF
existing sarcoid lesions and the discovery of asbestos fibers in the
strate
to asbestos fibers and
with a history of adequate exposure
sputum
evidences of diffuse pulmonary fibrosis Asbestosis
roentgenographiocbserved alone should not have caused death and
of the degree
Reisner
sarcoidosis has generally been regarded as a benign process
the basis of his observations on cases of pulmonary sar-
however on
in assuming too confident an
coidosis stated that one is not justified
attitude regarding the ultimate outcome This statement is particu-
larly true when as in this case sarcoidosis complicates
;
pulmonary disease
heart strain in that
Pathologically there were evidences of right
marked dilatation of the right heart evidenced by increased
there was
valve ratios and slight passive hyperemia
pulmonic tricuspid and
the basis of body
of the viscera The total heart weight however on
normal As determined by the ratio of the left and right
length was
that there may be considerable
ventricular weights it has been shown
increase in the total
relative right ventricular hypertrophy without an
However relative right ventricular cardiac hypertrophy
heart weight
"
usually accompanied by evidences of right
in Higgins series was not
dilatation of the right
ventricular failure In view of the significant
side of the heart and the slight sclerosis of the pulmonary arterioles
there was in all probability some degree of puilncmroenaasreyinhytpoetratlenhseiaornt
in this case However in the absence of an
of and in the absence evidences of chronic passive hyperemia
wofeitghhet viscera there was probably no, or insignificant exaggeration of
air hunger due to heart failure
is due to
It has been suggested that dyspnea in the pneumoconioses
arterial blockage by the fibrotic process This in all
capillary and
with severe
is true to a variable degree in those persons
probability
with attendant extreme chronic
fibrosis of the conglomerate type
not cyplain the severe
emphysema This hypothesis however diffuse miliary studding of
seen in occasional cases of
framework of the lung by silicotic tuberculous sarcoidal or
tubercles It may be that the mechanism
due to irritation of the
COEXISTENT ASBESTOSIS AND ARCOIDOSIS
502
spiratory alkalosis
Tissue changes suggestive of alkalosis
such as calcification of the renal tubules were not found
Microscopically there was some difficulty in differentiating the two
of tubercles since there were many sarcoidal tubercles which
types
contained asbestos fibers and tubercles of indeterminate type not
containing fibers or inclusion bodies were sometimes seen It was
difficult to determine how much of the fibrosis was due to asbestosis
Morphologically since the majority by far of the sarcoidal tubercles
were without evidences of fibrosis and apparently of the same age it
is suggested that this process was engrafted upon an established as26
bestosis Further on the basis of Gardner and Cumming experi
bronchiolar epithelium the with mental studies on asbestosis marked peribronchiolar fibrosis
sequestrated asbestos bodies the marked pleural fibrosis and pleural
septal fibrosis and the metaplasia of the
in-
dicate that the asbestosis was well established and over 700 to 800
days old Dr. Leroy U. Gardner who kindly examined the material
stated In comparison with our other material the pigmented foci
in your case seem to show more fibrosis and less localized emphysema Histologically this can probably be explained by the presence of
sarcoid nodules within the asbestotic zones of reaction I would infer
that in your case the two conditions developed more or less simul-
taneously but that probably the asbestosis was present to some degree before the sarcoid appeared This opinion is based upon the occur-
rence of asbestos fibers and other containing particles in the
interior of the tubercle nodules and in some cases within the
giant cells themselves The number of asbestos bodies is smaller than
seen in many cases
Inclusions of the Schaumann variety found only in the lung oc-
curred in 4 per cent of the giant cells Some of these enclosed goldenyellow irregular bodies suggesting asbestos bodies but similar to or-
ganic material previously described within such bodies Yet there
by were dennite dennite asbestos b^"dies unclosed
similar
dark blue material
Schaumann inclusions have been described in only 4 per cent of the
reported necropsies on sarcoidosis as summarized by Rubin and Pin" who did not regard these inclusions
impressed by the
by their
frequency
unequivocal tuberculous
presence of calcified in-
feet ee DehKHUFEKHUFE
sarcoidosis
**
Gardner pointed out that in his sarcoid material
bodies regarded by many to consist of calcium or alcified remnants
of elastica do not by the von Kossa method contain calcium but by the ferrocyanide method give a strong reaction for iron Only a moderate number of Schaumann bodies observed in the present .
staining noncalcified case were either wholly or partially calcified yet all gave a strong
reaction for iron Studies on sarcoid lesions of lymph nodes and spleen from another case revealed only a few
.
Schaumann bodies The presence of doubly refractile noulipoid sub-
stance in giant cells and frequently in close relation to Schaumann
bodies has not been emphasized in the literature on sarcoidosis It
has been noted however that colorless and yellowish tinged refrac ile
material is often enclosed by the Schaumann body The fact that
these masses are frequently doubly refractile has not been stressed
It has been suggested that these enclosed masses represent disintegrat-
ing elastica however van Welgert stains do not confirm this
suggestion The origin of this refractile and doubly refractile material is not known Being in and about many of the small partially calcified bodies this doubly refraculle material appears to be associated with
bodice the development of the Schaumann body The larger and more densely
stained
were
not
as
frequently
associated
with with
visible doubly
refractile substance : However fractured and fragmented apparently
old Schaumann bodies as seen in control sarcoid material from lymph
node and spleen usually contained moderate amounts of doubly re-
fractile substance Apparently then the Schaumann body which stains .
blue with hematoxylin and red with acid fuchsin formed in response * -
to doubly refractile nonlipoid substance and initially is impregnated
by iron and later in amounts demonstrable by von Kossa's stain by
Wolbach in 1911 JadasohnJadasohnJadassohn in 1919 and
have described a peculiar peculiarpeculiar intracellular
generaly generally
generally
lies lies
lies
intensely with
basophilic Wolbach
cent of the
COEXISTENT ASBESTOSIS AND
SARCOIDOSISSARCOIDOSIS
'
503 503 503
material and decided that they were not similar to
times seen in cases sarcoma
Friedman characteristic regarded these bodies bodies as
intracytoplasmic associatsitoanges intravacuolat nonspecific but highly characteristic of sarcoid lesions Friedman
posed that these bodies be called
pro-
asteroids but perhaps it would be
hetter eponymically to call them Wolbach's asteroids They have
been described in 7 cases of sarcoidosis and never in
the Schaumann calcified inclusion
with
were
in
body In the present case asteroids
present approximately 1 per cent of the giant celle in the
lungs and tracheobronchial lymph nodes Definite transition
of
asteroid formation were
suggested by the presence of spicules on the -
pink coccoid
particularly those giant cells in which the
bodies
in
small vacuoles were clustered and dis-
integrating In addition an occasional Wolbach's
lying in a large clear vacuole was surrounded by aagsmtienroaitdedinrsutpetaudreodf
vacuoles In view of the presence of similar pink coccoid intra-
vacuolar bodies similar asteroids and the same suggestive stages of
asteroid formation in the giant cells of talcum
observed in
powder granuloma as
one case in this laboratory these giant cell cytoplasmic
changes must be regarded as Wolbach originally suggested nonspecific biochemical cytoplasmic alterations In addition such an
depicted in the giant cells of leprous lesions
asteroid is
'
them spiculated bodies No
by Mallory who called
transition stages between Wolbach's
asteroids and Schaumann's inclusions were even
The
pathogenetic
relationships
of
asbestosis
remotely and
suggested
dependent upon the chronologic development of the sarcoidosis are
nature of the causative
lesions and the-
agents Historically and histologically in this
case it is most likely that asbestosis preceded the
coidosis The predominant localization
development of sar-
of the sarcoidal tubercles with-
in asbestotic zones of fibrosis withattendant
of both lesions as evidenced by asbestos mboordpiheoslowgiitchimondification modification
indeterminate type would suggest an analogy between tuberculosis and
though that even in
framework of
go4 > . SKAVLEM AND RITTERHOFF
REFERENCES
1. Gloyne S. R. and Merewether R. SuppSuplementlement International Labour Office
Suplemnt
and DreeDsrseeenssWe.n C. AsbAesbsetstoossiiss
.
205-714 205-714 205-714
Bosp Murray
Murray
M.
CiCtiteedd byby
Egbert
Egbert
"
ChaCrhairningg
CCrroossss
Bosp
2. Murray
for Industrial Diseas
Departmental Committee on Compensation
of Evidence Appendices and Index 1907. CJ 3496 p
Cd 3495 p 14.
3. Fahr T. and Feigel Kristallbildung in der
Lunge Deutsche med Wohnschr
1914 40
1548-1949 Cited by Egbert
1548-1949 4. Cooke W.
Pulmonary asbestosis Brit M. J. 1937 2 1014 1015 Mcasbestosiasbestsosi Ibid 1927 2 1025 1026
pulmonary Donald S. Histology of
Cited by Egbert
of case with necropsy findings
5. Egbert D. S. Pulmonary asbestosis Report a
Am Rep Tuberc 1935 31 25-34
6. Shull J. R. Asbestosis A roentgenological review of 71
1936 27 279-292
Lanza A. J. Asbestosis J. A. M. A.
8. Lynch K. M. Pulmonary asbestosis
body and similar
objects in the lung J. A. Mo.f cu,ri1o9u3s7 b1o0di9es1974-19i78n the lungs of South African 9. Williams E. The presence
goldminers J. Path & Buct 1939 48 475-47710. Sutherland C. L. Tuberculosis in the silica industrie industries Lancet 1940 1
883-896
.
asbestosis accompanied by pulmonary
II Hannesson H. A case of pulmonary
pulmonary tuberculosiFs. TTubheercilnec1i9d4e1nc2e2 o4f0--p4r4imary carcinoma of the lungs and Am
12. Homburger asbestosis Analysis of literature and report of three cases
:
J. Puth 1943 19
797-807
of
the pneumoconiosis
Quart Bull Sea
View
13. 13. Auerbach O. The pathology
Hosp 1936-37 2 3-2U.7S. Department of Labor Bureau of Labor Statistics 14. Monthly Labor Review
1946 62 pNon1c5a3setaatbileng2tuberculosis An analysis of the literature Am
15. Pinner f
Rev. Tuberc 1938 16. Horton R. Lincoln N.
Noncaseating uberculosis Am
Ret
17. Rubin review of autopsied
COEXISTECOEXNISTENEE COEXISTEN ASH2SAUDES ASH2SAUDES its Steet tee
:
5
U. Personal communication
24. LG. . K. The effect of pulmonary tubtuberculosi erculosis upon the weight of the
25.
Cumings experimental heart Am Rev. Tuberc 1944 49 755-275
Studies
26.
Gardner
Gardner
Cum ings
L.
L.
U.
U.
and Cummings
D. D. E. E.
,
Studies on Studies
experimeexnpertimenatall ppnneuemounmo-ono-
26. konikoonisosiis s VI InhalatiCounmomfinasgbsestos dust its effect upon primary tuberculous
Byg 1931 infection J. Indust Byg & Toxicol, 1931 223 3 656-58-811
infection The
Byg
Pathogenesis
& of Tuberculosis C. C. Thomas Springfield &
27. Rich A. R. The Pathogenesis
Tuberculosi
Springfield
1919 Baltimore 1944 722
28. Jadassohn Zur Frage der Sarcoide des Lupus pernio und des Lupus miliaris
in Kombination mit Acnitis Cor.-Bl. f schweiz schweiz ActateActate
49 455- 45-
29. Mallory F. B. The Principles of Pathologic Histology W. B. Saunders Co., Philadelphia & London 1918 p 207
[ Illustrations follows )
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THE
TUOSSZULOSIS TUOSSZULOSIS TUOSSZULOSIS HOSPITAL
PRICE TUOSSZULOSIS
CINCINNATI O.
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ILGULLIFY doy WINEHUAWINEHUA
Iseter Leroy O. Cards
Latyto Director of Baterie
SapaSapawap wYaakp e . New York York
Heay Teeter dardsort dardsort
que I as writing writing to you for anopinion this time in regard regard
a se
to appreciate greagtlryeatly
thought to be one of estoutocio Dr. Evi 4 I could
apreciate apreciate apreciate it if you could find time FoVICO LES 200
The grecs findings aro I believe consistent with published
sports However Fleroscopically ous active and regradivo
takarsular Laatona cvo encountered in the Lango end the trackso
brenchiel Iymph node and a rara taberelo is found in the uplce
Liver yerdiamd Eldnayo The character and distribation of
these casouting taborelos in onerective of caresidooto Tot
is the lang nabustos bodies aro procontofthin sono of the locios
4th 4th 4th PoroPoroigi a bgoday glent collo Y nadition
-1 -1n ibrosis with inteet asbestos bodies
thors APA arcis
ys passeitpassyeity of asbestos bedies co compared with coctions way
prone kindly sent to wo several years ago the absence of A more
ling fibrosis in the lungs And the tuberculos lociosc is the
need
dos.
Bad several of the orgrno have lod so to believe that the Lostou
are nixed being one predominantly of carcoidosis and minimally owe
of anbosatnbosotosiasainbostaosia
Th10 18. my ooledge the first necropsiyn which secto bodlobowdlow have boos demostrated in our sorico or that of thefinest Coneral Esupital In view of this mad to me the peculiaritoyf the legiono it woulbde extremoly doo1rmblo to have your expert opinion opinion
ooparuto the
I am sending ander necropsy report and
cover stained and unstained alldes
clinical abstract The limited occupational occupational
histortyo all we have at the precont precont time
Vory tra y youru
... Peterhoff Peterhoff
...
Peterhoff
H. J. Hittorhoff H B
Ritterhoff
DIRECTOR OF LABORATORLIABORAHTORIH
Rit erhof
PLAINTIFFI PLAINTIFI
PLAINTIFFI PLAINTIFFI PLAINTIFI
EXHIBIT
|
Ritterhoff
Ritterhoff Ritterhoff Riterhof
I2quaAm OI 776
D^reetorof Lebseiterloo 4D 30 DOSTIGTH DOSTIGTH DOSTIGTH
The Tuberculosio Noepitel Noepitel
9952 LIM
TAPOUTAHTO A OTHO
Dear Dr 2330310117 233031011723031017
CQ TABITOP I an host prsteful to nol 101 ZUTMOTIZUTMOOTIO 08 03
STUD 000 000 30 de *
CAO 4 BUQT3000 DO IDO^
the longs
I 00138 3843 OTE3 TO OT 100 OT 2TDA 393 TABITTOABIPTOP
and carccid of
AQUI AQUI and 3542
O 941 19001 00 777 OF
ran'o to publish your findingfs indifnindigngss--
943 7190880 t~ suo0ORI LHFUTDOPA16 LHFUTDOPA16
FTPROTAGO
LATUTO 177077 TO
pathologieal
aduago PUY AI OT ping
21032 07 23
OT O7 MOTATPPD
DINA ABID MOT 42 20
thio to O where
243 QZQT3 QZQT3 T
extensive 177
01993229 La due to the inhaled due
However
ST15309000030097 ST15309000030097 0972 * **
0300 pue 243 IOQUDU IO ST15309000030097 ST15309000030097
to asbestos asbestos
You Dany cas68
Or would
infer
that
the
ran'o
ozposure history
cays
nothing
although the occupational
fibes had been limited
30oq 943 7 10 OT7 QIQA
I Idea Idea may e pod es dong ABoya SAPTIA DA
they are really vory boautiful boautiful boautiful
to have a shosical analysis of the
It night holp
Wo have a fairly
09 QUTEIQ2PP 047 Su of En quosced acbootodio ray
000013
on the findings findings in acbootodio acbootodio
asgneelua
hydrated asgneelua extensive
corico
of
figureo
is of
no
help
as
to
quantity
of
hydrated
asgneelua
. diffraction however
oven in advanced ondes
allieate It is too call to regiator
will can If we
be of any cervico in this regard regard w7e 7
I TU DOf JOE QUIMCITP 77 03
be very glad to dooporate TY SEJ
NOTAOT 041 T9110107 T9110107
the
Sinoeroly yoursy
LOG
Leroy U. Gardner H. D.
DireDirecctortDiorecrtor
PLAINTIFF'S PLAINTIF'S PLAINTIFF'S
EXHIBIT
+2
+2
+2 +2
Ritterhoff
Ritterhoff
Hamilton
County of HaHamilton milton u
ecw) cap PSR
TA TA aA IDS U SUE
'
WAL
"
TTI
KARET I SASAT
aye mm
THE THE TUBERCULOSIS TUBERCULOSI HOSPIT HOSPITAL AL
PRICE HILL
CINCINNATI CINCINNATI CINCINNATI CINATI S. OHOIHIOO
14 HL
COB
-- --,-- -- --,-- --
--,--
Desembe2r3 1944
CEU UA au ULL EE
des UL, AVILL
AWWW a? J, UAL
Dr. LoreyU. Gardner
The Saverne Laboratory Laboratory Laboratory
Barence Yalce New Yo
Baar Dr. CarnCaornott Carnot
I am very grateful to you for roviccise roviccise roviccise of carecidamin
P87 +91900100427 Eccdless to say your confition confition confition of the dingesnou,
oven thoughI was wrong as to the degree of aubostocic procent and oven 40 very happy produced a few chuckles Your saggestion au to
publication will be followed I could like permission to quote you and include your findings in that report
Tiecue Tiecue to being seat for chemical chemical anois Would it ales ba
advisable advisable to have ray diffraction studies for illet Unfortunately,
I am able to give you supplemental data in regard to bio occupational
history
have not
as the local
permitted no
factory concerned concerned he bon uncooperative to visit the plant nos have they given in
Phuy detail
his occupatocupaitional ooccnupatiaonall history history
I have several questions I would like your opinions opinions
concerning phases
of this
caco
abeat
which |
occasionally occasionally within Pirot in
Pitroofo there
soms of the giant cells and occasionally
are rolet rolet crusted crusted subected
tedio
of
arces
Rave thee9
been previously described described
Sueand would you care to comment apon the poquible poquible poquible otiologie and
latter chronologie relationships of theco two diseadey I note in your
that pathologically it is hard to be sure how much of the fibrocia is
tha to inhaled Aust Is it probable that caresidosis antedated antedated antedated and
Planarly predisposed predisposed to cobostesis or conversely oof
On the thece of
Planarly
tubercoulo infection infection and your
beling beling that residocio is a modified modified tubercul
PLAINTIF'S PLAINTIFF'S
3
#3
Countg Countg Countg Countg
Hamilton Hamilton
Countg
^ DEAR MALE
CHAMANAU
VHLISLES
WH HOTELKONNE HOTELKONNE , IL D.
HARITY L OLDINU
sult fps ew
THE TUBERCULOSIS HOSPITAL
'
CINCINNATI 5
WIL B. BICY BICY a TOTENETTETT
Yau G2. " " '
'
PLANTIPLANTI PLANTI NL
COMFY ARTIRALA
DOUBL DOUBL
ropert
produced taborealosis that in
Jour
of Indant Hygiene Vol 13 March 1931. on oxporimontally
in Bebeetos Sacted cavice I favorthe boltof
this ea it is likelythat acbootocio predisposetdo residosis
I will greatly appreciate your help in regard to chemical anyone
and your . comments if time permite to the above qeutqeutiican cqeuaticnan
Yours traly
Precis
huff ,
R.f. E. J. Hitterhoff H. D. DIRECTOR OF LABORATORILABEORATOSRIES
EJB b
Becember 25 1944
B.
( 11717
( 11717
Ritte Ritte Ritte Ritte
DirectDirector orDirector of LLaboraatobriesoratorieLasboratories Laboratories
The Cuberculosis HospHospiital tHoaspiltal
Ta TITRAM
CincinnatCinciin ati 8 Ohio
you po po you
Yh
/> /
/RRititetrhteerRit/herhee RiRttierthe/terhe RitRittterheeRirttehrhee
PLAINTIFS PLAPINTIFS LAINTIFFPSLAINTIFS
ESKHIBIT ESKHIBIT .
Ritterhoff
Rit erhof Ritterhoff
ches oHP ef
Riterhof Riterhof RiterhofRiterhof
Ritterhoff
Ritterhoff
Ritterhoff Ritterhoff
Ritterhoff
Ritterhoff
Ritterhoff
a very pleased indocd that you could let us
uch
BUTO uch a generoua oample of tissue for chemical analysis of your
Pedolnating Pedolnating Pedolnating sese of caroold and asbesto610 QA ILLA DATA AT QH1 won in ordetro ascertain what are prosoat The otory will inelio
Cas only ohonleal and tay diffraction anelyood but I shell cord it
off for a spectrographie analycia I ca doing thie Boause I am
Boohing fox control material to a series of carsold or sarcoid
cacoc fre the fluoroacent Acry industry I en doing everything that
I cry to determino whether theso pay to an industrial
environmentel environmentelenvironmentel
factor involved in the otlology Shua Paz we actually new vory 11ttle 11ttle :
Chose people nako fuarcsccnt and other typed of leap radio blbs
In a very olcan factory Doryille to andor caspicicbaat in apito af
scivo ately the saposure to any particular outstando esde Vory
2141801 Experimental work open many of the ohchicelo Lavalved hes ce
yet prodused no decisive resulte
It ta my can fooling that casid is probably due to
Come infeet to excel excel --"--, at--t,, he process ties Portapc it
G5 Q TO I can't recobello the Flotolegial plotero cith barcalecio
as Pires dose o cacily Fay Choc it com ilkoly that the dicendo id Quo
to Lozza Bacilli or othoz asid organion E boliore that if
P eatino g Po
cally eating eating
IIts tItss aabaab.
,,
as a
tant is consorned
friezer noshanice
itc role to all
punct to the ciras
fine 09rpro- pro-
de viatovor to da
would Is your caco the presence of asbestosic
deem deem
to no probably sorely coincidental at least this is the Pirot ties
thio oombinatiohans boon reported I have studies on approxiestely approxiestely
rift cases of acbostosio and I vo never been one complicated by
carsold I would infer that in your caed the two conditions conditions developed
^oreor
sobestools to is based to scae
probably leso sincitareously but that
before
the
tho
This
This
ap eared
degrus before the perooid appeared
This
sobestools
opinion
opinion
opinion
particien the odourenco of asbestos fibros and other iron containing containing
prosent was is
basebdased based
particieon n particien
prosent
on on
in
4ses within the later latel rloroorf the tuberclo nodules and in some
the
encrusted inclusions the glant gallo themselv69 The calcium encrusted
in
that elagsiatnit c sarocide colla are
tod10d
very frequent in all of the polmonary I do not know what they are but they look like
bite of
elastic
H.
J.
Alttech
Altech Alttech
20
Decontes
37
1946
1946
Close that have attractedattracted no
: otbord
an oyster chell
calto have of goations appearance whose origio is hardto imagine oc la the
those your caso a few of those
dooply stained bodico chich are a footer of
Jolleviah piicated portiona Bobcatos 4 carsold and in addition I noted 23 you bentioned corbain
of fibre that have a
which oad depocta may be
Thoda of course are not sono in und
piicated
bestoc On tho
other hand some of the acbestosid tedios in proparations have acced
Coat bigarro appearanbod.
At the rich of being stonou about the occustical occustical
I orposure would appreciate it if you would tell me what sort of a
plant the Philip
Macufacturing Capely operated whewhet ther h whee ther r cos
CareyMacufacturing have any idee of
nature of their their
E an intcocted of
thethe producto the but courio
not only
exposure to abbestod
in the rodelbility rodelbility
courio able of an exposure to florecent subotne0 Wo shall probably be
to
detorcine detorcine detorcidnetoercine detorcine detorcine detorcine
the presence or absence of the latter by
would opectrographic anelyoid but it
bo holpful to know what pocolbilities are involved
Passonally I would besitate to commit aclf on the
question of causal relationship between acbestcolo asd sarcold Bech
rolationship Gay fist but from the ovidence before do I would find it
airplcait to deside which o2G 05060 and which was effcot Tr ROTA 50
the fact that the two conditions oestr po raroly in the caso lure I would rather entertain the opinion that chenso bac roogonsible for their
cicultaneous occurence in your 6880
After we got ore various choical and ather actical
Cata Cata together I would be very glad to 6470 you my further corcents to
De ased in your 0070 report if you co dooiro my villc villc that after
inspecting the groca catorial I ca coro proceed with the extent
asbestosio
In comparison comparison with ocz other caterial the pigmented food
you as deen to show Boro Abroels Abroels and Ices Localised emphy
Logically thia UDO probably be oxplained by the prosence of carcoid
nodulce within the debostotio conos of roactio3
Again nay I express by eppssolation for being allowed
to study this unusually unusually interesting interesting caco
Sincerely yours,
LOG P
Leroy Leroy U. Jardner H. D.
DireDirecctor tDiroectror
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