Document 71eOM2n9w4Zrj3O4x0X14v2yg

try#- GOODWIN, PROCTER a HOAR (A PARTNERSHIP INCt-UOINO PROFESSIONAL CORPORATIONS) COUNSELLORS AT LAW EXCHANGE PLACE BOSTON, MASSACHUSETTS 02109 ^y ^ v.fr October 22, 1987 RECEIVED OCT 26 1987 G-A^OKteS^ TELEPHONE (617) S7Q-IOOC TELECOPIER (617) 523*1231 TELEX 04-0640 CABLE-GOO OP ROCT, BOSTON Keith S. Halpern, Esq. Silverglate, Gertner, Fine, Good & Mizner 88 Broad Street Boston, MA 02110 Re: Paul M. Cullinan, et al. v. The Monsanto Company, et al. Civil Action No. 85-0378-F Dear Keith: As X have indicated to you in previous correspondence and through a telephone call, I am in receipt of your letter dated July 8, 1987 requesting further answers to certain interrogatories in plaintiff's first and second set of interrogatories to the defendant The B.F. Goodrich Company. Enclosed are copies of B.F. Goodrichs' responses to your request for supplementation, which pleadings have not been filed with the court pursuant to the new local rules. In addition, I will respond individually to the interrogatories for which you have asked for supplementation and for which it has not been provided. Supplemental responses have been provided for interrogatories number 2 through 5 of the first set of interrogatories, and for interrogatories number 9, 15, 34, 42, 54 and 55 of plaintiff's second set of interrogatories. V7ith respect to the other interrogatories in the second set, I respond as follows: Number 11: I believe BFG's objections are valid and compelling. While you state that this "is a crucial inquiry, you in no way explain why it is so, nor do you explain how it is relevant to this particular lawsuit. Number 14: Given the small amounts of vinyl chloride and polyvinyl chloride provided by B.F. Goodrich to Monsanto at its Indian Orchard facility, I fail to see the relevance of the information you are seeking with respect to this particular lawsuit. tooqsxzz BFG19328 GOODWIN, PROCTER a HOAR Keith S. Halpern, Esq. October 22, 1987 Page Two Number 16: I see nowhere in the answer to this interrogatory the statement that responsive documents ''may exist," as stated in your letter. Rather, the answer indicates that the information can be found in documents and those documents will be made available to you, should you care to take the time to go out to the headquarters and review them. I believe Rule 33(c) specifically allows BFG the option of producing business records, which I have done. Number 20: Again, Rule 33(c) allows BFG to produce business records responsive to any interrogatory in which the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served. Those records will be produced to you should you care to take the time to review them at BFG1s Corporate Headquarters. Number 21: BFG will stick with its original response. Number 22: BFG will stick with its original response. Number 35: We believe this interrogatory has been answered sufficiently. Number 36: To the extent any correspondence and internal memoranda exist, they exist at the Health Environmental Services Department and BFG1s Corporate Headquarters in Bath, Ohio. These documents have been previously offered as being available to you for review and inspection, and we hereby repeat that offer. Number 37: Again, we believe we have the right to produce business records under Rule 33(c) and are doing so. I will not subject my client to preparing a list of each particular document when the burden of your doing so is no greater than theirs. Numbers 38 through 41: Again, twhee hraivgeht to produce business records pursuant to Rule 33(c). Number 44: Again, BFG has the right to produce business records under Rule 33(c) and is doing so. Number 48: We believe we have complied with our obligations under the rules. Number 50: Again, we will not summarize documents for you. Instead, BFG has opted to produce business records through Rule 33(c). Number 52: It i simply the case that the requested information is contained in prior responses, given that we have offered to produce business records which would be responsiVe to these interrogatories. 22195002 BFG19329 GOODWIN, PROCTER a HOAR Keith S. Halpern, Esq. October 22# 1987 Page Three Number 53: I disagree with your characterization that we have failed "without stating any basis" to respond to any of the subparts. In fact, I provided an appropriate and compelling objection to this burdensome interrogatory. Number 65: I believe we have responded fully to your interrogatory. Number 69: I believe that our answer is responsive, but to the extent you need further clarification, see response to interrogatory Number 20 in which we opt to produce business records. Number 70: Again, I believe BFG has the right to produce business records and has opted to do so. I believe you have produced a very comprehensive but repetitious set of interrogatories. I believe if you take the time to review business documents which have been offered to you, you could save yourself and me much time and energy. I am prepared to go to court to defend the objections to your interrogatories, and I am also willing to speak with you on the phone to further clarify materials you are seeking pursuant to these broad and all inclusive interrogatories. Please contact me if you wish to discuss this further. TJL:eog Enclosures cc: Lane McGovern, Esq. Robert P. Powers, Esq. SVS-5542/B bcc: Allan van Gestel, Esq. Joseph L. Cotter, Esq. P-Sary A. Jones, Esq. R.E. Wildey BFG19330 EOQQGXZZ ( UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS WESTERN SECTION *********. ****** * * * * PAUL M. CULLINAN, et al.. * * Plaintiffs * * v. * * MONSANTO COMPANY, et al., * .* Defendants * * *************** * * * CIVIL ACTION NO. 85-0378-F DEFENDANT THE B.F. GOODRICH COMPANY'S RESPONSE TO PLAINTIFF'S REQUEST FOR SUPPLEMENTATION OF ANSWERS TO INTERROGATORIES (Set I)___________ Defendant The B.F. Goodrich Company {"BFG") hereby supplements its answers to interrogatories numbered 2 through 5, set I. The following supplemental answers are intended to supplement and not replace the responses previously filed by 3FG. By responding further to these interrogatories, BFG does not intend to waive its prior responses and objections, and states that the following supplemental responses are made subject to its specific objections and answers to each interrogatory contained in the Answers and Objections of Defendant The B.F. Goodrich Company to Interrogatories Propounded By the Plaintiff(s), Set I, filed on or about April 28, 1986. 22196001 BFG19331 Supplemental Answer to Interrogatories Nos. 2, 3, 4 and 5. BFG has no records showing that it supplied or sold PVC and/or VC to Monsanto's Texas City facility prior to 1979. The B.F. Goodrich Company By its^attorneys. SVS--5500/B GOODWIN, PROCTER & HOAR Exchange Place Boston, MA 02109 (617) 570-1000 CERTIFICATE OF SERVICE I hereby cert:*/ on this day a true copy of the above c; was served upon the attorney ofI rI sCcsii.w i i.-j: ;.sch ,najj Dated: /a fimothy^ai Z009STZZ 2 BFG19332 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS WESTERN SECTION ***************** * * PAUL M. CULLINAN, et al., * * Plaintiffs, * A v. * MONSANTO COMPANY, et al., * * Defendants. * * ***************** * CIVIL ACTION NO. 8 5--03 78--F DEFENDANT THE B.F. GOODRICH COMPANY'S RESPONSE TO PLAINTIFF'S REQUEST FOR SUPPLEMENTATION OF ANSWERS TO INTERROGATORIES (Set II?_________ Defendant The S.F. Goodrich Company ("3FG") hereby supplements its answers to certain interrogatories in plaintiffs' second set of interrogatories to BFG. The following supplemental answers are intended to supplement and not replace the responses previously filed by BFG. By responding further to these interrogatories, BFG does not intend to waive its prior responses and objections, and states that the following supplemental responses are made subject to its specific objections and answers to each interrogatory contained in the Answers and Objections of Defendant The B.F. Goodrich Company to Plaintiffs' Second Set of Interrogatories, filed on or about September 26, 1986. Supplemental Answer to Interrogatory No. 9: BFG states that as a chemical manufacturer it makes reasonable efforts to 0096122 <l keep current as to the results of any research or other studies which are of interest to the chemical industry generally, including studies relating to the health effects of chemical exposure. Following is a partial list of publications and reports of which BFG was aware prior to 1980: Malignant Tumors of the Liver and Lungs in an Area with a PVC. Industry Saric, M; Kulcar, Z; Zorica, M; Gelic, I Environmental Health Perspectives, Vol. 17, pp. 189-192 1976, October Pulmonary Changes Among Vinyl Chloride Polymerization Workers Lilis, Rr--Anderson, H; Miller, A; Selikoff, IJ Vol. 69, No. 2, pp. 299-303 1976, February Evaluation of Mortality in BF Goodrich Workers: Follow-Back Study of Medical Records and Death Certificates (Final Report) 1974, May 17 A Medical Records and Industrial Hygiene Studies for BFG 1974, March 20 Birth Defects and Vinyl Chloride Edmonds, CDC NIOSH, Conference on Women and the Workplace (Washington) 1976, June 17-19 Vinyl Chloride and Congenital Malformation CDC 1976 Working Conditions and Measures for their Sanitation in the Production and Utilization of Vinyl Chloride Plastics Tribukh, SL; Tikhomirova, NP; Levin, SV; Kozlov Arg. Sanit., Vol. 10, pD. 38-45 1949 The Toxicity of Vinyl Chloride as Determined by Repeated Exposure of Laboratory Animals H m exzz 2 BGH19333 ( Torkelson, TR; Oyen, F; Rowe, VK American Industrial Hygiene Association, 5, pp. 354--361 1961, October Vol. 22, No. VCM from PVC During Thermal Decomposition 1975 Mortality Among Vinyl Chloride Workers: Monson, RR 1974, August 17 Abstract Only Scientific and Technical Assessment Report on Vinyl Chloride and Polyvinyl Chloride EPA, 600/6-75-004 1975, June The Effects of Organic Compounds Used in the Manufacture of Plastics on the Responsitivity of Murine and Human Lymphocytes Thurman, GB; Simms, 3G; Goldstein, AL; Kilian, DJ Tox. and Aoplied, Vol. 44, pp. 617-641 1978 Effects of Inducers on the In Vivo Covalent Binding of a vinyl Chloride Metabolite to Liver Fractions Pessayre, D; Wandscheer, JC; Descatoire, V; Dolder, A; Benhamou, JP Biochemical Pharmacology, Vol. 28, pp. 3667-3668 1979 Epidemiologic Considerations in the Design of Toxicologic Studies: An Approach to Risk Assessment in Humans Woods, JS, NIH Vol.. 38, No. 5, pp. 1892-1896 1979, April Oncogenic and Mutagenic Risks in Communities with Polyvinyl Chloride Production Facilities Infante, PF Annals of the New York Academy of Sciences 1976 Calculations of the Amount of VCM Metabolized at Various Concentrations Hinderer, RK 1978 Biochemical Alterations in Livers of Rats Exposed to Vinyl Chloride 22196005 3 BFG19234 { DU JT; Sandoz, JP; Tseng, MT; Tamburro, CH Journal of Toxicology and Environmental 5, pp. 1119-1132 1979 Health, Vol. Neoplastic Risk Among Workers Exposed to Vinyl Chloride Waxveiler, RJ; Stringer, W; Wagoner, JK; Jones, J; Falk, H; Carter, C Annals of the New York Academy of Sciences, Dp. 40-48 1976 Epidemiological Study of Vinyl Chloride Workers: Final Report 1978, December Epidemiologic Study of Vinyl Chloride Workers Employed by Union Carbide Corporation, South Charleston Plant 1976, December Results of Prospective Mortality Study on Humans Exposed to VC/PVC Frentzel-3eyme, VR; Schmit2, T; Thiess, AM 1978, October Contemporary Pest Control Practices and Prospects Vol. I: Carcinogenesis in Man and Laboratory Animals 1975 Occupational Lung Disease--Agents of Inorganic Origin Wagner, JC pp. 213-220 1977, June An Epidemiologic Investigation of Lung Cancer in a Multixenobiotic Occupational Environment Waxweiler, RJ, University of North Carolina University of North Carolina 1978 The Medical Commission on the Production of PVC 1974, December Preliminary Report on the Medical Examination of 288 Employees at the PVC Plant, Norsk Hydro A.S. , Porsgrunn Fabrikker Hillestad, L 1975, January 31 Occupational Acroosteolysis III. A Clinical Study Dodson, VN; Dinman, 3D; Whitehouse, WM; Nasr, AHM; Magnuson, HJ 22196006 4 BFG19335 Arch. Environ. Health, Vol. 22 1971, January Occupational Acroosteolysis II. An Industrial Hygiene Study Cook, WA; Giever, ?M; Dinman, BD; Magnuson, HJ Arch. Environ. Health, Vol. 22 1971, January Occupational Acroosteolysis: I. Study Dinman, DB; Cook, WA; Whitehouse, Ditcheck, T Arch. Environ. Health, Vol. 22 1971, January An Epidemiological WM; Magnuson, HJ; Vinyl Chloride Content of Subcutaneous Adipose Tissue from Vinyl Chloride Polymerization Workers Knittle, J; Fontanares, P; Daum, S; Selikoff, IJ 1974, December Concerning the Principles and Methods of Toxicological Assessment of Volatile Substances Released by Synthetic Polymers Trakhtenberg, IM; Bartenev, VD; Savitskii, IV; Balashov, VE Vol. 33, pp. 109-112 1968, January Vinyl Chloride: Code of Practice for Health Precautions Health and Safety Executive, pp. 1-41 1975, February Health Effects of Vinyl Chloride Monomer: An Annotated Literature Collection Warren, H; Huff, JE Environmental Health Perspectives, Vol. ll, pp. 1975, June 251-252 Vinyl Plastics: Their Dermatological and Chemical Aspects Morris, GE Archives of Industrial Hygiene & Occupational Medicine, Vol. 8, pt>. 535--539 1953 Contact Dermatitis from Plastics containing Tri-Aryl Phosphates Pegum, JS British J. of Dermatology, Vol. 78, pp. 626--631 1966 5 BFG19336 t What's in pvc Little, K. Vol. 2, pp. 351-352 1968 Acropathy of the Extremities Associated with VC Polymerization--A New Occupational Disease Kovac, A.; Kurajica; L.; Juric-Ruzic, D.; Parac B. Vol. 91, No. 5, pp. 5-17 1969 Contact Dermatitis Due to Table Cloth Cover of Vinyl Plastic Fabric Hitschmann, OB 1950 Angiosarcoma of the Liver in Vinyl Chloride/Polyvinyl Chloride Workers J. of Occupational Medicine, Vol. 16, No. 12 1974 Cytogenetic Studies of Bone Marrow Cells from Rats Exposed to Vinyl Chloride Johnston, RV; Mensik, DJ; Pinkerton, MN; Whorton, EB 1975 Carcinogenicity Bioassays of Vinyl Chloride: Research Plan ana Early Results Lefemine, G; Maltoni, C Environmental Research, Vol. 7, pp. 387-405 1974 Vinyl Chloride Induced Liver Disease Thomas, LB; Popper, H; Berk, PD; Selikoff, I; Falk, H 1975 Experiments on the Chronic Toxicity of a Copolymer Vinyl and Vinylidine Chloride Seeler, AO; Clinton, M; Boggs, J; Drinker, P Harvard Univ. 1947 of Industry's Latest Cancer Scare 1974, February Properties and Essential Information for Safe Handling and Use of Vinyl Chloride 1972 Further Studies of Polymers as Carcinogenic Agents Animals Oppenheimer, BS; Oppenheimer, ET; Danishefsky, I; Stout, AP; Eirich, FR in 80096122 6 BFG19337 ( Cancer Research, Vol. 15, pp. 333-340 -1955 Oncogenic Response of Rat Skin Lungs and Vinyl Chloride Caputo, A; Bigotti, A; Viola, PL Cancer Research, Vol. 31, pp. 516-522 1971, May Bones to The Correlation of Clinical and Environmental Measurements for Workers Exposed to Vinyl Chloride Kramer, CG; Mutchler, JE AIHA, Vol. 33, No. 1, pp. 19-30 1972, January Working Conditions and Measures for their Sanitation in the Production and Utilization of Vinyl Chloride Plastics Tribukh, SL; Tikhomirova, NP; Levin, SV; Kozlov, LA 1949 Ten Canadian Cases of Angiosarcoma of the Liver in Vinyl Chloride Workers Delorme, F 1978 Vinyl Chloride Content of Subcutaneous Adipose Tissue from Vinyl Chloride Polymerization Workers Knittle, JL; Fontanares, P; Daum, S; Selikoff, IJ 1974 Hemangiosarcoma and Hepatocellular Carcinoma of the Liver Following vinyl Chloride Exposure Gokel, JM; Liebezeit, E; Eder, M 1976 Association Hepatoma in Delorme, F 1978 cf an Angiosarcoma of the a Vinyl Chloride Worker Liver with a Scleroderma Like Skin Changes, Raynaud's Syndrome and Acroosteolyses in Workers in the Polyvinyl Chloride Producing Industry June, S; Lange, CE 1972 Toxic Trigeminal Disease and Polyvinylidene Chloride Krieger, J; Warter, JM; Mengus, M; Mehl, J; Isch, F 1971 60O9&TZ2 7 BFG19338 Occupational Acroosteolysis (AOL): An Epidemiologic Investigation of a New Disease Among Polyvinyl Chloride Synthesis Workers Magnuson, J.; Dinman, SD; Cook, WA; Giever, PM; Whitehouse, WM 1969, September 22-27 Occupational Acroosteolysis Markowitz, SS; McDonald CJ; Fethiere, W; Arch, Dermatol., Vol. 106, pp. 219-223 1972, August Kerzner, MS Occupational Lesions of the Skin due to PVC Sonneck, HJ 1962 Occupational Acroosteolysis Wilson, RH; McCormick, WE; Tatum, CF; JAMA, Vol. 210, NO. 8, pp. 577-581 1967, August 21 Creech, JL Occupational Carcinogenesis Maltoni, C. 1973, April 9-12 Acute Inhalation Toxicity of Vinyl Chloride to Laboratory Animals Mastromatteo, E; Fisher, AM; Christie, H; Danziaer, J. of AIHA, Vol. 21, do. 394-398 1960 H Chronic Oral Toxicity to Rats of a Vinyl Chloride-vinyl Acetate Copolymer Smyth, HF; Weil, CS Tox and Aoolied, Vol. 9, pp. 501-504 1966 One-Year Time Sequence Inhalation Toxicity Study of Vinyl Chloride in Rats; I. Growth, Mortality, Haematology, Clinical Chemistry and Organ Weights Feron, VJ; Kruysse, A; Til, HP Vol. 13, no. 25-28 1979 Anesthesia XXVII: Narcosis with Vinyl Chloride Oster, RH; Carr, CJ; Krantz, JC Vol. 8, Dp. 359-361 1947, July One-Year Time-sequence Inhalation Toxicity Study of Vinyl Chloride in Rats; II. Morphological Changes in the Respiratory Tract, Ceruminous Glands, 3rain, Kidneys, Heart and Spleen 22198010 8 BFG19339 Feron, VJ; Kroes, R Vol. 13, pp. 131-141 1979 One-Year Time-Sequence Inhalation Toxicity Study of Vinyl Chloride in Rats: III. Morphological Changes the Liver Feron, VJ; Spit, 3J; Immel, HR; Kroes, R Vol. 13, pp. 143-154 1979 in Effects of Single and Repeated Exposures of Humans and Rats to Vinyl Chloride Lester, D; Greenbera, LA; Adams, WR J. of AIHA; Vol. 24, pp. 265-275 1963, May-June Pharmacokinetics of Vinyl Chloride in the Rat Bolt, HM; Laib, RJ; Kapous, H; Buchter, A Vol. 7, pp. 179-188 1977 Disposition of (1,2-14C) Vinyl Chloride in Rat 3olt, HM; Kappus, H; 3uchter, A; 3olt, W Vol. 35, No. 3, pp. 153-162 1976 Studies on the Metabolism of Vinyl Chloride Antweiler, H Vol. 17, pp. 217-219 1976 Metabolism of Vinyl Chloride Watanabe, PG; Hefner, RE; McGowan, GR; Gehring, PJ 1974, November 14 Vinyl Chloride Induced Depression of Hepatic Non-protein Sulfhyaryl Content ana Effects on Bromosulphalein (BSP) Watanabe, PG; Hefner, RE; Gehring, PJ 1976 Hepatic Macromolecular Binding Following Exposure to Vinyl Chloride $0 30 IH* 9 BFG1934 I Watanabe, PG; Zempel, JA; Pegg, DG; Gehring, PJ Tox and Applied, Vol. 44, pp. 571-579 1978 A Procedure for Preparing l4C-Labeled Vinyl Chloride Wagner, SR; Muelaer, ww Vol. 246, pp. 152-153 1975, January 31 Cytochrome P-450 and the Metabolism of Vinyl Chloride Salmon, AG Vol. 2, No. 2, pp. 109-114 1976 A Gas-Chromatographic Method for the Preparation of 14C-Labeled Vinyl Chloride Wagner, SR; Muelder, WM; Watanabe, PG; Hefner, RE; Braun, WH; Gehring, PJ Vol. 11, No. 4, pp. 535-542 1975 Activation of Vinyl Chloride to Covalently Bound Metabolities: Roles of 2-Chloroethylene Oxide and 2-Chloroacetalaehyde Guengerich, FP; Crawford, WM; Watanabe, PG Vol. 18, No. 23, pp. 5177-5182 1979 Testimony: Pharmacokinetics of Vinyl Chloride Gehring, PJ 1976, February 2 Acro-Osteolysis Occurring in Men Engaged in the Polymerization of Vinyl Chloride Harris, DK; Adams, WGF Vol. 3, pp. 712-714 1967 Percutaneous Absorption of Vinyl Chloride Hefner, RE; Watanabe, PG; Gehring, PJ Tox and Applied, Vol. 34, pp. 529-532 1975 Hepatic Lesions Caused by Vinyl Chloride Monomer in Humans: Study of Eight Clinicopathological Cases Pialat, J; Pasguier, 3; Pahn, M; Kopp, N Vol. 27, No. 6, pp. 361-375 1979 Investigation of the Diseases Produced by Vinyl Chloride 10 BFG19341 23JL06O1Z Suciu, I Vol. 15, pp. 967-978 1963, August Angiographic and Radionuclide Characteristics of Hepatic Angiosarcoma Found in Vinyl Chloride Workers Whelan, JG; University of Louisville; Creech, JL; Tamburro, CH Vol. 118, No. 3, pp. 549-557 1976, March The Pathology of 111 Malignancy Collected Cruickshank, AH Vol. 14, pp. 120-131 1961, March Cases of Primary Hepatic in the Liverpool Region Occupational Acroosteolysis - A Clinical Investigation of Polyvinyl Chloride Synthesis Workers Dinman, 3D; University of Michigan; Dodson, VN; Magnuson, HJ; Whitehouse, WM 1969 Occupational Acroosteolysis; Part III. A Clinical Study Dodson, VN; Dinman, 3D; Whitehouse', WM; Nasr, ANM; Magnuson, HJ Arch Environ Health, Vol. 22, pp. 83-91 1971, January Occupational Acroosteolysis; Epidemiological Study Dinman, BD; Cook, WA; Whitehouse, WM; Magnuson, HJ; Arch Environ Health, Vol. 22, 1971, January Part I. An Ditcheck, T; pp. 61-73 Mutagenicity of Vinyl Chloride, Vinylidene Chloride and Chloroprene in V79 Chinese Hamster Cells Drevon, C; Kuroki, T Vol. 67, po. 173-182 1979 Hepatic Macromolecular Binding Following Exposure to Vinyl Chloride Watanabe, PG; Zempei, JA; Pegg, DG; Gehring, ?J 1977, April 5 Mutagenicity in Vitro and Potential Carcinogenicity of Chlorinated Ethylenes as a Function of Metabolic Oxirane Formation 1096122 ll BFG19342 Greim, H; Bonse, G; Radwan, Z; Reichert, D; Henschler, D Vol. 24, pp. 2012-2017 1975, July Life-Span Oral Toxicity Study of Vinyl Chloride in Rats Feron, vj; Hendriksen, CFM; Speek, AJ; Til, HP; Spit, BJ 1978, October Final Report of Audit Task Group on Lifetime Inhalation Study on Vinyl Chloride at Industrial Bio-Test Labs, Inc. 1978 Vinyl Chloride Pathology Report 1979, January 9 Chronic Vapor Inhalation Toxicity Study with Vinyl Chloride (Ethylene Derived) in Albino Rats, Albino Mice and Golden Hamsters 1975, September 23 Chronic Vapor Inhalation Toxicity Study with Vinyl Chloride 1973, February Protocol Amendments and Communication for the vcm Lona-Term Inhalation Study 1973 to 1978 Vinyl Halides Carcinogenicity NIOSH and OSHA Current Intelligence Bulletin No. 28 1978, September 21 Occupational Acroosteolysis: Report of 31 Cases Wilson, RK; McCormick, WE; Tatum, CF; Creech, JL JAMA, Vol. 201, pp. 577-581 1967, August 21 Cardiovascular Disease Rosenman, KD Vol. 38, pp. 85-97 1979 and Environmental Exposure Health Hazard Evaluation/Toxicity Determination Report: Gates Rubber Company Gunter, BJ; Lucas, JB NIOSH, Report No. H.H.E. 74-61-232 1975, November nmsxzz 12 BFG19343 / Volatile Materials from Geon Hi-Temp Crider, LB 1966, June 30 Oncogenic and Mutagenic Risks Polyvinyl Chloride Production Infante, PF New York Academy of Science 1975 in Communities Facilities with Mutagenicity of Vinyl Chloride Chloroethyleneoxide Chloroacetaldehyde and Chioroethanol Malaveiile, C.; 3arzsch, H.; et al. Biochemical and Biophysical Research Communication 1975 Pneumoconiosis Formed After Polyvinyl-Chloride Dust Szende, B.; et al. Orvosis-Ketilap, Vol. 112 1971 Inhaling Pharmacodynamics and Uptake of Vinyl-Chlorine Monomer Administered by Various Routes to Rats Withey, J., Jr. J. of Tox, and Envir. Health, Vol. I 1976 Proportional Mortality Among Vinyl Monson, RR; et al. Lancet 1974, August 17 Chloride Workers A Surface Active Agent Involved in Haemolysis Richards, RJ; Desai, R; Rose, FA Nature, Vol. 260 1976, March PVC Induced Genetic Risks of Vinyl Chloride Infante, PF; et al. Lancet, Vol. 1 No. 7978 1976, June Mutagenicity of Chloroacetalydehyae, A Possible Metabolic Product of 1,2-Dichloroethane (Ethylene-Dichloride), Chioroethanol (Ethylene Chlorohydrin), Vinyl Chloride, and Cyclophosphamide McCann, James; et al. Proc. Nat. Acad. Sci., USA, Vol. 72, No. 8 1975, August 22196015 13 BFG19344 / The Biological Fate in Rats of -Relation to its Oncogenicity Green, T; Hathway, DE Chem. Biol. Interactions/ Vol. 1975 Vinyl 11 Chloride in Observations on the Oral Administration of Vinyl Chloride in Rats Feron, VJ; et ai. Fd. Cosmet. Toxicol./ Vol. 13 1975 and Toxicity Proportional Mortality Among Vinyl Chloride Workers Monson, RR; Peters, JM; Johnson, MN Environmental Health Perspectives, Vol. 11 1975, June Preliminary Studies on the Fate of Inhaled vinyl Chloride Monomer (VCM) in Rats Hefner, RE; Watanabe, FG; Gehring, PJ Environmental Health Perspectives, Vol. 11 1975, June Biochemical Toxicology of Unsaturated Halogenated Monomers Jaeger, RJ, et al. Environmental Health Perspectives, Vol. 11 1975, June Pulmonary Function Defects in Non-Smoking Vinyl Chloride Workers Miller, A. Environmental Health Perspectives, Vol. 11 1975, June vinyl Chloride Dependent Mutagenesis; Liver Extracts and Free Radicals Garro, AJ; et al. Mutation Research, Vol. 38 1976 Effects of Mutagenic and Carcinogenic Effects of Vinyl Chloride Bartsch, H; Montesano, R Mutation Research, Vol. 32 1975 Mortality Study of Workers in the Manufacture of Vinyl Chloride and its Polymers Tadershan, IR; Gaffey, WR JOM, Vol. 16, No. 8 1974 14 BFG19345 Final Report on FVC Fabricators Chiazzi, et al. ORC: Mortality 1976 Mortality Study Covering Employees PVC Fabricators - Final Report of Quantitative Risk Assessment for Community Exposure to Vinyl Chloride Kuzmack, AM; McGaughy, RE EPA: Risk of Living by VC-PVC Plants 1975 Hepatic Angiosarcoma Associated with Androgenic-Anabolic Steroids Falk, H; Popper, H; Thomas, L3; Ishak, Lancet 1979, November 24 KG Vinyl Chloride Exposure in a Controlled Industrial Environment Ott, NG; Langner, RR; Holder, 3B Archives of Environmental Health, Vol. 31 1975, July Ten Cases of Angiosarcoma of Quebec Delorme, F; Theriault, G Montreal Medical Society 1976 the Liver in Shawinigan, Malignant Tumors Resulting from Imbedding Plastics Rodents Oppenheimer, BS; Oppenheimer, ET; et al. Science, Vol. 129 1953, November 11 in Elevated CEA Levels in Theriault, L; Delorme, Biomedicine, Vol. 25 1976 Polyvinyl F Chloride Workers Fate of (14-C) Vinyl Chloride After Single Oral Administration in Rats Watanabe, PG; McGowan, GR; Gehring, PJ Toxicology and Applied Pharmacology, Vol. 36 1976 Proposal for a Council Directive on the Approximation of the Laws of the Member States Relating to Materials and Articles Containing Vinyl Chloride Monomer and Intended to come in contact with foodstuffs < .T 0 9 6 T 2 Z 15 BFG19346 European Economic Community Determination Official 1976 Risk Benefit Analysis Chloride Wilson, R Harvard University 1976 for Toxic Chemicals: Vinyl Accidental Poisoning by Vinyl Chloride: Report of Two cases Danziger, R. Canadian Medical Association J., Voi. 82 1960 Vinyl Chloride Experiments on Small Animals Mastromatteo, E. 1959 Acute Response of Guinea Pigs to Vapors of Some New Commercial Organic Compounds Patty, PA; Yant, WP; Waite, CP Public Health Reports, Vol. 45, No. 34 1930 Ethylene Oxide Toxicity; A Biological Model for the Study of Tissue Reactions to Retained Ethylene Oxide Andersen, S. 19$9 Pathology of Vinyl Chloride Viola, PL La Medicina Del Lavoro, Vol. 1970 61, No. 3 Effects of Vinyl Chloride in Man: A Cytogenetic Follow-up Study Hansteen, IL; Hillestad, L; Tmiisevensen, E; Heldaas, ss Mutation Research 1978 Angiosarcoma of the Liver Chloride Workers Snirtas, R; Kaminski, R. JOM, Vol. 20, No. 6 1977, June in Vinyl Chloride/Polyvinyl 4* T096TZZ 16 BFG19347 ( Carcinogenicity of Vinyl Chloride and Vinylidene Chloride Lee, CC; Bhandari, JC; Winston, JM; House, WB; Dixon, RL; Woods, JS Toxicology and Environmental Health, Vol. 4 1978 Smoking and Occupational Cancers Hoffmann, D.; Preventive Medicine, Vol. 5, No. 1976 2 Squamous cell Carcinoma of the 3uccal Mucosa Associated with Chronic Oral Polyvinyl Chloride Exposure: Report of a Case Casterline, CL; Casterline, PF; Jaques, DA Cancer, Vol. 39 1977 In Vivo Observations of Skin Capillaries in Workers Exposed to Vinyl Chloride - An English American Comparison Maricq, MR; Darke, CS; Archibald, RM; Leroy, EC Brit. J. Indus. Med., Vol. 35 1978 Report on a Case Control Study Covering White Female Emoloyees of PVC Fabricators 1977 Mortality Among Employees of PVC-Fabricators Chiazze, L; Nichols, WE; Wong, 0 JOM, Vol. 19, No. 9 1977 Angiosarcoma of the Liver: An Epidemiologic Survey Brady, J; Liberatore, F; Harper, P; Greenwald, P; 3urnett, W; Davies, JNP; 3ishop, M; Polan, A; Vianna, J-O-F NCI, Vol. 59, No. 5 1977 N Urinary Glycosamimoglycan Patterns in Angiosarcoma of the Liver Curran, KL; Kuochella, CE; Tamburro, CH 1977 6T09GTZZ 17 BpGl9348 Summary of the Studies Conducted on the Pharmacokinetics/Metabolism of Vinyl Chloride in Rats Watanabe, PG; Hefner, RE; Zempel, JA; Pegg, DG; Park, CN; Gehring, PJ 1977 Pulmonary Tumors Induced in Mice by Vinyl Chloride Monomer Suzuki, Y Envir. Research, Vol. 16 1978, July Living with Carcinogens Parkes, HG 1974 A Statistical Assessment of the Quantitative Uptake of Vinyl Chloride Monomer from Aqueous Solution Withey, JR; Collins, ST J. of Tox. and Envir. Health, Vol. 2 Congenital Central Nervous System Malformations and Vinyl Chloride Monomer Exposure: A Community Study Edmonds, LD; Anderson, CE; Flynt, JW Jr.; James, LM Teratology, Vol. 17 1978 Angiosarcoma of Baxter, PJ Lancet 1976, Jan. 31 the Liver in PVC Fabricators Fate of Vinyl Chloride Following Inhalation exposure in Rats Watanabe, PG; McGonan, GR; Madrid, EC; Gehring, PJ Tox. and Applied Pharm., Vol. 39 1976 Epidemiological Study of the Mortality of Workers Exposed to vinyl Chloride VC in the FRG Reinl, W; Weber, N; Greiser, E 1977 Development of Hepatic Angiosarcoma in Man Induced by Vinyl Chloride, Thobotrast and Arsenic Popper, H; Thomas, LB; Telles, NC; Falk H; Selikoff, IJ Amer. J. of Pathology, Vol. 92, No. 2 1978, Aug. An Epidemiologic Investigation of an Excess Lung Cancer Risk in a Synthetic Chemicals Plant 0Z096TZZ 18 BFG19349 ( Waxweiler, RJ; Smith, AH; Tyroler, HA; Falk, H 1978 Lung Cancer at a Polyvinyl Chloride PVC Polymerization Facility Falk, H; Waxweiler, RJ; Herbert, J; Kuschner, M; Auerbach, O; Makk, L; Tamburo, C 1979 Capillary Abnormalities in Polyvinyl Chloride Production Workers Maricq, HG; Johnson, MN; Whetsteon, CL; Leroy, JAMA, Vol, 236, No. 12 1976 EC Hepatosplenic Angiosarcoma: Report of a Case and Review of the Literature Libeskind, M; Lugagne, F; Malbran, J; Villemant, JF; Guyet-Rousset, P Gastroenterol. Clin. Biol., Vol. 1 1977 Chromosomal Analyses in Vinyl Chloride Exposed Workers Richardson, CR; Anderson, D; Paddle, GM; Adams, WGF Mutation Research, Vol. 57 1978 Comparison of the Fate of Vinyl Chloride Following Single and Repeated Exposure in Rats Watanabe, ?G; Zempel, JA; Gehring, PJ Toxicology and Applied Pharmacology, Vol. 44 1978 Polyvinyl Chloride Pneumoconiosis: Epidemiological Study of Exposed Workers Dust, PVC; Mastrangelo, G; Manno, M; Marcer, F; Bartolucci, GB; Gemignani, C; Saladino, G; Simonato, L; Saia, B JOM, Vol. 21, No. 8 1979 Influence of Polyvinyl Chloride PVC Dust on Rat Respiratory System Popov, J. 1969 Toxicology, Carcinogenicity and Reproductive Effects of Single and Multiple Exposures to vinyl Chloride in Rats and Mice Hehir, RM; McNamara, BP; McLaughlin, J, Jr.; Willigan, DA; Bierbower, G; Hardisty, JF 1980 19 4 * Induction of Gene Mutations and Gene Conversions by Vinyl Chloride Metabolites in Yeast Am Cancer Research, Vol. 36 1977 Mortality Experience of Workers Exposed to Vinyl Chloride Monomer in the Manufacture of Polyvinyl Chloride in Great Britain Fox, AJ; Collier, PF Brit. J. of Indus. Med., Vol. 34 1977 Mortality and Cancer Morbidity in a Group of Swedish VCM and PVC Production Workers Byren, D; Engholm, G; Engluna, A; Westerholm, P Envir. Health Perspectives, Vol. 17 1976 Polyvinyl Chloride Pneumoconiosis Arnaud, A; DeSanti, P; Garbe, L; Payah, Charpin, J. Thorax, Vol. 33 1978 H; The Chemistry and Biogenesis of the S-Containing Metabolities of Vinyl Chloride in Rats Green, T; Hathway, DE Chem. Biol. Interactions, Vol. 17 1977 Comparative Mammalian Metabolism of Vinyl and Vinyiidene Chlorides in Relation to Oncogenic Potential Hathway, DE Envir. Health Perspectives, Vol. 21 1977, December Monitoring Liver Disorders in vinyl Chloride Monomer Workers Using Greyscale Ultrasonography Williams, DMJ; Smith, PM; Taylor, KJW; Crossley, IR; Duck, BW Brit. J. of Indus. Med., Vol. 33 1976 20 BFG19351 Angiosarcoma of Exposure Block, JB JAMA, Vol. 229, 1974 the No. Liver 1 Following Vinyl Chloride Clinical and Morphologic Features of Hepatic Angiosarcoma in vinyl Chloride Workers Makk, L; Delorme, F; Creech, JL; Ogden, II; Fadell, EF; Songster, CL; Clanton, J; Johnson, MN; Christopherson, WM Cancer, Vol, 37, No. 1 1976 Angiosarcoma of the Liver in the Liver in the Manufacture of Polyvinyl Chloride Creech, JL; Johnson, MN JOM, Vol. 16, No. 3 1974 Mortality Experience of a Cohort of Vinyl Chloride Polyvinyl Chloride Workers Holson, HJ; Hammond, EC; Seidman, M; Selikoff, IJ Annals NY Academy Sciences Characteristics of Cases of Angiosarcoma of the Liver Among Vinyl Chloride Workers in the U.S. Resolution of Dose Response Toxicity Data for Chemicals Requiring Metabolic Activation: Example Vinyl Chloride Gehring, ?J; Watanabe, PG; Park, CN Human Response 1977 Effect of Occupational and Nonoccupational Factors on the Respiratory System of Vinyl Chloride and Other Workers Gamble, J; Liu, S; McMichael, AJ; Waxweiler, RJ JOM, Vol. 13, No. 10 1976 21 BFG19352 ( Hemangiosarcoma of the Liver Landrigan, PJ CDC 1974 Hepatic Angiosarcoma in a Vinyl Chloride Worker Williams, NJ; Evans, DMD New York Academy Med., Vol. 52, No. 4 1976 The Value of Predictive Experimental Environmental Carcinogeneses an Example: Vinyl Chloride Maltoni, C Ambio, Vol. 4, No. 1 1975 Vinyl Chloride and Angiosarcoma Block, JB J. of Kentucky Med. Assoc. 1974 On the So-called Vinyl Chloride Disease Juhe, S; Lange, GE; Stein, G; Veltman, G Deutsche-Medizihische-Wochenschrift, Vol. 1973 98, No. 43 Chronic Toxic. Liver Damage in the Case of PVC Production Teller, HJ., et al. Deut. Med. Wochenschr., Vol. 98, 2311-4 1973 Workers in Vinyl Chloride Monomer Levels in Edible Fats Fuchs, G; Gawell, BM; Albanus, L; Slorach, S VAR FODA 27--(3)--134--145 1975 An Epidemiological Study of Vinyl Chloride Exposed Workers in Italy Bertazzi, PA; Villa, A; FOA, V; Saia, B; Fabbi, L; Mapp, C; Marcer, C; Manno, M; March, M; Mariani-Bottasso, F. Arh. Kig. Rada. Toxsikol, Vol. 30 1979 Polyvinyl Chloride Biomedical Products; Toxicity Testing and Identification of Additives Geertz, H; Dyer, K; Johnson, D; Miller, 3; Taylor, Sharp, W Trans. Amer. Soc. Artif. Int. Organs, Vol. 20 1974 B; 22 BFG19353 r < Angiosarcoma of the Liver in. Workers Who have Prolonged Contact with Vinyl Chloroide: Epidemiology Program VC Workers Nakk, L; Delorme, F; Creech, JL TOME, Vol. 104 1975 Toxicology of Plastics Having Contact with Blood: Report Program Progress Josefhson, AM. 1975 Epidemiological Studies of Vinyl Effects in the United States Roy. Soc. Med., Vol 69 1976 Chloride Health Experimental Chronic Poisoning with Vinyl (Monochlorethene) Preban, L; Suciu, I; Pislaru, V; Ilea, E; Annals New York Academy of Sciences Chloride Pascu, L Pneumoconiosis Caused by the Inhalation of Chloride Dust Szende, B; Lapis, K; Nemes, A; Pinter, A Med. Lavoro, Vol. 61, No. 8-9 1970 Polyvinyl The Toxicity of Vinyl Chloride as Determined by Repeated Exposure of Laboratory Animals Torkelson, T; Oyen, F; Rowe, VK AIHA, Vol. 22, No. 5 1961 Investigation of the Diseases Chloride Drejmin, I; Valaskai, M Med. Intern, Vol. 15 1963 Produced by Vinyl Mortality and Cancer Morbidity in Workers in the Swedish PVC Processing Industry Monberg, 3; Elofscoh, S; Holmlund, L; Maasing, R; Holima, G; Westerholm, ? A.PME Mtg. Sweden 1979, June 8 Supplemental Answer to Interrogatory No. 15: BFG states that during the relevant time period (1969 to 1973), its liability insurance coverage is through Kemper. 23 BFG19354 ! Supplemental Answer to Interrogatory No. 34: BFG states that as a chemical manufacturer it makes reasonable efforts to keep current as to the results of any research or other studies which are of interest to the chemical industry generally, including studies relating to the health effects of chemical exposure. To the best of BFG's current knowledge, it first became aware of the reports and studies at or about the time they were published. Supplemental Answer to Interrogatory No. 42: BFG states that since knowledge of angiosarcoma of the liver was a sudden discovery, information on all aspects of the potential danger or lack of danger attributed to VCM was delivered orally to BFG employees at the plants. Concurrent to these discussions with BFG employees, BFG customers were advised orally and by mail of developments as they occurred and became known by BFG. Non plant personnel of BFG received copies of the information mailed to BFG customers. Copies of the communications to BFG customers will be made available to plaintiff for review and inspection in the Health and Environmental Services Department at BFG's Corporate Headquarters in Bath, Ohio at a time mutually agreeable to the parties. Supplemental Answer to Interrogatory No. 54: BFG states that to the best of its knowledge Edward Begnaud, now deceased, was responsible for product labeling. In addition, see Supplemental Answer to Interrogatory No. 42. 24 BFG J 9355 22196026 ( Supplemental Answer to Interrogatory No. 55: BFG has many formal and informal relationships with various governmental agencies, trade associations, industry groups and universities. It is accordingly impossible to respond fully to this interrogatory as framed. To the extent the information sought by this interrogatory is contained in documents of BFG, those documents will be made available to plaintiff for review and inspection at BFG's Corporate Headquarters in Bath, Ohio at a time mutually agreeable to the parties. The B.F. Goodrich Company By its attorneys SVS--5503/B GOODWIN, PROCTERHOAR Exchanoe Place Boston, MA 02109 (617) 570-1000 CERTIFICATE OF SERVICE I hereby csrtlV the above . attorney of icv. ;; t on thl-; d3y - true copy of r vt' J upjn the Dated: Z.Z096TZZ 25 BFG19356 October 19, 1987 Additional Comments on Interrogatory Responses for Cullinan Set I 2. The only record of sales of VCM to Monsanto for the period in question is in the microfilm records. Those records show a sale of 925,270 lbs. of VCM in 1974 to the Indian Orchard facility. This sale and sale of other materials to all Monsanto facilities from 1974 to 1980 are shown in copies of those records which are in your possession. Sales to the Texas City, Texas facility occurred only in two years. In 1979, 100 lbs. of Geon PVC Dispersion Resin was sold. in 1976, 25 lbs. of Goodrite 3114X1 Plastic Antioxidant was sold. These amounts would appear to be for evaluation purposes only. Set II 15, Our basic insurance coverage from 1953 to 1980 is as follows: 1953 to 7/1/74 7/1/74 to 8/31/75 9/1/75 to 6/30/79 7/1/79 to 6/30/80 7/1/80 to 12/31/80 fully insured by Kemper self insured to $250,000 self insured to $1,000,000 self insured to $1,200,000 self insured to $1,300,000 This insurance coverage is presently a subject of litigation. Excess layers of insurance are explained in the attached documents {Federal Express). 16., 20., 70. Questions dealing with our response to governmental agencies and the VCM issue. All information we've been able to locate regarding these questions is contained in the attachments to my letter to Tim Langella dated 9/19/86. Further identification of the B.F.Goodrich employees identified in those documents is as follows: 22186028 BFG19357 Anton Vittone, President, deceased R. D. Buehler, Director of Government Relations, deceased J. L. Nelson, Division Vice President, Manufacturing, retired W. C. Becker, Assistant General Counsel, retired R. W. Strassburg, Director of Environmental Affairs, retired P. J. Weaver, Director of industry Affairs, retired M. N. Johnson, M.D., retired 35. See documents produced to Tim Langella on 9/19/86. Specifically, letter to customers dated 1/23/74. Additional data is in Medical Department files, 37. Medical Department files. 38. Other than information generally contained in the Medical Department files, attached is a letter on this issue which has recently been uncovered. This is an internal report written by w. E. McCormick, former Director of Industrial Health at B.P.Goodrich. The letter notes presence of malignant tumors in rats at extremely high levels of VCM. Angiosarcoma of the liver was not noted as one of the results. This information was previously produced in the booklet "Vinyl Chloride and Cancer - A Study In Prevention," The B.F.Goodrich Company, July 1976. 42. Due to the fact that knowledge of angiosarcoma of the liver was a sudden discovery, information on all aspects of danger or lack of danger attributed to VCM was delivered orally to B.F.Goodrich employees at the plants. Concurrent to these discussions, our customers were advised orally and by mail of developments as they occurred. Non-plant personnel at B.F.Goodrich received copies of the information mailed to our customers. Copies of letters mailed to our customers and distributed internally are contained in the letter dated 9/19/86 to Tiro Langella. 54. To the best of our knowledge, Edward Begnaud, now deceased, was responsible for product labeling. klf/4167k 22196029 BFG19358 Report of MCA. Meetings with Dr% ?..; V/iola /.** a.^r f ' t- j. Dr. P.L. VioLa, of the Regina Elena Institute for Camcer Research, Rome, Italy, met with the Occupational Health Committee of:-MCA, and its PVC sub committee, on May 5 and 6 in Washington, D.C. His viisit here was under the sponsorship of five PVC producing companies within MCA, including The B.Fo Goodrich Company. The meeting resulted from a decision reached several months ago that it was necessary for a personal meeting witln .Dr. Viola and several members of the Occupational Health Committee. Dr. Vilola presented a paper at the 1970 10th International Cancer Congress in Houiscon, indicating that he had found carcinogenic characteristics to be .associated with vinyl chloride vapors. The Occupational Health Committee of MCA has had this matter under consideration for several months in an effort to develop a recommended program for the PVC industry and it was felt that a personal imeeting with Dr. Viola was necessary before proceeding further with any recommendations Dr. Viola has the responsibility for the medical activities of Solvay & Cie in Italy and, In addition, has an association with tine Regina Elena Cancer Research Institute. As a result of the acroosteolysirs problem, he began Investigation several years ago with vinyl chloride exposures to animals and believes that he has produced bone changes in rat:s somewhat comparable to human acroosteolysis. In conducting these investigations he observed the production of tumors in rats in approximately teir. months' time when ex posed to vinyl chloride vapors at a level of 30,000 pipm. The tumors were malignant and occurred at the base of the ear and in tthe lungs. Some 70% of the animals initially exposed (26) were affected. :He has conducted further studies at. lower concentrations and has found similar: .tumors at 10,000 ppm and perhaps at 5,000. The latter experiment is still undrerway and will not be completed until September. . Dr. Viola is firmly convinced that vinyl chloride is se. carcinogen to rats at high levels. He also believes that there is a definite threshold for all carcinogens and sees no basis for the argument made by.- many cancer investigators that this is not true. He has seen no evidence of hurcran cancer resulting from vinyl chloride exposure. The vinyl chloride he used lin his investigations was derived from acetylene and contained approximately 3%*. rof impurities. It was the consensus of the Occupational Health Committtee (and I concur in this) that Dr. Viola's information is quite foreboding for the PVC industry. The committee believes that the matter should be furtlher investigated in this country and has asked MCA to invite proposals from interested cancer investi gative groups. The comnittee felt that a study rangimg from 12-24 months using mice and rats at three different levels of exposure, and using both acetylene-derived and EDC-derived vinyl chloride, shouild be undertaken. As soon as the proposals are in hand, it is planned to pnssent the entire matter to the PVC representatives whose companies are within 'MCA. The recommendations of the Occupational Health Conm* t-ee will be made at tdhat time to the industry with the hope that they will be accepted. 6S096T2Z mj 5-14-71 W. E. 'McCormick BFG19359