Document GpLvggEj4GQdxymvogXn1Q4x

oeoKoc h. meter JOHN M. MR* *lM N. ftATfOOD *obi*t e. titoc D.M.H. RECEIVED JUL - 91981 M t Y E M AN J) K 1 U K ATTOHNCrS AND COUNSELLORS AT LAW loo WOT LON a L*Nt ROAO| ftUITC IOC* BLooNrifU) Hills, Michigan siuuu <313; octnoit orncc TOO IOO< SWUIH4 sernO'T, wjchioam jgi>| 1319) 001-1201 July 6, 1981 Ms. Sara E. Bigsby Resident Deputy Clerk United States District Court Eastern District of Michigan P.0. Box 68 Bay City, Mich. 48707 Re: Mikyska v Stauffer Chemical Company et al; U.S. District Court File No. 78-30003 Dear Ms. Bigsby: Enclosed for filing is an original and Judge's copy of Stauffer Chemical Company's Motion for Physical and Mental Examination of Plaintiff Stanley Mikyska, Notice of Hearing and Proof of Service. Thank you. Y( truly f RRSrelb Enclosures cc: Mr. Dennis M. Haffey Mr. James D. Ritchie Mr. John J. Cassidy, Jr. Mr. Robert A. Marsac Ms. Gretel'S. Robinson Mr. Paul G. Bogos R tfford *aul o.ioaoi LAWRENCE J. tOOOl ROBERT T. BCMCriEL D.M.H. RECEIVED JUL - 6 1981 LAW OFFICES OF BOCOS BOGOS I3>S PC NOS SCOT BUILDING Detroit, Michxoar 482 - (313) 961*7970 0(3) 961*4040 SUBURBAN Q7P1W SUtTC IOI 33300 WEST WARREN WCITLANO, MtCMlOAN *6I6( (313) 662*0(00 July 2, 1981 Attorney James D. Ritchie 1881 First Rational Bldg* Detroit* Michigan A8226 j Attorney Robert A. Marsac 11th Floor* Buhl Bldg. Detroit* Michigan 48226- Attorney Dennis M. Haffey 35th Floor* AOO Renaissance Center Detroit* Michigan A8A23 Attorney Ralph R. Safford 100 W. Long Lake Rd** Ste. 100 Bloomfield Hills* Michigan 48013 Attorney Jerome White 10 West Square Lake Rd. Bloomfield Hills* Michigan A8013 RE: Mikyska* et al* vs. Union Carbide* et al* Gentlemen: Enclosed please find the Adrian Pathology Laboratory report 'relevant to the above-captioned matter. On the basis of this report and with the plaintiff*s history of his injury in 1975* ve will amend our Complaint at the pre trial conference on. July 16* and allege the plaintiff incurred skin cancer as the result of his exposure to the Vinyl Chloride Monomer at the Ford Plant. X also hope to have an available date to complete the deposition of Dr. L. Kasperowlcz as soon as possible* Tours truly BOGOS & BOGOS URL 19428 PGB/lp Enclosure: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION STANLEY MIKYSKA AND JOYCE MIKYSKA, his wife. Plaintiffs, Civil Action No. 78-30003 vs Hon. R. James Harvey UNION CARBIDE CORPORATION, ET AL Defendants. _/ MOTION FOR PHYSICAL AND MENTAL EXAMINATION OF PLAINTIFF STANLEY MIKYSKA Defendants request an Order, pursuant to Federal Rule of Civil Procedure 35, requiring Plaintiff Stanley Mikyska (Plaintiff) to submit to physical and mental examination under the following conditions and for the following reasons: 1. Plaintiff has put in issue in his Second Amended Complaint his mental and psychiatric condition (Paragraph 8) In order to evaluate his claims and the reports and diagnoses of those who have examined him, it is necessary that Plaintiff be examined by a psychiatrist. 2. Plaintiff has also alleged injury to his liver (toxic hepatitis. Paragraph 8) and his counsel has recently advised Defendants that Plaintiff is also suffering from a claimed kidney disorder and has had blood in his urine. Without waiving the right to object to any further amendment of Plaintiffs* Second Amended Complaint to allege such claims, in order to evaluate these claims and the reports and diagnoses of those who have examined him, it is necessary that Plaintiff be examined by a gastroenterologist. 3. Defendants further understand that Plaintiff now also claims that he is suffering from certain brain abnormalities and/or skin cancer. Without waiving the right to object to any amendment of Plaintiffs* Second Amended Complaint to allege such claims, in order to evaluate these additional claims and any reports or diagnoses that may become available from those who have examined URL 19429 hini, it is necessary that Plaintiff be examined by a neurologist and a dermatologist. 4. Because of the nature and scope of Plaintiff's claims regarding his physical and mental condition. Defendants are advised that it may become necessary during the course of physical and psychiatric examination to request the assistance of various other specialists or conduct certain other tests and evaluations and that the examination will take at least two days and will have to be conducted in at least two separate locations, Henry Ford Hospital in Detroit and University Hospital in Ann Arbor. 5. In October, 1980 Defendants began, but did not finish, a gastroenterological and neurological examination. At the status conference in April, 1981, the Court indicated that Plaintiff should make himself available for such physical and psychiatric examinations as were necessary to evaluate Plaintiff's claims and prepare for trial. Since that time Defendants have sought unsuccessfully to schedule, continue and complete such examinations. 6. Unless Plaintiff submits to such examinations. Defendants will be unable to evaluate his claimed injuries or to cross examine Plaintiffs medical witnesses; Defendants* medical witnesses will be prevented from preparing their testimony, and Defendants will have no other way of obtaining the required information. 7. Defendants are advised that the contemplated examinations will consist of testing and evaluation which is in accordance with sound, commonly accepted and widely used medical practices which will not be at all dangerous to Plaintiff. 8. Defendants have made arrangements for such examinations at their expense with gastroenterologist Bernard Schuman, M.D., and dermatologist Clarence S. Livingood, M.D., at Henry Ford Hospital in Detroit and psychiatrist and neurologist Philip Margolis, M.D., at University Hospital in Ann Arbor. Firm dates and times can be set if the Court grants the relief requested. I 9. Defendant Stauffer is filing this motion on behalf of all Defendants with the knowledge and consent of counsel for all defendants. Dated: July 6, 1981 MEYER AND KIRK ff :By A' Ralph *R. Safford' (P-24633) Attorney for Defendant Stauffer Chemical Company 100 W. Long Lake Road, Ste Bloomfield Hills, MI 48013 Telephone: (313) 647-5111 100 URL 19431 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION STANLEY MIKYSKA AND JOYCE MIKYSKA, his wife. Plaintiffs, Civil Action No* 78-30003 vs Hon. R. James Harvey UNION CARBIDE CORPORATION, ET AL Defendants* / NOTICE OF HEARING TO: Dennis M. Haffey Dykema, Gossett, Spencer, Goodnow & Trigg 35th Floor Renaissance Center Detroit, Mich. 48243 Robert A. Marsac Dykhouse and Wise 11th Floor Buhl Bldg. Detroit, Mich. 48226 James D* Ritchie Butzel, Long, Gust, Klein & Van Zile 1881 First National Bldg. Detroit, Mich. 48226 Gretel S. Robinson Patterson, Patterson, Whitfield, Manikoff and White 10 W. Square Lake Road Bloomfield Hills, Mich. 48013 John J. Cassidy, Jr* Vedder, Price, Kaufman & Kammholz 115 S. LaSalle Street Chicago, Illinois 60603 Paul G. Bogos Bogos & Bogos 1315 Penobscot Bldg. Detroit, Mich. 48226 PLEASE TAKE NOTICE that pursuant to local Court Rule there will be no hearing scheduled before the Hon. R. James Harvey for Defendant Stauffer Chemical Company's Motion for Physical and Mental Examination of Plaintiff Stanley Mikyska. URL 19432 Dated: July 6, 1981 MEYER AND KIRK By: ifil Ralph R. Safford'(P-24633) Attorney for Defendant Stauffer Chemical Company 100 W. Long Lake Road, Ste Bloomfield Hills, MI 48013 Telephone: (313) 647-5111 100 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION STANLEY MIKYSKA AND JOYCE MIKYSKA, his wife, Plaintiffs, Civil Action No. 78-30003 vs Hon. R. James Harvey UNION CARBIDE CORPORATION, ET AL Defendants. / PROOF OF SERVICE STATE OF MICHIGAN) SS.s COUNTY OF OAKLAND) RYME ANN GREENWOOD, being duly sworn, deposes and says that on the 6th day of July, 1981, she delivered copies of Motion for Physical and Mental Examination of Plaintiff Stanley Mikyska, Notice of Hearing and Proof of Service to: TO: >. Dennis M. Haffey Dykema, Gossett, Spencer, Goodnow & Trigg 35th Floor Renaissance Center Detroit, Mich. 48243 Robert A. Marsac Dykhouse and Wise 11th Floor Buhl Bldg. Detroit, Mich. 48226 James D. Ritchie Butzel, Long, Gust, Klein & Van Zile 1881 First National Bldg. Detroit, Mich. 48226 John J. Cassidy, Jr. Vedder, Price, Kaufman 6 Kammholz 115 S. LaSalle Street Chicago, Illinois 60603 Gretel S. Robinson Patterson, Patterson, Whitfield, Manikoff and White 10 W. Square Lake Road Bloomfield Hills, Mich, 48013 Paul G. Bogos Bogos & Bogos 1315 Penobscot Bldg. Detroit, Mich. 48226 by enclosing same in a properly addressed envelope, postage fully prepaid, and by depositing same in United States Mail Receptacle. '\^-Vyyr .vV-)' Ryme Ann Greenwood Subscribed and sworn to before me this 6th day of July, 1981 . o* ^. \\y, twAiO_______ Elizabeth L. Brunner, Notary Public Oakland County, Michigan My Commission expires: 11/27/83 UNITED STATE? DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHED DIVISION STANLEY KIKYSKA, et al. Plaintiffs, v UNION CAREIDE OORP-, et al. Defendants. / CIVIL # 78-30003 URL 19434 ORDER ' At a session of said court held in the Federal Building, Port Huron, Michigan cm the day of July, 1981 PRESENT: HONORABLE JAMES HARVEY United States District Judge Upon motion of the defendant Stauffer Chemical Co. herein, and the Court being duly advised in the premises, it is hereby ORDEFED that the plaintiff shall schedule the continued deposition of Dr. Leonard Kasperowitz for a date prior to July 15, 1981, and give reasonable notice thereof to the defendants. FR Civ P 26(b) (4). On or before the date of the continued deposition, defendants shall tender payment to Dr. Kasperowitz in the amount of $750.00 for time spent in his earlier deposition. Within ten days of the completion of the continued deposition, which shall in any event be no later than July 16, 1981, defendants shall tender payment to Dr. Kasperowitz for such additional time as shall be spent in deposition on or after the date of this order, at the rate of $150.00 per hour? provided, however, that Dr. Kasperowitz shall be paid only for such time as he shall devote exclusively to the taking of the continued deposi tion, free frcxn the interruptions of other business. FF Civ P 26(b) (4). It is further ORDERED that plaintiff shall, not later than July 15, 1981, file and serve notices of deposition for each and every expert not previously deposed, whose testimory shall be relied upon by plaintiff at trial, such depositions to be completed on or before July 31, 1981. The defendants shall bear all reasonable expenses incurred for the time spent by such experts in deposition. The testimony of any expert witness of the plaintiff whose deposition shall not be taken in accordance with this Order shall be inadmissible at tnai, otherwise ordered ly this Court far good cause shown. FR Civ P 37(b). IT IS SO ORDERED. 4 A TRUE COPY ..... fesffiraSrJ sew n a n Telephone *no Code S17 243-R36S PATIENT__ PHYSICIAN SPECIMEN- ADRIAN PATHOLOGY LABORATORY 770 RIVERSIDE AVE. SUITE 10 ADRIAN, MICHIGAN 49221 Dr A F. Schneider President Stanley Mikyska Kasperowicz Nasal biopsy CASE NO____------------------ LAB Kin S 850 61 DATE_______ 5/26/51 GROSS: An irregular dark grey piece of tissue that measures 0.3 by 0.3 by 0.2 cm. MICROSCOPIC: The epidermis is intact. There is a good deal of basophilic degeneration of collagen. In the dermis also there are clusters of deeply pigmented basal type cells that form lace like patterns and strands. DIAGNOSIS: 3D tJc-cr Skin, basal cell carcinoma. Note: The lesion is virtually impossible to assess as to completeness of excision. In one area it extends very close to the edge of excision. Albert F. Schneider, M.D. Pathologist