Document JvmwQQ1jzVoNZx55zqrMZRyZZ

FILE NAME: Metropolitan Life (ML) DATE: 1933 DOC#: ML063 DOCUMENT DESCRIPTION: Correspondence between Met Life, Dr. Lanza, Lawyers & others RE Silicosis and Legal Suits TREASURY DEPARTMENT ufttAU or THK WUSUC HCAVpTH BKlIVtCC W a b h in o t o n . O. C. January 27,1932. Or. A.J.Lanza, / Metropolitan Life Insurance Co., Heir Tork,H.Y. Dear Or. Lanza: I have Mad no word from Son Cummings but 1 have Mean: iron Mr. Harbaugh nd the operators feel very keenly that the reoort should not he published at this tine. la justice to them, I would say that the bad picture is eomewr.at over-emphasized by Don due to the fact with that he has not mining oeaos. , lived or been In close contact Zt would therefore,seem worse to hi* than to the mining man. Z shou that he would find it inadvisable to publish if he expects to oontinue as a consultant to His present employers ere also in close contact with the Picher group and Z believe they have mining interests in that field. I think the report contains much information of interest and Z sympathize with Don in his disappointment. RR8/LL0 Cordially yours, (R.R.Sayers) Surgeon in Charge. January 80, 1988 Or* II* Stjwt Offlca of Zadostrial Hygiana and Sanitation Onltad Stataa Public Health Sarrica Taahiagtaa, 0 C* O u r Doctor Sayarai TMT latter com this aorning 1th c m froa Dob D -- Inf obich I aa foroardlag to yoo. Bayba thla *111 be a m y out. Lot aa kaav hat jnau think or vrlta diractly to hla, IT poa prafar. Tary truly youra, Jtaalatant Sadlcal Diractor Ol/wl n >i F are* 10, 1.? i r . > . U t i Drink* j TiLa 'Jjtm S tre e t Poa'-oe, fe s a . jir ? ili Z bare ?or l a t t a r ef Sareh 9. I r . Darla i m te aaa m , aoeoopaaied ty I r . fln a a s, P t r M S t l fe a a | r e f Ih* Oslo -arboe ad Carfclda 0oapea?. I r . Darla l a tha bead r tha dapartaaat d aallj* with power darai e j-- *. fer th ia Coapan? aad stro fe M u baia a 7 de cast c i t t a and aaaaad te ba q o lts a ll la fo n s d oe tba ahola swbjeet of atllooala. S bara ha&rd froa a aaabar e f aoaraaa aboat tha h l|h aor t a l l t ? th a t bea baca e tta ad a at poe tha e o n stra ttio e e f th la tannai. Tha a a lta ara b a ia i broocbt a c e ia st tha a aa tra a te r aad tha l i w m eoa paay ad la io a Carboa aad Carblda la ap p artati? a o t lU b la . Deaerar, tqr bara dealdad te look la te tha a a tta r thoreafhl? aad ba e f saafc aa alataaoa aa d re aaau ao aa a a j a w raa t te tha eoatrae te r la dafodiai tbaaa aaita. X p o iatad e a t te I r . D trlit ad aa f a r aa Z ooald aaka e a t, be f o t th aaaa ad rlo e fre a d ap res, th a t tba t h t a i te do aa te eatah llab f i r a t of a l l ahather thaae a lfe aaa bad a lllo e a ia aad for th a t porpoae, Z aoueeted th a t ha eeaaolt I r . Faaooaat. t j om optalo la th a t l f thasa a ere feuad te hare a llie o a la ad th? h ai erked odor ondi t i : * ! ax p o tln i t b a | te e l llo o a l s , th a a lta bad b e tte r be a e ttle d . Of c.-ur, ther la a a iro n i p ro b ab ili!? th a t aaa? of tha* m o tre eld h -rd -ro fe oritera a te aa? bara had ti llo n a la ahea. th? aot te eork for th contr a e to r . I r . D arla aa ta x i oca te e a ta h lla b th a ta ta a of reerira to r ad X advlaed Ma te f * t la tooeb rltb y . u , both u te typa aad aa tc th tin o *han rarlo o a tppaa appeared oe th sark t. I la a ila a th a t thara ara probably aaaa caouine casa of illl coal aixed up ith a u n tar o f ora o r laa fraudai ac t a a lta . Tha a jo rit? of thaaa peopla b r i n i i a | a a ita ara aagroaa a-J n a tu ra li? th te la think haa boea anfineered b? aoaa d a r or laajrar. Z de o t kaoa ho tha eontraeter ia b at X arpact tba? bara |o t hi aerosa a barrai. 1 aaabar o? s a lta b are beea f lle d oe b eb alf o f peracaa oe dead ad 1 bai ta ra th a lr Ionia bare baaa aaonred. I a i r i ad I r . D arla te eonanlt I r , Cardaar fo r O la pbaaa o f th a jo b . I a b a ll ba |l a d te e ir a 70 aay fu rtb ar dopa lf I bare an?. linearci? jm sr, A. I . I s a a c , l . c . Aftfeata*^ le d im i D iraetar A Da Titlft ?*/ ,vv-' Author Receiv iginbotham, President W.A. Caff f |^n Kfg. Co. Comments "I am very glad to learn that you 'feer* iftdcese in this suit. Tlihltes sBJiklXlitcvojsttiisv udcammiaag^ev osuiatv ws*it.*%u*atiwon- is g a t i n g more serious daily and it is a matter of tremedou-s importance *two-ihaye a jury recognize the value" of a film. expert ta_e_s_tij^mony.m" r ro* ~ A meeting was held on Tuesday, November 28, 1933 in Mr. Seigle's office at which the following were present:- Dr. Lanza of the Metropolitan Life Insurance Company, Mr. W. E. Seigle, Mr. E. M. Voorhees, Mr. S.A, Williams and Mr. Vandiver Brown. The purpose c f the meeting was' to discuss the suggestion made by Mr. Simpson, President of Raybestos-Manhattan, Inc., in his letter to Mr. Seigle of November 17, 1933 regarding joint action by members of the tex tile group of the Asbestos Institute looking toward standardized methods of dust control. After considerable discussion it was decided that Johns-Manville Corporation indicate to fir. Simpson its willingness to go along with his suggestion; that Mr. Simpson should be allowed to arrange for a meeting of tlie representatives of the textile group and that Mr. S. A. Williams, assisted by Mr. Vandiver Brown, would represent Johns-Manville Corporation in any discussions. Dr. Lanza advised the meeting that he was very much interested in completing the study of the asbestos industry initiated by Metropolitan Life Insurance Company approximately three years ago. The completion of this study would involve a re-examination of the plants covered by the original reports as well as a re-examination of certain employees who had been X-rayed at that time. He thought that it was very probable that Metropolitan could, by extending somewhat the scope of its survey in completing this examination, very readily co-operate with the industry in carrying out the suggestions made by Mr. Simpson. Dr. Lanza was advised that the contemplated program on the part cf the industry would involve Johns-Manville Corporation plants at Waukegan, Illinois; Gretna, Louisiana; Pittsburg, California and Redwood City, California, in addition to the plant at Manville, New Jersey and the mines at Asbestos, Quebec, which had been covered by the original Metropolitan report.' Dr. Lanza stated that he would prepare a report for Mr. Ecker, President of Metropolitan, recommending the completion of the survey of the asbestos industry and indicating the extent to which it had been enlarged in scope and the probable expense involved. It was thought it might be helpful if Mr. Wardwell would, communicate with Mr. Ecker about the time Dr. Lanza's report would be submitted to him, with the view of informing him of the importance to the industry and to Jolms-Manville Corporation of the contemplated survey. It was decided that nothing would be done towards having Mr. V/ardwell communicate with Mr. Ecker until we should be advised by Dr. Lanza that such action was desirable and timely. Dr. Lanza indicated that if the survey should be approved, the Metropolitan Life Insurance Company could be counted upon for the following: (l) Taking of dust counts at the various plants. (?-) X-ray examination of employees. (3) Recommendations as to (a) where it was desirable that steps be taken, to eliminate dust and (b) as to equipment which might be useful in eliminating the dust. (A) The training of one of our employees in the technique of the taking of dust counts. It was suggested that Dr. Miller be trained in this line. Dr. Lanza pointed out that the industry would be expected to pay the traveling expenses of the Metropolitan employees although the persons engaged in this work would still be employees of Metropolitan and on its payroll so that no charge for their services as such would have to be paid. In regard to (3) (b) above it was thought that it might be desir able to have some dust engineer collaborate with the representative of the Metropolitan and this point was left for the decision of the representatives of the textile group of the Asbestos Institute which would be convened by Mr. Simpson. It was also decided that Mr. Williams would advise the first meeting of this group as to the extent it might rely -upon the co-operation of Metropolitan., Mr. Voorhees asked Dr. Lanza if he thought the Metropolitan Life Insurance Company would be willing to make dust counts at the various plants once or twice a year at such places and under such conditions as they might see fit for the purpose of determining progress made in improving dust conditions, Mr. Voorhees' idea being that unbiased reports of this character would be helpful to us, if favorable, in the event we should ever_be in volved in.litigation. Dr. Lanza, however, was apparently of the opinion that such periodical reports would not quite come within the province of the Metropolitan Life Insurance Company and were matters for which we should preferably engage consultant engineers such as Saranac Laboratories. No final decision was made on this point but toward the end of the discussion it was the consensus that perhaps we would be better off if we had some ex pert in our ovm organization capable of taking dust counts at any time we thought it desirable and it was suggested that Dr. Miller be trained in this capacity o -- .. --U S --S 3 n q ts 3 R O H ,, T R R E L. OGR M F> . 0 -l -- Q 3 Ihirtuant to the procedure outlined at the meeting held in Mr. Saigle's office on December 29, 1933 a meeting of the p.aybestos - Johns-Uanvllle Committee for coordinating end standardizing trays and naans of eliminat ing dust and protecting the health of employees engaged in manufacturing operations vas held in the office of Ms S. X Tlillisms at 2:CO o 'clock on 'Thursday, the 4th day of January, 1934 The following irera present at the meeting: Dr. .1. J. Lanza of Metropolitan Life Insurance Co. PLAINTIFFS _ EXHIBIT j'-MH ~L -K: PLAINTIFF'S EXHIBIT hLzM TZ Mr. U. ?. Judd Mr. A. 7 . Eeiasohn Mr. 0. E, Clliey Mr. George Pope Mr. B. T. Luttenberger Hr. 3. X iTilliaas Mr. X E. Fisher Ur. Vandiver 3rowa ) ) - ) Eaybestos-Manbattan, Ino. ) } . -- r ) Jofcns-Manville Corporation* ) Dr. L a m a ana advised of the decision of Haybestos-Manhattan, Ino. ^ n d Johns-Uanville Corporation to cooperate in the devising of rays and naans of reducing or eliminating dust in Turious manufacturing operations common to both Corporations and for the protection of the health of the employees engaged in such operations. Ee was advised that both Corporations had agreed to avail themselves of the generous assistance offered by Metropoli tan Life Insurance Company in solving their problems end had agreed, as an initial atep in the~prcgran, to permit Metropolitan to-complete tha inTestiga- : tion and surrey instituted by them in 1929, Br. Lanza ras also adrised that the present program contemplated not only tha completion of thia surrey but its extension to cover all of the various plants of the two .Companies which, ocmprlsed certain plants that had not been covered by the earlier survey. Dr. Lanna stated that the Metropolitan Life Insurance Company would be in a position to commence the oontemplated work some time* after tha first"of March. Prior to that time both Companies should provide Dr. Lanza : with'the following informations . - ^ -/ (!) The names and locations of the various plants that the Companies desire to have examined. (2) The name of the person or persons at each, plant with whom tha Metropolitan representative should deal in. making arrangements for tha survey. (3) Detailed instructions as to the beet naans for reach ing plants. (4) The type of electrio current available at the plants (a) Whether alternating or direct current (bl number of oyoles and fo) voltage. (5) Whether or not ocmpreased air is available at the plant. (4) Size of plant, that ia, (a) the number of employees to be examined and (b) the approximate amount of floor space rw on7.' PCC exhibit MET-098 s --S S mom 12 :0 2 B R O U N > V E R R E l_ L_ H O C =>M P 2 -- Q involved in operations There dustry conditions night ba ecco'intered. Tha meeting was advised b7 Dr. Lanza that the Corporations would be expected to pay or to reimburse Metropolitan for the following incidental, expanses: (1) Cost of transportation of tha Metropolitan employees engaged upon the work and of their equipment. (2) The subsistence of the exployees in the field. (3) The cost of the X-ray films (Dr. Lanza indicated that he might be able to obtain wholesale rates for us on. this item and that la any event the cost would pvobably be less than a dollar per film. Dr. Lanza stated that ha was not certain at this time as to whether tha manufacturers of X-ray machines could provide then with portable equipment that would be satisfactory for tha taking of the pictures required for this surrey. If it should develop that no satisfactory portable nachina were available, itwould ba necessary either (a) that tha Companies provide satisfactory equipment of their own at'each plant location or (b) arrange to have the X-rays taken by. suitable privately owned equipment in nearby towns. In any event it was essential that the same technique be used in making the X-rays and ha thought it desirable that if possible all of the work be performed by Metropolitan employees although he realized that this would probably be- impossible in al oases unless portable equipment were to be used. Both Corporations believe it desirable that certain of their employees be trained in tha technique of making dust counts. The Metropolitan Life In surance Company will train employees designated by us in this technique. The training can be done hare in iiew York and can be accomplished'in from two to fIt s weeks' time. - Mr. Williams indicated that Johns-Manville Corporation, would like to haT three men trained in this technique, one to be located at Mauri H e , one at Taukegon and one c m the Pacific Coast. Mr. Tudd of Eaybestos-Manhattan stated that they would desire to have two of their employees so trained. After Mr. Williams and Dr. Lanza had left the meeting Mr. Pisher auggested that it would be highly' desirable to have our Manville representative trained immediately in order that they might ascertain as quickly as possible the effi ciency of the equipment that has been Installed by Jchns-Manrillo during tha past few years at considerable expense in the Manville factory for the purpose of ascertaining if this type of equipment should be employed at other plants of w ohm a-Manville Corporation or of Baybeetoe. In this connection Dr. Lanza pointed out that there was still a good deal to be learned on the subject of asbestos dust including not only the harmful effect?, if any, upon workers exposed to it but also as to the point at which the quantity of dust in tha air became dangerous. Tha meeting disaussed at considerable length the advisability of engag ing the services of a dust engineer to make specific reconnendationa as to tha best Deans of eliminating or rsducing the dust at those plaoas whore the dust c H MOV --me --8 MOM 1 2 : 0 3 B R Q UJ H . T E R R E L . ! - . H O G O M P . 03 0 3 ,L count should re rati its prasac.ce in quantities likel7 to be hazardous, Dr. Lanza pointed out that his survey would indicate with a fair degree of accuracy the spots where tha dust should be reduced and that certain Metropolitan representatives could specify the type of equipment that should be used al. though none of then could qualify as dust engineers to the extent of being able to advise how the equipnent should be constructed to meet the Taryirg condi tions which would be encountered, Mr. richer pointed out that it was quite likely that no individuals could be found who would know mors on the particular subject of dust elimination or dust reduction under the conditions encountered in the as bestos industry than those employees of Johss-Manville and Raybestos who had, through a process of trial and error, devised certain equipnent now being used end vhiohit was thought was successfully coping with the problem, Moreover, these same individuala were from da7 to day becoming more and more qualified. The meet ing was- advised, however, as to the relatively better position inwhich the Companies would he placed in the event of litigation if they could avail themselves of the testimony of an outside expert of recognised reputation who would state that he had maia certain reconmendatione that he considered beet for the particular problem and that these recomandatlcns had been followed. Dr. Lanna was not certain if there was anyone who could satisfactorily fill these quslifications hut stated that he would interview a Dr. Phil Drinker of Harvard in the Tery near future, and would present the prosition to him and aeo if he were qualfied and available. It was felt that this point was probably not of excessive importance inasmuch ai>* the testimony either of an outside expert or of a trained expert on our regular payroll could be attacked as having been paid for by the Company. Dr. Lanza pointed out that the Metropolitan Representatives were as well qualified as any to advise the Companies as to the type of respirators to be provided employees engaged in dusty operations inasmuch as the Metropoli tan Life Insurance Company had been caking a study of this problem. Dr. Lanza brought out that the earlier surrey made by the Metropolitan had included one company in the United States besides Cohns-MarviHs and Raybestos, namely, Thexmoid. Ee desired to know if it %ould be satisfac tory to seek the co-op era ties, of this company in completing the Metropolitan sur vey. It was the consensus of opinion that there was probably no objection to the completion by Metropolitan of its survey in so far as it related to the Thermo id plants but that it would be desirable to, pospone any such action until after he had completed the contemplated survey of Eaybestos and Dohns-Manville. By that date it t u s conaldered at least possible that T h e m o i d would have joined with Raybestos and John s-Manvi lie in broadening the scape of the survey. Dr. Lanza will bring up this question again after completion of tbe survey for Ray bestos end Johns-ManTille. C H On?G U *ATCNA, OlSt SUC Ml ALTH PfOB4 *.M4 EM E.R Y E MATI-U R S T M D o n s u u i n 1 aiCKifcT CcLUHBUf OHIO pH f; ifay 1 7 , 1933 IS RtUO < US vci t *250 Dr A J L^nSi Assistant Uedioa.1 Dlreotor, Metropolitan Life Inaurarne* Co., lew York City, V York. / -, Dear Dr* Lanaa: Sadoeed herewith plea* find a oopy of the deposition of Dr* Clayton 8* Smith and of ny own evidenoe in the flrat of the aoriee of legal cases resulting fro the alleged silicosis developments at the Hew River power tunnel project. Thla oaae la that of Raymond W. Johnson (an eaploye) Vh. Rinehart k Dennis Co., rt al (the oontraotora). Z have indicated certain corrections in red penoll where adatakea are obvious, either en aqr part cr that of the stenographer * This oopy of sy testimony was transcribed by a stenographer for the Rinehart k Dennis Co., and Z think he cade a pretty good Job of it. Yon will notice sy attempt at laplified language, also saay grawmtioal slips, eto. - the oase being heard before a looally a1toted lay Jury. Henoe. please be gently oritleal of the phraseology and ao on, bat lay on heavily whers yon think Z a n in error and X shall appreciate it. Yen will find, these two aaaMarlpta aoet vmlnable for the direct evidence of the West Virginia situation rather than for the opinions contained regarding aillootis. In this Reyaond Johnson oaae seat 88 lay witnesses had already been heard before X arrived while the plaintiff Mr. Johnson end his physiolan Dr. L* R. Earless preceded me on the witness stand. X waited thero until the two X-ray specialists fro Charleston Dr. Rughey and Dr* Lambert, had given their testimonies, whleh corroborated mine and then de parted for Goliafcus. X a informed that the next week Dr. Peaooast and Dr. Jane* JL. Britton appeared for the defense. Dr. Pancoast United his testimony to the X-ray films of Ur. Johnson alone and stated that in his opinion they were tuberculosis and not silicosis* while Dr. Britton considered all the evidences. X-ray and otherwise, and dedared the case was purely on* of tuberculosis end not tilioosisj thus, w* obviously disagreed* X think the trial sent have covered between four end five weoks. Finally it resulted in a disap'eement on the part of the Jury* Dr* Earless wrote me under date of Key 10th that seven of the Jurors were in favor of finding for the plaintiff, Johnson, snd five were for the defendant. "There is very strong suspioion that those five were corrupted by an agent for the defenaa* One of the five has been susooned before the Court and was fined far ecutempt on tbs evidence that he discussed the ease during the progress of the trial. X think a seoond one will perhaps reooivs a aunoons to appear Di - A. J. L&r.t* Pago 2. b e fo re th e Court to answer cents npt obargee. Of course i t la very d i f f i c u l t to o b ta in rridenoe s u ffic ie n t to estab lish chargee of b rib e ry , b u t th e re is no doubt in my mind *l to what happened* The cose >raa o le a n ly on fox* th e p l a i n t i f f by overwhelming eTidenoo. The ssuos o aae , o r an o th er one w i l l some t o t r i a l ao o c, perhaps i n th i e s o u th ." Judge 2ary, who p r raided ( d r em it c o u r t, F a y e t t e v i l l e , w. 7a . ) , I considered very f a ir indeed. I am re n d in g s im ila r copies to S ay srs and R u s s e ll. Tcru nay keep th is m aterial for your f i l e s . W ith a l l b e s t re g a rd s, Sinoerely yours,