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UNITED STATES DISTRICT COURT EASTERN DISTRICT or MICHIGAN SOUTHERN DIVISION STANLEY MIKYSKA and JOYCE MIKYSKA. his wife. Plaintiffs. Civil Action No. 670769 -v* UNION CARBIDE CORPORATION. Hon. Janes Harvey a foreign corporation, DIAMOND SHAMROCK CORPORATION, a foreign corporation, 5TAUFTER CHEMICAL COMPANY, a foreign corporation, TENNECO CHEMICALS. INC.. foreign corporation. UNIROYAL, INC.. a foreign corporation, ALLIED CHEMICAL CORPORATION, a foreign corporation, HOOKER CHEMICALS k PLASTIC CORP., a foreign corporation, B. F. GOODRICH COMPANY, foreign corporation, FIRESTONE TIRE k RUBBER COMPANY, foreign corporation, GOODYEAR TIRE k RUBBER COMPANY, a foreign corporation. Defendants. / m c DEFENDANT UNIROYAL, INC.'S SUPPLEMENTARY ANSWERS TO FIRST SET Or INTERROGATORIES TO DEFENDANTS Defendant Uniroyal, Ine. ("Uniroyal") provides the following supplementary answers to plaintiffs' First Set of Interrogatories to Defendants. SUPPLEMENTARY ANSWER TO 16 Yas, but the amount is more theoretical than practical. A paper. "Small Molecule Migration in Products Derived from Glassy Poly mers," attached hereto as Exhibit A, discusses certain technical aspects of this question. It should be kept In mind thei 75*F is only 24*C. The question es .to whei a "detectable amount" is can be an swered only in terms of the test method used. For instance, the American Society for Testing Materials method. ASTM D-3749-78, claims to have a capability of measuring down to 50 parts per billion of VCM in PVC resin. This method, which was approved by ASTM in 1978, represents the current status of analysis methods. This is an area of rapidly developing technology. To Unlroyal's knowledge, no analytical method was available before 1974 which could reliably measure such minute amounts of VCM. SUPPLEMENTARY ANSWER TO 19 While there is a "temperature dependent effect," there is no specific temperature at which VCM Is released from PVC resin. Any VCM present will be released over a very long period of time at room temperature and over proportionally shorter periods at any higher temperature. See Exhibit A. The question aa to what a "detectable amount" is can be an swered only in terms of the test method used. For instance, the American Society for Testing Materials method, ASTM 0-3749-78, claims to have a capability of measuring down to 50 parts per billion of VCM in PVC resin. This method, which was approved by ASTM in 1978. represents the current status of analysis methods. This is an area of rapidly developing technology. To Uniroyal's knowledge, no analytical method was available before 1974 which could reliably measure such minute amounts of VCM. SUPPLEMENTARY ANSWER TO 42 a) To date. Uniroyal has no knowledge of sueh diagnosis at its Painesvllle, Ohio plant, except for cirrhosis of the liver. See report entitled "Mortality Study of Workers st the Painesvllle, Ohio Uni royal Plant. July 1975," attachad hereto as Exhibit B. 2- URL 08381 j to) There were press reports in 1974 end 1975, hut these were not confirmed by qualified investigators. c) To date, no such report has been made, except as alleged in this case. d) To dale. Uniroyal has no knowledge of such diagnosis. SUPPLIMENTARV ANSWER TO 46 During the period 1965 through 1975, many rules were issued for the safety of employees and property in the PVC plant at Painesville, Ohio. Since the shutdown of this plant at the end of 1975, most files have been discarded. A thorough review of the retained files does not reveal a listing of these rules, nor to whom they were sent. SUPPLEMENTARY ANSWER TO 49 Society of the Plastics Industry, Inc. 355 Lexington Avenue New York. N.Y. 10017 Chemical Manufacturers Association (formerly Manufacturing Chemists Association) 2501 M Street. N.W. Washington. D.C. 20037 SUPPLEMENTARY ANSWER TO 50 No. SUPPLEMENTARY ANSWER TO 51 The Company's first Medical Director, J. H. Wolfsie, M.D. was hired by Uniroyal in 1964. Dr. Wolfsie was assigned to Uniroyal's than Naw York, N.Y. headquarters to plan, aatablish, develop, direct, coordinate, and evaluate an occupational health program for the Com pany's employees. Dr. Wolfsie was hired by Mr. Wes Graff, then 3- URL 00383 M ii 1 Uniroyal's Manager of Corporate Safety. Mr. Graff is deceased. After 1 leaving Uniroyal, Dr. Wolfsie joined the Equitable Life Assurance i Society, 12SS Avenue of the Americas, New York, N Y. SUPPLEMENTARY ANSWER TO 52 Uniroyal's first Industrial Hygienist. Mr. FTed Sands, was hired in the mid 1940's, exact date not presently known. Mr. Sands was assigned to Uniroyal's then New York, New York headquarters to provide environmental health control services to Company locations. Ji is believed that Mr. Sands was hired by Ernest Beck. Both Messrs. Beck and Sands are deceased. SUPPLEMENTARY ANSWER TO 53 NO. SUPPLEMENTARY ANSWER TO 54 Yes. Uniroyel. through the Joint URW-Uniroyal Occupational Health Committee, has provided funds for several years to the Occupational Health Studies Group (OHSG), School of Public Health, University of North Carolina, Chapel HJU, N.C. The OHSG has made studies at | many of Uniroyal's faculties, and has produced two reports related to | the PainesvUle, Ohio plant where PVC was made. These are: I 1. Mortality Study of Workers at the PainesvUle. Ohio Uniroyal Plant, July 1975. 2. Proportional Mortality Analysis of Death Among Workers at the ; PainesviUe Uniroyal Plant, May 1979. Copies of these reports are attached as Exhibits B and C. :i f I 11 j It is not possible to state the amount of money Uniroyal 'i contributed to the Pemesville research since a variable sum was con- tributed each year according to the hours worked by all United Rubber I Workers at all Uniroyal plants. j Uniroyal also contributed to the following studies: 1. The University of Michigan acroosteolysis study in the late 1900's, funded by CMA (formerly MCA). Three reports are published in the Archives of Environmental Health, Volume 22. January, 3971. 2. The PVC fabricating plants epidemiology study conducted by the Organization Resources Counselors. A copy of a report dated May, 1977 will be made available to plaintiff when it has been obtained by counsel. 3. An epidemiological study of the vinyl chloride and polyvinyl chloride industries conducted by Equitable Environmental Health, funded by CMA (formerly MCA). Uniroyal cannot locate a copy of the final report. It would be very difficult and time consuming for Uniroyal to determine the dollar amounts It contributed toward each study at this time. SUPPLEMENTARY ANSWER TO WO. 55 Uniroyal gave testimony during July 1974 at the OSHA hear* ings on the Proposed Permanent Standard for Occupational Exposure to Vinyl Chloride. Those testifying, and their positions at that time were: 1. Martin J. Kleinfeld Commercial Planning Director Uniroya) Chemical Spencer Street Naugatuck, Conn. 06770 2. Dr. Walter D. Harris Corporate Toxicologist Uniroyal. Inc. Middlebury. Conn. 06749 : i j j j ; i j 1 URL 08384 i <1 3. Benton R. Leach Tactory Manager . P.O. Box 460 Painesvilie, OH. 44077 DYKEMV GOSSETT. SPENCER, GOODNOW & TRIGG BY: ' { /t /if* _.......ail. haHey (P26376) ~TT Attorneys for Defendant Unirpyal, Inc. 35th Floor, 400 Renaissance Canter/ Detroit, Michigan 48243 (313) 568-6704 / , DATED: February 23. 1980 URL 08385 ii i i! I' 6- VERIFICATION STATE OF NEW YORK ) : SS. : COUNTY OF NEW YORK ) VIRGINIA K. SMITH, being duly sworn that she is an Assistant Secretary of Uniroyal, Inc., a defendant in this action, that she has read the foregoing answers to interrog~ stories and knows saac are therein stated upon infornation and belief, based upon information and documents compiled by defendant* attorneys and employee# and that she believes then tc be true. URL 03386 Sworn to before me this 27th day of February, 1981 Notary Public hfii.v- "S-'-r; Netsry .: ` "s eri. f...-'- > * , j; UNITED STATES DISTRICT COURT ]| EASTERN DISTRICT OP MICHIGAN SOUTHERN DIVISION jl STANLEY MIXYSKA And i: JOYCE KXKYSKA, his wife, [ r ; -vs- Plaintiffs, Civil Action No. 87Q769 UNION CARBIDE CORPORATION, 5 a foreign corporation, S DIAMOND SHAMROCK CORPORATION, 2 a foreign corporation, | STAUFFER CHEMICAL COMPANY, a foreign corporation, * TENNECO CHEMICALS, INC., | a foreign corporation, * UNIROYAL, INC., 5 a foreign corporation, * ALLIED CHEMICAL CORPORATION, a foreign corporation, 1 HOOKER CHEMICALS & PLASTICS CORP., 2 a foreign corporation, | . F. GOODRICH COMPANY, s a foreign corporation, | FIRESTONE TIRE & RUBBER COMPANY, S a foreign corporation, g GOODYEAR TIRE t RUBBER COMPANY, * a foreign corporAtion, * X Defendants.* * % Hon. Janes Harvey / URL 08387 * PROOF OF SERVICE I STATE OF MICHIGAN) * )SS COUNTY OF WAYNE ) I DEBRA C. LENZNER, being first duly sworn, deposes | and says that on the 4th day of March, 1M1, she did serve a i copy of Defendant Uniroyal, Inc.'s Supplesentary Answers to | First set of Interrogatories to Defendants and a Proof of j Service upon: or Paul G. Bogos, Esquire Bogoe end Bogos ISIS Penobscot Building Detroit, Michigen 41224 by placing a copy of said pleadings in an envelope addressed as above with proper pottage affixed and depositing tut in the United States Mail. V. Subscribed and sworn to before mt this 4th day of March, 1981 0. Sto oJU._____ Notary Public SHARON C. SMALt Nsiitv Puttie. Wjkiw Crimtv. VI W| Ccrrmutisn mjhicj Dec. 19, :=*3 DEBRA C. LEN2NEft URL 08388 i -2- URL 08389 w GENERAL ARTICLES Small Molecule Migration In Products Derived from Glassy Polymers Wam JL Km' and NmM ft. mytotowg ? *QiO ri^M <*Mr * JIMP URL 08390 Urn Inqicato--atom combinedmode sorpOon and partoMnenobteotianirwnpOHmndet* on tot iWpaQan irf rr-rt mrlrniVr ftnrn ptorir |rn*rntrt tax tmn mnairtonl Haltoer tool modi torption nor ~enmob*a*tT. litifl-----------* Vr i ir`"rii*'`-`-tiirililefelaranii trf Tirfiaitipcrirt r rt c~~-~riii--**-- between toe two sorption moCtoi to aoMletf. Anapparsmeappingol cNtwii gWuaapioapecio* rento* bom toe eqAtoiton partfconing of miprent between potaner wd cjsrtsfvt Au ratm tom Mm an Wwirt ktoetic tMtetiontpbenapwl. The kOsiTototipnri^i botwon too banaport prodfctioas of iwpm^&wmoblfaeiion mooet oraltoe momgwail rrwMilw ihpaiiusmtotootoa MiMci*i*tmoaTnrptogr toemphatosd analyato. A coat ariy oNch pointo rwteUend widtUoni of amactionfclweticc to ** riwrrie nwww >wn eOmtpohfrtmittfmcttolriiaottodUanaod. The anaipee pone* m Ipealxvd mieraton of amat motoewtat too too* or more *% kM aabactina pmk tor pm man d nei uanponeto* m pppiwic mtokit. Tlt myrttton rftrcr amounla of*oh*oia.mrtfen and degradation byproduct*, additive*. oligomeri, and monoam fraa pebwric barrier* wad in feed and heveiagr packaging can affect mcwimir tcraptanm, pcoduct pah), and rtguiaMiry approval rfcandidate portaging atOrah. Da certouc ocnnamit impact related to accurate prediction rian|>ira migration dbeti baa motivated tide pema* toiw rftht thermodynamic and fcamtk wdHiw nifinpg (UAiport in and from flamy polymeric barrier*. block of the detailed esperimtortal chwactartoatio* f the migration of law molecular weight molecules to ftoaty polymew baa focused on COa transport mppart dtto mamivt imuich and davriopmrnt ofpolymeric ronUbun tor carbonated beverage* (Michaels at aL, ItoBaJb; Vtoth and Sladak, 1965; Tei. 1993; Fanalen, 1974; KoOea, If?* Knro* and Paul, 197ft*-c). Thera to tocrewbq ratognMaa tlwt dual-mode behavior to a rather general characteristic ofaoo***Biag (few eonccolrstma) penetrant aorptioa to dotty pdyma (Berm, 1974*A IRt; Karat at aL, MT7; Same at aL, 1976L The migration of trace omimntc of wfcnft mwmmen. eBgomer*. addMwa, aad degradation byproduct* ehould, therefore. be governed by Ibe ipdlib riuw and kinetic imfilirtiin afthe laal made model Aa anfnrtaaali anitinmirhal birnarhlanl dnhatflim hm baeasaiigaad tofhaliangmrirfan eompunaaf of dual mode aption. TVa wweimwam arijlaalr tormafhamohih" rithwaghlhenaetiri transport analytes havha lyptotiS* awed beef aguffibrium batman the Uapaairira and Henryk ton tpariaa, The fecal ewriUhrium aaewmptiea impltoe that there aminevor he oelgatfkwrtdfflhfonm to the chemical potential af penetrant narked in the tan modm.inmrymcalragianaftbep^mei. TtoMpMU eampaiid to tW time eeale roqidrad fee a significant ahaaga in tbe lacal value af tbe Aenkoi pofsotial The aabmtyafthe krai agaWbrinto aaouwpHaa has been ver Itted hr patord WblR jar wmiaii ia gtoaeypefrntyioae tAmhh. ItWf and bp awiraia iTamport atudiri far gene* la glaaay polyweiv in cenceirtratkm range* oorwponding to aeveral poru per million (Feneloa. 1973; Tot, 1973; Kama and Paul. l?*e-c). The ronfinimi regarding the implication* of tbe term ImainhiHutinn** an ultimata nrieaae hmetim ka promptad tbe anetysi* patterned here regarding the effacu of T --g----r*-- --* *--wa---- -- iw- --:r-:-- biaetic* af trace component* from glaaay polymer*. Al though the "`equilibrium criterion" per ae la aufficient to permit complete removal ofaB tpecia* into an utfutiu aiak, tin detafled kinetics af miration ait, in Cecl, affected b> the relativ* populatiana af Langmuir and Heaiy'a it*' apariai and the degree af"irnmohiluation" af the Langmuirian penetrant. The primary rlyMtivi, therefore, of torn paper a tbe preaentation ofa deuM and quantkatn-t oaac study to aid in prediction af migration rate* from glaaay pofarman complicated by auiKiple torptior mode* and various Uaetie and aquOtoriiua paaaibttitia*. bnalyala and Diaenaaiaa ItrifWan SorpcUn laathrrma A wirfy ofequijbeium jaotharma mbting panatiani mnrenustion in a lotymar to penetrant oancintrriian in a cootiguou* ftoid dwe we abaarmd far polymeric aubetrate*. Cwtorptum a ndbbery polymer* Men Henry's la* (Michael* and Mriw,t9R;9tomataLlt9W> Smplioncf organic vapor. Map rrSliin to daiiartaiinf by aa eaponential inwoe to the concwrtrarian phetad m a function ef vapor KtMly (Roger* at nL, IMO). Surii tootherm* are tometow* relmud * m havipg SET top* nilarm. More molts baheviw InvoMng an Wtoctioo i* frequently *hrvod tor mpw nptton to gtoup patomem meeattended laiiliilii^-- brterrrin At too comentrattoaa, toe concave toonnerd tone if such tootberms manta dual mode orpttoa affects, whOa at bigber cuncentration* it be- irved that anuiK^ or penetrant chntertog offaeto pre- Irnf-r^ 1*--The dualode tootharm, typical of to* coaceotraitoa penetrant HfttotfipiliMNiittlM f tor* towriem CnemcO Socwy EXHIBIT A Mortality Study of Workers t ttw PilMivUlt, Ohio Uniroyal Plant by Salt Homan, M.s.P.n, Dragons AadJelkovlc, M.B., M.FJ. Occupational Health Studios Croup School of Public Health Voivorclcy of March Carolina Chapel Bill, March Carolina . Submitted to The Joint UlU-Uniroyal Occupational Health Cnenltcoo July, 175 D-d EXHIBIT B URL 08392 REPORT UN A CASE CONTROL STUDY COVERING WHITE FEMALE EMPLOYEES OF PVC FABRICATORS U*y i 977 cexiubxt