Document K6rRdKaZ0D5eYm0byg0n0v3EN

MILTON J. DONOVAN JOHN H MADDEN. JR EDWARD J. BARRY GORDON H WENTWORTH JAMES H TOURTELOTTE CHARLES K. BERQIN, JR. VICTOR ROSENBERG RONALD C KIDD JEFFREY W. ROBERTS JEFFREY L. MCCORMICK JAMES M. RABBITT JAMES F. MARTIN ROBERT P. CUNNINGHAM JOHN C. SIKORSK1 NANCY FRANKEL PELLETIER ROBINSON DONOVAN MADDEN & BARRY, P.C ATTORNEYS AT LAW 1500 MAIN STREET - SUITE 1400 POST OFFICE BOX 15609 SPRINGFIELD. MASSACHUSETTS 01115 (413) 732*2301 FAX No. (413) 785-4658 January 9, 1991 PAUL S. WEINBERG HENRY C, CROPSEY FREDERICA H MCCARTHY JAMES O S. MORTON NEVA I. KAUFMAN DOUGLAS F. BOYD KEITH A MINOFF JAMES K BOOURTHA KIMBERLY DAVIS CREAR ANNE SWIATEK MICHAEL T. KOGUT JOHN W LAKE JONATHAN P RICE EDMUND J. GORMAN MATTHEW J. KING HOMANS ROBINSON 1M4.TS7G LAWRENCE M. SINCLAIR ,**a-1*" Union Carbide Chemicals ft Plastics Company, Inc. c/o Sharon Burger, Esq. butter, McClennen & Fish 1 International Place Boston, t'-k 02110 Ke: John L. Warren and Alice L. Warren Bear i.s. Burger: j.t you know, this law firm represents Alice L. Warren in connection with claims Lrougnt by her as Administratrix or the estate of her late husband, John L. Warren, against the Union Corbiuc eheir.icc.is . Plastics Company, Inc. ("Union Carbide") based or. :.r. .larren's exposure to vinyl chloride and vinyl chloride related products sold or supplied by Union Carbide. Those claims are currently the subject of a civil action now pending in the United States District Court fer the. District of Massachusetts, Alice L. Warren, Administratrix of the Estate of John H. Warren, Deceased v. The Dow Chemical Co., ct. al.. Civil Action Ko. 69-30201-F. This letter shall serve as a written demand for reli f pursuant to M.G.L. Chapter 93A, Section 9, brought on behalf of Mrs. Warren, both individually and as Admini stratrix of the Estate of John H. Warren.. Mrs. Warren claims tha t the Union Carbide Chemicals & Plastics Company, Inc. sold or supplied John H. Warren's employer, Monsanto Chemical Company, with vinyl chloride monomer and vinyl chloride related products, that Mr. Warren was exposed to such products and that us a direct a nd proximate result, he became ill ucc 080972 MILTON J DONOVAN JOHN H MADDEN, JR. EDWARD J, BARRY GORDON M WENTWORTH JAMES H TOURTELOTTE CHARLES K. BERGIN, JR. VICTOR ROSENBERG RONALD C KIDD JEFFREY W ROBERTS JEFFREY L. McCORMlCK JAMES M. RABBITT JAMES F MARTIN ROBERT P. CUNNINGHAM JOHN C SIKORSKI NANCY FRANKEL PELLETIER ROBINSON DONOVAN MADDEN & BARRY, P.C. ATTORNEYS AT LAW 1500 MAIN STREET - SUITE 1400 POST OFFICE BOX 15609 SPRINGFIELD, MASSACHUSETTS 01115 (413) 732-2301 FAX NO, (413) 785-4658 Ms, Durger January 9, 1991 page 2 PAUL S WEINBERG HENRY C cropsev FREDERICA H MCCARTHY JAMES O'S MORTON NEVA I. KAUFMAN DOUGLAS F, BOYD KEITH A, MINOFF JAMES K. BOOURTHA KIMBERLY DAVIS CAEAR ANNE SW1ATEK MICHAEL T. KOGUT JOHN W. LAKE JONATHAN P RICE EDMUND J. GORMAN MATTHEW J. KING HOMANS ROBINSON 1M4.1973 LAWRENCE M SINCLAIR 1942-1966 with angiosarcoma of the liver and died of that disease on January 29, 1986. Mrs. Warren claims that her late husband's illness and death were as a result cf unfair acts and deceptive practicesircscriL.ee by I-.C.L. Chapter 93A, Specifically, firs. Warren clair.s that Union Carbide Chemicals L Plastics Company, ii.c. engaged in the following unfair acts and acceptive j racticts: 1. Union Carbide was negligent in that it V.nev or should rav Micwi. tnau the vinyl chlot ice products, including vinyl chloride monomer, which it manufactured anc/cr supplied *.o tionsanto wurc innercntly anu unreasonably dangerous and defective by reason of toxicity when ingested, breathed cr aUaCroeu. 2. Union Carbine knew cr should have known that hr. barren and other suuilitny situated chemical workers during the usual course of their employment and through the ordinary forseeaLie use and processing of said vinyl chloride products and vinyl chloride monomer would be exposed to and would inhale, absorb anc ingest fumes and vapors emanating from said products and chemicals on a regular basis. Union Carbide was negligent in processing, testing, designing, manufacturing, distributing, marketing, supplying and selling the said vinyl chloride products and vinyl chloride monomer. 3. Union Carbide was negligent in failing to provide proper, adequate and correct warnings and instructions for proper and safe use concerning the dangers posed to the persons using, handing or exposed to their vinyl chloride products and vinyl chloride monomer, including nr. barren. *?* UCC 080973 MILTON J DONOVAN JOHN H MADDEN, JR. EDWARD J. BARRY GORDON H WENTWORTH JAMES H TOURTELOTTE CHARLES K. BERQIN, JR. VICTOR ROSENBERG RONALD C. KIDD JEFFREY W ROBERTS JEFFREY L, McCORMICK JAMES M, RABBITT JAMES F. MARTIN ROBERT P, CUNNINGHAM JOHN C. SlKORSKi NANCY FRANKEL PELLETIER ROBINSON DONOVAN MADDEN & BARRY, P.C. ATTORNEYS AT LAW 1500 MAIN STREET - SUITE 1400 POST OFFICE BOX 15609 SPRINGFIELD. MASSACHUSETTS 01115 (413) 732*2301 FAX No. (413) 765-4656 iVs. burger January 9, 1991 page 3 PAUL S. WEINBERG HENRY C, CROPSEY FREDERICA H McCarthy JAMES O'S MORTON NEVA I. KAUFMAN DOUGLAS F, BOYD KEITH A. MINOFF JAMES K. BOOURTHA KIMBERLY DAVIS CREAft ANNE SWIATEK MICHAEL T KOGUT JOHN W. LAKE JONATHAN P. RICE EDMUND J. GORMAN MATTHEW J. KING HOMANS ROBINSON 1M4-1S73 LAWRENCE M. SINCLAIR 1B43-1M0 4. Union Carbide was negligent in failing to properly test and investigate the dangers posed to chemical workers such as Mr. V.arren by its vinyl chloride products and vinyl chloride monomer. 5. Union Carbide was negligent in failing to reduce, minimize, eliminate cr eradicate the nealth hazards posed by its vinyl chloride jroducts and monomer. o. Union Cornice Lreacheu express am implied warranties of merchantability and fitness for a particular purpose in tnat tne vinyl chlon.w- produces and monomer in supplied were r.ct of merchantable quality, were unfit for their intenueu uses and were defective and unreasonably dangerous by way of toxicity. Mrs. barren claims that as 2 result of the unfair ar.^ deceptive acts and practices committee by Union Carbide, as listed aoove, her late husband, John K. barren, developed angiosarcoma of the liver which'was first diagnoses m the summer of 1987, that Mr. Warren was permanently disabled and suffered conscious physical and emotional pain anc suffering until his death on January 29, 1988, that Mr. Warren died as a result of angiosarcoma of the liver, and that Mr. Warren also suffered loss of earnings and loss of earning capacity. In addition, Mrs. Warren claims that as a result of the foregoing unfair and deceptive acts and practices engaged in by Union Carbide, she and her two sons, Daniel and John, sustain d damages inducing but not limited to loss of reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel and advice, pain, suffering and mental anguish, funeral and burial expenses and other incidental and consequential carnages. You should be aware, if you are not already, that the Supreme Judicial Court of Massachusetts recently held in the case of Maillet UCC 080974 MILTON J. DONOVAN JOHN H MADDEN, JR EDWARD J BARRY GORDON H. WENTWORTH JAMES H TOURTELOTTE CHARLES K BERGlN, JR VICTOR ROSENBERG RONALD C. KIDD JEFFREY W ROBERTS JEFFREY L MCCORMICK JAMES M RABBITT JAMES F. MARTIN ROBERT P CUNNINGHAM JOHN C SIKORSKI NANCY FRANKEL PELLETIER ROBINSON DONOVAN MADDEN & BARRY, P.C. ATTORNEYS AT LAW 1500 MAIN STREET - SUITE 1400 POST OFFICE BOX 15609 SPRINGFIELD, MASSACHUSETTS 01115 (413) 732-2301 FAX No. (413) 785-4658 Ms* burger January 9, 19^1 pace 4 PAUL S. WEINBERG HENRY C CROP5EY frederica h McCarthy JAMES O'S, MORTON NEVA 1 KAUFMAN DOUGLAS F, BOYD KEITH A. MINOFF JAMES K, BOOURTHA K/M8ERLY DAVIS CREAR ANNE SW1ATEK MICHAEL T. KOQUr JOHN W LAKE JONATHAN P. RICE EDMUNDJ QORMAN MATTHEW J. KINO HOMANS ROBINSON 1894*1973 LAWRENCE M. SINCLAIR 1942*1998 v. ATF-Qavidson Co., Inc., 407 Mass. 185 (1990), that where a Dusintss is found both to have breached its warranty of merchantability, in addition to tort damages, the business is-also liauie tor an award unctr G.L. c. 93A. The SJC cited regulations promulgated by the Attorney General providing that "ri]t shall be an unfair or deceptive act or practice to fail to perform or fulfill any promises or obligations arising under a warranty." 940 Code ..usi. hags, j 3.Gfc(2) H9Go): Io. at 100. The Court noted in its opinion that Section 9 of Chapter 93A provides a cause of action tc "anj parson . . . no nas ue^n injureu oy anctr.tr jerscn's use" of an u:;fair or deceptive trade practice. "be see nc reason," said the ot-urt, "to eo.clouc injur> to tne person iron tne category of injuries cognizable unuer C.L. chapter 93A." _Id. at 99. '.he ?JC in Mai Hot also restated the ,vruie that it is not a defense to a Cnapter ciaiir. that the defendant's conduct was negligent rather than . intentional, citing dinthicur. v. Arcnaribsult, 379 Mass. 3bl (1979)., If the pending civil action were amended to add claims under chapter 93A against the Union Carbid.e Chemicals & Plastics Company, Inc., nrs. barren would be entitled to recover up to two to three times the damages set forth above plus her attorney's fees based on Union Carbide's willful and knowing violations of Chapter 93A, 2. Our investigation has already revealed that Union Carbide, along with other vinyl chloride manufacturers, knew as early as 1970 of the cancer-causing effects of vinyl chloride exposure and intentionally withheld this information from governmental regulatory agencies such as UIOSH and from chemical workers such as Mr. Warren who were regularly exposed to vinyl chloride supplied by Union Carbide. More specifically, information which we have obtained shows that Union Carbide along witn other chemical companies who were members of the Manufacturing Chemists' Association were privy to research studies conducted L>y an Italian researcher, Publio L. Viola, who had announced at the Tentn International Cancer Congress in Houston, Texas in 1970 tnat his findings revealed that vinyl chloride UCC 080975 I MILTON J DONOVAN JOHN H MADDEN. JR EDWARD J BARRY GORDON H. WENTWORTH JAMES H TOURTELOTTE CHARLES K BERGIN. JR. VICTOR ROSENBERG RONALD C. KIDD JEFFREY W, ROBERTS JEFFREY L. McCORMlCK JAMES M, RABBITT JAMES F. MARTIN ROBERT P. CUNNINGHAM JOHN C. SIKORSKI NANCY FRANKEL PELLETIER ROBINSON DONOVAN MADDEN & BARRY, P.C. ATTORNEYS AT LAW 1500 MAIN STREET - SUITE 1400 POST OFFICE BOX 15600 SPRINGFIELD, MASSACHUSETTS 01115 (413) 732-2301 FAX No. (413) 785-4656 Ms. burger January 9, 1991 page 5 PAUL S. WEINBERG HENRY C, CROPSEY FREDERICA H McCarthy JAMES O S. MORTON NEVA I KAUFMAN DOUGLAS F BOYD KEITH A MINOFF JAMES K. 0ODURTHA KIMBERLY 0AVIS CRCAR ANNE SWlATEK MICHAEL T. KOGUT JOHN W. LAKE JONATHAN-P RtCE EDMUN0 J. GORMAN MATTHEW J. KING HOMANS ROBINSON 1M4.1S79 LAWRENCE M. SINCLAIR 1M-I9M exposure caused cancer in laboratory animals. Union Carbide, along witn the other members of MCA, engaged in a deliberate cover-up of Dr. Viola's findings and agreed among themselves to withhold this mfurination from NlOSli and iron the general public fer fear tnat it would have serious economic consequences for the vinyl chloride industry. On behalf of Mrs. `-arren, we hereby demand that the Union Laroioo u'.esdcais a Plastics Company, Inc. pay 1 wo Million Dollars (ID,GUO,000 . ) in full setlerent of these claims. The statute requires tnat Union Carbide rake a written tenoer of settlement within thirty days of receiving this oemand for relief. We look forward to your response. Sincerely, JhT/C3r/l47&p James K. Tourtelotte Ucc 080976