Document MJ1EQwVJj4bg4ejqEqOryxkQV

FILE NAME Talc TALC DATE 1990-1993 DOC TALC044 DOCUMENT DESCRIPTION Medical Records with Biopsy Records HOUSE OF THE GOOD SAMARITAN Department of Laboratories Watertown NY 13601 315-785-4001 SURGICAL PATHOLOGY REPORT Name Harmer Dale Sex M Doctor Loewen Clinical Diagnosis Solitary pulmonary nodule RUL Age 49 Date Received Date Reported Room ASU Feb. 14 1990 Feb. 15 1990 GROSS DESCRIPTION A - Three right upper lobe biopsies the larger 0.3 cm B ~ Bronchial washings submitted for cell block A Gross & Microscopic Diagnosis - Mild chronic bronchitis and lung tissue with asbestos bodies biopsies from right upper lobe -2 B - Negative for malignant cells cell block of bronchial washings -2 Record Room No. 203243 G00099432 // Joven G. Kuan MD F.C.A.P. Chief Pathologist Pathology Report No. 90-990 90-990 ade. State University New York Health Science Center Syracuse CentNerw a Yol rk Occupational Health Clinical Center | 550 Harrison Center 300 Syracuse New York 13202 315 473-6422 March 26 1990 - MEDICAL SUMMARY PATIENT NAME Dale Harmer DATE SEEN January 11 1990 be ae a NOV 26 wy i evaluated at the Central New York Occupational Dale Harmer was 11 1990 Mr. Harmer is a 49- Health Clinical Center on January New York In the Spring of year talc miner from Gouverneur offered physical examination 1988 the patient underwent a company heart murmur and that his that time that he had a evaluated he and was told at looked bad According to the patient was function lfuunrgtsher with an echocardiogram more extensive puflumnocntairoyn testing testing and a treadmiwlhlichtesshtowedThaerepduulcmeodnaFrVyC and FEV 1 with a included a spirometry ratio This suggests restrictive lung disease done at that normal FEV1 volumes or diffusion capacity were Apparently no lung The echo cardiogram showed minimal aortic sclerosis and outflow gradient time mild aortic regurgitation without a significant were all Flows across the mitral tricuspid and pulmonic valves wall motion was normal as was the normal Left ventricular of the treadmill tests are ejection fraction The results unavailable to me of shortness of breath for The patient has had complaints when exerting himself at approximately the past year especially shortness of breath while stairs He denies any thinks he is able work or climbing and he walking at his own pace on level ground feels limited at with others his own age However he to keep up work and is afraid that soon he will not be breath He able to is able do his job to ascend because of his shortness of before become dyspneic The patient approximately 8 to 10 steps the same time period which complaints of cough over month It is has also had has become especially pronounced during the past denies productive of a significant amount of whitish sputum He any wheezing Also over approximately the past two years the patient has had that he describes as similar to a symptoms of chest crampingthis was occurring every two months but mid- charley horse Initially is occurring almost daily The pain is located in the lasts now and radiates to the left shoulder It usually sternal area to be brought on with certain turning It seems hard during a few minutes activities such as when he blows motions and other exacerbated by pushing spirometric testing The pain is sometimes College of Medicine Committed to Excellence in Professional Education Patient Care and Research College of Graduate Studies College of Health Related Professions College of Nursing University Hospital ae OF 2 Dale Harmer is not consistently associated with exertion on the chest wall It of breath diaphoresis or or emotional upset nor wiItthhasshorhtanpepsesned on a few occasions while feelings of faintness was resting in bed . the patient or fevers He has had about a The patient denies any hemoptytshies past year To the patient's six pound weight loss over history of hypertension increased knowledge there is no previous His primary care physician cholesterol or diabetes mellitus which the patient has not used prescribed sublingual nitroglycerin on for his chest pain is significant only for an ulcer in 1985 The past medical history and sinus problems which the which is not currently a problem which he soon outgrew The only patient experienced as child and tonsillectomy when the patient was previous surgery has been a is currently on no medications around 8 years old The patient in a motor vehicle accident allergies He was In addition in ribs He denies any known and broken and suffered a fractured spine moving machinery at the 1974 the patient's arm got caught in some to his right upper Talc mill causing permanent damage without bony Gouverneur a soft tissue injury this was arm Apparently fracture for coronary artery disease The family history is not significant valvular heart disease The The patient has one sister who has when he was a child He has 3 denies any rheumatic fever patient all of whom are in good health children for the past 27 years and up until a year has smoked and half packs per day The patient half to one was smoking between intake to almost nothing ago he has cut his tobacco For the past year in the past have included He drinks a few beers per month Hobbies he denies hunting extensive Though he enjoys all outside of the hunting hunting and fishing shoot at and did not usually an occasional shooting season used a snowmobile many years ago on other He wood using a chain saw He denies any basis He rarely cut toxic occupational exposures significant potentially when he worked as a The patient's occupational history began dairy farm From 1963 and in his early twenties on a He worked teenager 1969 the patient had a variety of short jobs in most of the until feed mill and was involved and feed for two years in an Agway feed mill activities including grinding the feed Mill at the Groveton Paper He worked for two years at a Kraft delivery machine He worked for a year in a running a perforating For one year he was employed foods plant processing cheese bowling pins The patient was Lowville factory puttingmolnatchqsueratonthe St. Joe's zinc mine as an also employed for six underground mucker 3 Dale Harmer went to work for International Talc where he In 1969 the patient 1974 until the present he has been remained for five years From Initially the patient was employed employed by Gouverneur Talc mine He held several other as a driller in the open pit including driving a truck in the mill relatively short term jobs less than one year as a packer crushing department for two years Since moving to Gouverneur Talc and about five months on repairs at the No. in 1974 the patient has worked as a milling operator machinery The ore 3 mill This mill is an older mill with older underground and is then crushed milled a packed variety is brought up from is responsible for supervising and shipped The patient almost all of his time in the spends of milling operations running the milling machinery He mill and is often actually dusty and possibly worse over describes the work as continuously of potentially inadequate the last couple of yearrsoutbiencelayusleeaves work covered with dust covers maintenance The patient the dust is quite thick and describes bad nights when dust he can He Prior to leaving he blows off whatever him completely air hose his work clothes home and they are He wears that he has worn a with an laundered there The patient estimates is an air 75 of the time The respirator respirator approximately mask with dust cartridges The purifying half piece shift but when the dust is cartridges are changed every 8 hour the cartridges two or especially thick he is reqrueisrpeidrattoor chhaasngn eever been formally fit- The wears three times a shift The conditions are also noisy and the patient tested 50 of the time The mine safety hearing protection approximately carries out inspections once or twice a and health administration but he does not know the results of year according to the patient these evaluations presure examination the patient appeared older than his stated On physical acute distress His pulse was 72 and regular age but in no and blood pressure 108/80 The HEENT exam respirations were 20 canal which was blocked with was remarkable for a right ear tympanic membrane was normal The patient was was no cerumen The left was thickly coated There edentulous and his tongue On auscultation of cervical or supraclavicular lymphadenopathy crackles both bases on inspiration In the the lungs there were about halfway up the chest whereas on left lung these disappeared about thirds of the way up the the right they disappeared heart there was an extra heart sound On examination of the There was also a wchhiecsht may have been an S4 or a systolic click The abdominal 1/6 systolic ejection murmur heard best at the apex without organomegaly or positive bowel sounds about 2+ exam revealed exam showed a prostate which was tenderness Rectal and was diffuse smooth and tender The testes were occult blood or masses enlarged without masses or tenderness There was no of the skin was noted on rectal examination Examination without There was clubbing of the fingernails unremarkable examination was within normal cyanosis or edema Neurological limits , 4 Dale Harmer which revealed significant included audiometry the lower frequencies and in Additional testing mild loss in the left ear the right hearing was hmeoarreinsgevere in the 3k to 8k rewgiitohn a Ominld degree loss in the 3k normal in the lTowheerrefw ra es quesnicgineisficant asymmetry between the ears to 8k region FVC was 3.38 L 78 of function testing the patient's FEV1 of 82 predicted On pulmonary FEV1 was 2.77 L 78 of The chest ray predicted predicted 25-75 of 3 L 81 of . mid and lower lung and an FEF markings in the interstitial the right apex An revealed diffuse were identified in fields bilaterally Bullae identified in the right upper lung ill defined nodular density was with ill defined borders No It was calcified peripherally abnormalities were noted definite pleural malignancy the patient was of the possibility of pulmonary in Watertown New Because Loewen a pulmonologist there referred to Dr. Gregory testing obtained by Dr. Loewen function York On pulmonary with a normal total lung diminished diffusion capacity demonstrated on PFT was a disease was not of the chest Dr. The capacity Obstructive and a CT obtained a chest ray along each lower Loewen also areas of pleural thickening on the chest ray identified to the findings noted lateral chest wall in addition lobe was nodule in the right upper previous chest film on CT inthesize with ill defined borders No better defined as 2.5 cm noted and malignancy was suspected definite calcification was and according to his report the Dr. Loewen carried out endoscopy did not reveal malignancy The histology of the biopsies taken lavage however was remarkable biopsies and the bronchial alveolarand inflammation Dr. Gerald for numerous ferruginous bodies alveolar lavage at the SUNY Abraham also reviewed the bronchial and found very high numbers of Health Science Center in Syracuse fluid ferruginous bodies in the lavage : RECOMMENDATIONS IMPRESSION AND chest ray and Harmer's symptoms physical examination with pneumoconiosis Dale function testing are all consistent combined talcosis and pulmonary which is most likely asbestosis or as for approximately 20 years asbestosis The patient has worked according to his history During that time dusts which and other miller a talc miner and amounts of talc he was exposed to significant He describes exposure to the and Anthophyllite during the early years included fTorremmsoloiftethese minerals especially has been worn a fibrous Respiratory protection the cartridges of his employment amount of time but it is unclear whether were appropriate significant of the appropriate type or whether they has never been fit used were reached The respirator lavage alveolar for the exposure levels bronchial tested On bronchoscopy the paftoiuenndt'csontain very high numbers fluid and biopsy material was Dale Harmer of ferruginous bodies which exposure Consequently it are is : ; 5 consistent with asbestos fiber my opinion that Mr. Harmer definitively In addition the patient has a malignancy The negative lung nodule which is suspicious for out the possibility of a bronchoscopy lung tumor reduces but does not rule the patient must be As recommended by Dr. Loewen followed quite closely and if the enlarges an open lung biopsy will be nodule . evaluate it If the nodule is not necessary to : pneumoconiotic nodule as noted by Drm.alLiogenwaennt it is most likely a The patient is exertion His experiencing significant breathlessness out his job dduytsipensea is making it very difficult for him to with He has evidence of a carry capacity on pulmonary function testing reduced diffusion that his symptoms are due to decreased Consequently it is likely his occupational lung disease The oxygenation as a result of patient's pneumoconiosis puts exposure I would consider Mr. Harmer to be lung disease The patient's lung disease totally is disabled by his progressive permanent and may be Recommendations for future treatment of include the following the patient's lung disease 1 No further exposure to talc Tremolite Anthophyllite or asbestos containing dust dust . oo or any other fibrosis causing 2 Close evaluation as recommended by Dr. Loewen for the and pneumococcus 4 The patient should locate a primary care physician in his local area who can be responsible for his medical care coordinating all of report If there are any questions regarding this at 315 464-6422 please call me Sincerely Nabel Lud B Michael B. Lax MD MPH Medical Director CNYOHCC ML 1m SUPREME COURT STATE OF NEW YORK LEONARD GAUMES et al ST LAWRENCE COUNTY . Plaintiffs V. . T. VANDERBILT COMPANY INC GOUVERNEUR TALC COMPANY INC ST JOE MINERALS CORP and FLUOR CORP Defendants Index No. . AFFIDAVIT_ STOA F NET W YOE RK ) ONOOFNOND ONDA AGG A SA S YORK , Dale Harmer being duly sworn deposes and says NEW 1. am one of the plaintiffs in the lawsuits against R. T. Vanderbilt Company Inc. SYRACUSE Gouverneur Talc Company Saint Joe Minerals Corp. and Fluor Corporation and I understand that R. T. Vanderbilt and Gouverneur Talc Company have made a motion to dismiss my action I know that LONGSTRE this affidavit will be used as a means of opposing that motion & 2. My lawyers tell me that R. T. Vanderbilt and Gouverneur Talc Company deny that they CIABOTI concerning ever made any misrepresentations to me my health and deny that they concealed from me SETRIGHT the true condition of my health I have also been told that they deny that there is asbestos in the mines and deny that they concealed from us the fact that there is asbestos in the mines Those denials are false and I will explain how I know that from my own personal experience 3. I am fifty years old and went to work for International Talc Company on October 6 1969 in the open pit Then when Gouverneur Talc Company took over International Talc Gouverneur Company in 1974 Talc Company hired me Therefore since 1969 I have worked in and about the talc mines and pits owned first by International Talc Company and then by Gouverneur Talc Company which in turn I am told is owned and controlled by R. T. Vanderbilt Company 4. With respect to the condition of my health I want to say that every year the employees of International Talc Company and then Gouverneur Talc Company would undergo physical examinations by the plant doctor which included chest rays So for the approximately twenty that I worked for International Talc Company and Gouverneur Talc Company I had yearly years chest rays and breathing tests performed by the plant doctors Prior to 1989 I never once was told that there was anything wrong with my lungs or anything else 5. Sometime after I filed a Workers Compensation claim in November of 1989 my lawyers gave me copies of some medical reports they had received from Gouverneur Talc Company 6. Included in the medical reports there was a report by Dr. Dodd the plant doctor back in 1979 dated October 10 1979 which stated Comparison with the previous exam of October 11 YORK 1978 now reveals an increase of pulmonary markings throughout both lung fields somewhat NEW more accentuated in the right base I am not doctor but it reads to me like something was going SYRACUSE on way back then I was not told by Dr. Dodd or any other doctor at that time that I had any lung or respiratory problems at all Even when I began to feel sick I wasn't told that I shouldn't work - there anymore LONGSTRE& 7. During the last part of 1989 I got to a point I where got tired going up and down stairs CIABOTI I was spitting up a lot and my lungs were feeling bad Somewhere around the spring of 1989 I had a physical examination by the plant doctor who was then Dr. Fung He talked to me after the SETRIGH physical examination He told me that I had a heart murmur and he said that my lungs didn't look too good right then Dr. Fung told me that I had a real small spot starting in my right upper lung but it wasn't significant enough at the time to really do anything about it He sent me down to the hospital for some tests and again said it wasn't serious enough to do anything about He didn't tell me to stop working and I kept on working because I didn't know anything was wrong 8. I kept getting worse and worse Finally my wife and I decided I better do something else and that is when I went to Dr. Lax somewhere around January 1990. By that time I was feeling pretty bad Shortly after that Dr. Lax diagnosed that I had lung cancer I want to know why I wasn't told about Dr. Dodd's examination report of October 10 1979 which said I had some trouble somewhat more accentuated in the right base especially since that is where the lung cancer started 9. My true physical condition was concealed from me but G. E. Erdman's Office placed Memorandum was on the bulletin board put up there for all of us employees to see and we all saw it A copy is attached to my statement by my lawyer and marked Exhibit A. Please note the next to last sentence in the memorandum Even though you shouldn't need to worry about getting cancer from our dust you must respect the possibility of getting talcosis My information is that at that point several of the miners had developed cancer and since then several more of them have developed cancer but on this memorandum we have the manager of Gouverneur Talc Company telling us we don't have to worry 10. I think concerning medical condition they kept from me the true nature of it and they even tried to tell me there was nothing wrong The manager Mr. Erdman even told us not to _ worry about getting cancer from the dust If I had know that I was going to get sick from being in that was not so unsafe to my health I relied on YORK the mines I would have looked for other employment NEW what the company was telling me and also what they were not telling me in making my SYRACUSE determination to continue working in the mines 11. Maybe the pay is not as good being a farmer or something like that but at least you LONGSTRE don't end up with lung cancer & CIABOTI 12. have a few comments as far as this asbestos thing is concerned Before OSHA came in everybody talked about asbestos being in the mines and in some areas there were more fibrous SETRIGH materials which we all called asbestos After OSHA came in we noticed that the word asbestos disappeared from management's vocabulary and they took a position with us as well as with OSHA as far as I know which is shown in Mr. Erdman's memorandum attached as Exhibit A in the first paragraph NIOSH knows these facts but is reluctant to recognize their earlier error in classing tremolite as an asbestos mineral that is not a cancer causing agent and but the weight of increasing evidence continues to indicate that our products are not causing abnormal amounts of cancer 13. I am told by my lawyers who have retained well known mineralogist Dr. Arthur Rohl who is familiar with our talc mines and environmental pathologist Dr. Jerrold Abraham that there is no question that there is asbestos in the mines up here and it gets into the lungs of the miners and has been seen there by Dr. Abraham 14 Of course I have read over the last fifteen to twenty years about the dangers of asbestos All of us miners up here were interested in that because all along we have been calling some of the products coming out of the mines asbestos Now our employer and the company that owns our employer are telling us that there isn't any asbestos up here If anybody had ever told me what I have found out since we brought this lawsuit and my lawyers went out and hired experts and if I had known then what they have said I would have gotten out of those mines years ago The only reason why I kept working was because Gouverneur Talc Company and R. T. Vanderbilt kept telling me that there wasn't any asbestos in the mines 15. I remember a few years ago a gentlemen by the name of Hugh Vanderbilt a big wheel with R. T. Vanderbilt came up to the mines and talked to a lot of us at the mine head He told us that YORK the government was claiming that there was asbestos in the mines and he said that we didn't have NEW asbestos He said he had a senator in his back pocket and there weren't going to be any problems SYRACUSE with our jobs because he could appeal any finding that we did have asbestos for years so we wouldn't have to worry about our jobs and there wasn't any asbestos up here anyway - LONGSTRE 16. We miners and miners up here are a very close knit group When we are working & we have to depend on each other so that each one does his job and everybody is safer and better off I CIABOTI know that none of them would have worked in those mines if they had known it was going to harm their health and especially if they had known that they were being exposed to asbestos May SETRIGH Dated 17 17 1993 Dale Harmer Signed and Sworn to before me this ; 17th May , 1993 Notary Public ANNE L. BENNETT Notary Public State of New York Qualified in St. Lawrence County Commission Expires June 30 19931993 f HUG 06 71 14:51 14:51 OUT & HODVL Services | Riverfront Services Medical _ : " i aoe = 2 . wee 0C40.10C400.1 0C400.1 wee 999991919991 | 444 EAST GENESSTEREEE SYRACUSE NEW YORK 1320 The State Insurance Fund 901 James Street Syracuse New York 13203 ATTN Charmaine Hauff | Emp Inj Exam Carrier : WCB # R.T. Vanderbilt Company 11/01/89 Pulmonology Consultation 10/26/90 30999031-062 6891 5142 Dear Ms. Hauff Thank you for referring Dale Harmer to Riverfront Medical with and evaluated him on October 26 1990 Services I spoke HISTORY As you know he is a year white male who on 6/1/90 underwent right thoracotomy and upper lobectomy for adenocarcinoma of the lung Pathologic _ examination of resected lung material revealed not only the carcinoma but also numerous ferruginous materials and asbestos bodies as well Lung tissue was examined by Dr. Abraham who concluded that the lung showed focal interstitial fibrosis with associated asbestos and ferruginous bodies In Dr. Abraham's opinion these findings were sufficient for a diagnosis of pulmonary talcosis and asbestosis ADMINISTERED BY EMPIRE MEDICAL MANAGEMENT LTD 08-06-91 03:50 PO4 AUG 06 '91 14:31 OOT & ASSOC SYR NY RE HARMER DALE . 2 rade 2 PAST MEDICAL HISTORY He has a history of having been a significant cigarette smoker for many years PHYSICAL EXAMINATION Physical examination reveals a 5'8 tall pressure is 130/88 152 1/2 pound male Blood The examinee has a healed right thoracotomy incision with a moderate degree rales of hyperinflation bilaterally There are no wheezes rhonchi or Expiratory phase is only mildly prolonged The balance of the physical examination is unremarkable RAYS An ray taken in January of 1990 showed chronic obstructive as well as interstitial change and a nodular density in the right upper lobe which turned out to be an adenocarcinoma A review of the examinee's chest ray supports the analysis provided by Dr. Gerle in January of this year above CONCLUSION DIAGNOSIS The question at hand is whether the patient suffers from occupational lung disease This question must be answered in the affirmative Not only does he have biopsy pulmonary fibrosis associated with asbestos and talc particles he also . has a carcinoma of the lung occurring in this setting 08-06-91 03:50 F03 HUG 00 21 14.01 14.01 UVI * MODUL SIK NI 3 RE HARMER DALE CAUSAL RELATIONSHIP We may therefore conclude that the examinee's from pneumoconiosis derives solely from his occupational dust exposures and that given his smoking history his carcinoma derives in part his occupational exposure As you may know asbestos exposure and cigarette usage act synergistically to dramatically increase the risk of carcinoma The risk of lung cancer in nonsmoking asbestos workers is not known for sure but is felt asbestos worker to be very very low may be difficult as Indeed finding a nonsmoking the classic studieisn this area referred only to asbestos workers who never regularly smoked Additional studies have failed to take into account the presence of passive smoke and may be flawed by virtue of reliance on smoking histories . which are notoriously misleading What we can say is that if asbestos in and of itself operates as a carcinogen it is very weak asbestos exposure is however The known combination to be a very of cigarette usage strong risk factor for and the development of lung carcinoma In 1990 it is accepted that if a carcinoma develops against a background of clinically or pathologically proven asbestosis it can be assumed that asbestos exposure played a role in the development of this cancer Certainly this is the case with Mr. Harmer who has asbestosis as suggested by ray and proven by biopsy The absence of crackles on his lung exam does not mitigate against the diagnosis of asbestosis Because Mr. Harmer has asbestosis it can be concluded that his lung cancer derives in large measure from his asbestos exposure and also from his term usage of cigarettes APPORTIONMENT Apportionment of this contribution is very difficult but it that 50 of the examinee's lung cancer risk is reasonable to conclude , derived from occupational exposure to asbestos Thank you again for this referral 08-06-91 03:50 PO2 AUG 06 '91 14:30 0OT & ASSOC SYR NY . o, * 4 _ RE HARMER DALE I certify and affirm that the foregoing report is true to the best of my knowledge under the penalties of perjury Sincerely D . . . S David J. Davin M.D. Pulmonologist DJD CC Worker Compensation Board Atty Michael Oot 501 E. Washington St. Syracuse NY 13202 Gregory Loewen M.D. 830 Washington St. Watertown NY 13601 Joseph Meyer M.D. 826 Washingotn St. Suite 106 Watertown NY 13601 Michael Lax M.D. 550 Harrison Center Suite 300 Syracuse NY 13202 08-06-91 03:50 P01 State University of New York D Health Science Center Syracuse College of Medicine Pathology Department of FAX 315 464-7130 June 27 1990 Jovan G. Kuan M.D. Pathologist The House of the Good Samaritan 830 Washington Street P.O. Box 517 Watertown New York 13601 Re Dale My # Harmer JA90-34 S90-3467 Dear Dr. Kuan much for sending the right upper lobectomy specimen from Thank you very for my study as requested by Dr. Loewen and Dr. Lax I have all of the Mr. Harmer several sections from the lung tissue but apparently prepared in lab If possible I would appreciate a tumor was removed for study your slides of tumor for my file I am few unstained sections of representative of the lung tissue in the enclosing two unstained sections representative remaining lung or The lung shows focal honeycombing with mucus accumulation and epithelial There is focal interstitial fibrosis and marked accumulation of metaplasia dust consistent with talc and numerous asbestos bodies strongly birefringent bodies which may be based other as well as larger ferruginous minerals Mr. Harmer did relate verbally to me that he had Wollastonite processing mill for several years { _f . These findings are sufficient for a diagnosis of pulmonary talcosis and asbestosis Studies to identify the types of fibers and other particles present in the lung tissue are underway and the results should be avai; lable _ 5 within a few weeks I hope Looking forward to hearing from you Sincerely JLA cc Dr. Dr. Loewen Lax Jerrold L. Abraham M.D. Associate Professor and Director of Environmental Occupational Pathology and College of Medicine Committed to Excellence in Professional Education Patient Care and Research College of Graduate Studies College of Health Related Professions E ast Adams Street Syriense Syriense NY 13930 College of Nursing University Hospital