Document MM14DXB65xeg4x4NpbYB6o1Bx

'V fs June 24, 1929 Mr. Calvin P. Reid, The Travelers, Liability Dept. Claim Division, 30-42 E. 42nd Street, . Hew York City, My dear Mr. Reid: . , I am sorry to have neglected writing you up to ------ -- - * * ` > Dallas, Texas, some What I have to say about my trip will probably be of very little value, though I hope that m y conversation with the attorneys was of some value. I first went to visit Mr. Grisham of Thompson, Knight and Baker, Law Firm, and then went with hi m to see Mr. Davis of the Conti nental Company and Mr. Hamilton of Hamilton and Hamilton, and a gentleman,whose name I forget at the moment, from Abilene, who was representing the Continental people. It had previously been arranged that M r . be in town on that day and I was able to see him at the office of Doctor Dorman. My conversations with the attorneys were devoted to giving them the available in formation on the subject of Ethyl Gasoline, and to detailing to them how a defense of the suit should be presented, at least from the point of view of presenting medical evidence. I maintained that the diagnosis of lead poisoning is very difficult to make except as one can prove the existence of a significant spurce of exposure. Granting the existence of such a source of exposure, the general symptoms are not likply to be specific for lead so that it becomes necessary to find at least some of the classical signs of lead poisoning In the form of a lead line, stippling of the red blood corpuscles, gastric cramps, muscular weakness1 or paralysis, especially of the type resembling wdrop wrist*1. In the absence of such signs one would be Inclined to look about for a possible interpretation of the illness other than lead, and It would then become a question as to what constitutes the most plausible basis for the sysflptoms, I pointed out that in this case there is a strong presumption, based upon years of experience and experimental evidence as well, that there was no adequate source of exposure at least in so far as Ethyl Gasoline is concerned (I believe that there was some possibility in this man*s case of exposure to lead in the handling of tirs, but I did not personally examine carefully into this matter liecause of the shortness of m y stay.) In the absence of significant expo sure It would therefore become all the more necessary to estab lish the existence of some of the cardinal symptoms and signs of lead poisoning. The question arises, therefore, as to whether this man had at any time had a lead line, whether he had had stippling, or whether anybody h^d examined into this matter (failure on the part of the examining physician at this Stage 0011525 Mr. Held .#2 \: \ would certainly indicate that he failed to have a proper i appreciation of the factors necessary to make a diagnosis,|\ and this matter should he used to confront the physiian i;\ in the case as to what constituted the basis of his diag- V \ nosis) As to the explanation of the symptoms on a basis ^ . other than that of lead poisoning* which is the third ' point in m y thesis* it is particularly easy in this case* One has the opinion of a disinterested physician, Doctor { Dorman, who has believed from the start that the entire thing was of infectious origin and that the second irrita tion was of a chemical sort having no relationship to iead* This was the opinion also of Doctor Page who was represent ing the liability company in Dallas* It would seem to m, therefore* that there should be no great difficulty ln__ presenting this case and in arriving at a favorable \ \* \ - ' * 5, ,v r v : ! V I saw and talked with and, although I was not able to follow up the matter, there was \ some doubt in m y mind as to whether his skin condition was in any way connected with gasoline* The type of lesions ` %vas typical to those described as being due to gasoline ' irritation, but similar lesions have been described as due to a number of other causes* Furthermore, he had had a recurrence of this condition,after its apparent complete < disappearance,during a period in which, he was having no exposure whatever to gasoline* Doctor Dormai^to^^ae that his physician at Abilene had suggested that was better when he was away from home than he was while at home* This suggested that the skin condition that he had mights be due to something in his home environment, or even suggested the possibility of its being due to food* The type of lesion suggested to me that it might even be due to iodides and when I asked him what kind of salt-he used he promptly ; replied that he used iodized salt* This may or may not be ; of importance, but I suggested to Doctor Dorman that it be l investigated into arid that if it turned out to he the case < > he should be taken off this iodized salt and observed to ` see if a recurrence failed to appear* or whether it would f recur later if the lodifed salt were resumed* In the matter of the wrist and hand,m _ apparently hp-d. suggested to. the : V\\ . -b '-'.vv : "'IIIV' agree fully with Doctor Dorman and Doctor Machle* s diagno sis that this was an arthritis and a definitely infectious thing. While I was there I asked that an X-ray picture be taken of the hand and I had an opportunity to see the ; picture before I left. This picture showed1fthat I knew it would* the development of changes in the bones at the joints < - changes which are characteristic of low grade Infectious ; involvements of the joints* Mr. Reid #3 3 Some doubt was expressed by the attorneys* especially Mr# Hamilton as to what-would be the action of ' a jury in this matter# They seemed to feel that there was a considerable possibility that the condition of the patient himself, which is obviously not good# and that the somewhat crippled hand that he has would speak so loudly for him in couyt that he might get a verdict arising out of pure sympa thy* Naturally I could not express an opinion on this point* These gentlemen ought to know more about Texas juries than I and yet it seems to me that if this matter were presented vigorously and in a straightforward fashion there should be no doubt at least to the lack of influence of lead upon this injury* I believe# however, that good expert testimony will be necessary in order to prevent the clouding of the issue* I understand from Doctor Machle that Doctor Dorman considers himself a very good expert in such cases* His geniality and his easy-going manner, however, leedme to wonder whether he would express his opinions with the certainty which is necessary to carry with a jury# It would seem that the attorneys should be able to dcide this point, but the case is of such importance and a verdict against leaded gasoline \*?ould react so badly even though .it was entirely unjustified,, that I believe it is necessary to spare no trouble and expense in.seeing to it that the scientific evidence is properly preserited* It wassuggested b y one of the physicians, Doctor Page, that J ^ J H ^ f H F a t t o r n e y was:willing to settle ; the matter out of court* I do not know what this means, but I merely mention it that it may be considered for what it id worth* . ' ;; If there are any' farther developments in th matter I should be pleased to know about them* Very truly yours, R A K jEJ Ke 0011527