Document QgvMGLzJVweNgnK5jGV23Vp9v

AIA-102 March 2, 1977 MEMORANDUM TO: G.G. C-abrielson, Jr. Chairman, Legal-Medical Research Comm ucuee Asbestos Information Associaticn/'i . A . FROM: V/endell B. Alcorn, Jr. RE: Availability of Services from Soecial Counsel The purpose of this memorandum is to summarise our remarks to the Legal-Medical Research Committee at the meeting held ir. New York City or. Monday, February 28, 1977, concerning the services that are r.ov; available from our 1. Data Eank At the time our firm undertook the project with the guidance of the Committee, initial contacts with corporate representatives and outside counsel were made regarding the status of pending cases. It soon became obvious that there was r.c central source of retrievable data available to all AIA/SCA members. Furthermore, there was a pronounced conl'usion ar.c lack of comprehension by many companies regarding the various suits in which they were named as defendants. The /y 4 primary reason for this state of affairs 'were: (i) defense*^ efforts were controlled by insurance carriers who dealt primarily or. ar. ac hoc basis with local counsel ar.d (ii) AIA-102 many companies lacked the lateral or outside staff to under take coordination of the rapidly multiplying lawsuits in various jurisdictions. There were patently adverse effects that flowed from the foregoing conditions: (i) companies experienced great difficulty in coordinating discovery and responses to dis covery; (ii) companies experienced difficulty in quantifying potential exposure for financial reporting purposes; and (iii) different stategic ar.d tactical approaches were being followed in the various jurisdictions by the sar.e defendants. Our firm has compiled data from various repositories of information concerning past and pending court actions. We have concentrated on defining for each case: (i) the phase of industry or chain of distribution involved; (ii) the types of injuries claimed; (iii) the theories of liability and defense that have been advanced: and (iv) examples of discovery and responses on a selective basis. An overriding P*00ljCrconsideration has been to establish a system that allows quick retrieval of available information. J*ta-83 The data bank is built around the following index keys: (i) jurisdictions in which cases have been brought or are pending; (11) the particular, injuries claimed; (iii) individual and corporate defendants by name; (iv) significant discovery, emphasizing interrogatories and depositions; (v) AIA-102 court decisions and orders; ar.d (vi) attorneys of record-. To the extent that raw information has been distilled and organized in the data bank, the foregoing index keys allow a maximization of retrieval by non-atterney staff at a rapid rate. As you know, requests for information from AIA/MA members have been sent with respect to past and pending litigation. As information is received, it is analyzed and integrated into the existing system. This system is expand able to enable flexible integration of new data. V.rs wish to encourage the members of AIA/MA tc comply witn cur requests for information. The advantages tc be gained from completing the data bank on court actions ' as far as possible include the following: (i) rapid avail ability of prior case information; (ii) a source to facilitate the determination of consistency of defense positions, or lack thereof; and (ill) a system that provides examples of standardized pleading forms and comparative discovery instruments and papers. Me contemplate that the investment of attorney *'83 time, which has been heavy up until about two weeks ago, can be considerably downgraded In connection with future operation of the data bank. The established system allows for clerical integration of data received in the future. The same is true ir. the case of retrieval. 0- - AIA-102 The heart of the data bank consists of files ` established covering the following subjects: (i) individual lawsuits, including significant pleadings and discovery; f i file^ s on attorneys representing plaintiffs or defendants: (iii' li1es on medical experts including curricula vitae, memoranda of interviews, specialties and ratings; (iv) materials relating to the medical portion of the Committee's project; (v) responses to questionnaires transmitted by our firm, to AIA/NA members; (vi) form pleadings and discovery; and Cvii) source materials of a nature net included ir. the :cregoang. --------- Members of AIA/NA are invited to direct requests for any information from the data bank to either Miss Carey Gross or myself at the offices of Cadwalader, Wickersham. 4 Taft. 2. State of the Art Defense Philip Enterline, PhD, has completed a survey of the English language, medical literature on the subject of the relationship between asbestosis/astestos dust ana lung cancer. Facing sheets and abstracts from materials reviewed have been provided to the Committee. Copies of the complete medical studies and reports reviewed by Dr. Enterlins are available from our offices. We anticipate providing to AIA-102 AIA/N'A a legal nemorandur, cr. the state of the art as a ' defense in light of materials already received from Dr. Enterline. Subject to the qualification that additional information is expected from Dr. Enterline, the final piece will ce completed by the end of April. Further study is being made into the subject of asbescosis, itself. Also, Dr. Enterlir.e and his staff are reviewing the problem cf tne relationship between asbestos exposure and cancers other than carcinoma of the lung. 3 - Expert Witnesses Our firm has interviewed a number of physicians recommended by Hans Weill, h.D., as potential experts. The names of these persons along with curricula vitas have been forwarded to AIA/NATs office for distribution as possible witnesses in pending cases. We would be pleased to discuss the needs of individual companies in acquiring expert testimony on either specific problems relating to legal actions or the state of the medical art defense. b. Practical Aids to Defense Counsel produced JM-83 As presently established, our files are available zc provide information on past and pending cases. The data bank system is set up and awaits responses from individual 5- - AIA-102 companies as they are received. The materials and answers to the questionnaire sent out by special counsel will be cataloged and the Information can be retrieved almost totally by non-attorneys. It Is presently contemplated that the only costs in the future or. this phase of the project will be primarily non-legal, clerical and duplication costs. The names and some curricula vitae of expert medical witnesses have beer, made available through Mr. Mersr.ess ' office in Washington. If additional expert witnesses are needed, we have the ability to seek referrals from potential experts already submitted to AIA/NA. Confidential information on "ratings" cf the .screened expert witnesses is available also. A number of legal memoranda have been provided to members of AIA/NA. These include memoranda on statutes of limitations, resolution of cigarette-cancer litigation, the doctrine of collateral estoppel and other matters. If any member of AIA/NA desires a copy of any of the foregoing memoranda, simply let us know and we shall provide the PRODUc reauested material-. jM'83 There is available forms of standardized pleadings and discovery. By the end of April, a memorandum will be distributed detailing the availability of these forms. It should be noted that we have assisted counsel for individual companies in preparing responses to -C- AIA-102 5. Conclusion v At present, our firm is prepared to act as a clearing house for data that is supplied by Individual company defendants. We are also prepared to assist individual ccnpanies in formulating answers and responses to discovery, as well as other pertinent information on asbestos-related disease cases. Each neither is invited to contact us whenever the need arises. fcoAJr. PRODUCED JM - 83