Document RpnyEr4qZOnyg6w6xqKj711va

c r CHEMICAL MANUFACTURERS ASSOCIATION June 3, 1980 To : Addressees He : Meeting of Counsel to CMA Members of CMA Vinyl Chloride Special Projects Panel, June 19, 1980, to Discuss Paul Waldrop v. Vistron Corporation, No. 224,985 (D.C. La., East Baton Rouge, filed June 5, 1979) & i9*& The purpose of this letter is to invite you, or counsel designated by you to represent your company, to a meeting to discuss funding and other matters related to CMA* s defense in the above litigation on June 19, 1980, beginning at 9:00 a.m. at the Washington Hilton, 1919 Con necticut Avenue, N.W., Washington, D.C. in the Military Room. Your company is being invited in its capacity as a current or past member of the CMA Vinyl Chloride Special Project Panel. As you know, the operations of CMA's Special Project Panels are funded and conducted not by CMA but solely by the company members of the panels. In view of the nature of the complaint in the above litigation it appears reasonable to assume that the costs of CMA's defense would be borne by the members of the CMA Vinyl Chloride Special Projects Panel. Accordingly, we are convening this meeting to discuss an appropriate funding arrangement and litigation strategy in CMA's defense of this complaint. For your information, the plaintiff, a former employee of Uniroyal, Inc., suffers from cancer of the colon allegedly incurred as a result of workplace exposures to acrylonitrile. Named as corporate defendants are Uniroyal, Inc., Vistron Corporation, American Cyanamid Company, E. I. duPont de Nemours and Company, Monsanto Company, Standard Oil Company (Ohio), and Continental Insurance Company. In addition to naming various individuals of the corporate de fendants, the plaintiff, by means of a fifth amendment of his complaint (copy attached), has also named CMA as a de fendant, charging that: VVC 000003039 Formerly Manufacturing Chemists Association--Serving the Chemical Industry Since 1872. VEV-386331 1825 Connecticut Avenue. NW Washington. OC 20009 Telephone 202/328-4200 Telex 89617 (CMA WSH} 2- - 1. CMA, at the direction of its members, undertook responsibility for conduct ing tests of the toxicity and carcino genicity of its members' chemicals. 2. In the latter part of the 1960's, CMA obtained information that vinyl chloride'(VC), which is similar in composition to acrylonitrile (AN) was a carcinogen. 3. CMA and its members "suppressed such information, did not release it for public dissimination or report it to appropriate govern ment officials and engaged in a cover-up of the carcinogenic effects of vinyl chloride." 4. Had the Association and its members not engaged in this cover-up then information concerning the carcin ogenic effects of acrylonitrile would have been discovered earlier because of the similarities between the two chemicals. 5. Early dissemination of information about VC would have resulted in the imposition of stricter controls and standards for workers exposed to the chemicals and the issuance of warnings to workers. 6. Plaintiff's cancer would have been prevented, lessened, etc. CMA has retained the firm of Liskow & Lewis of New Orleans to assist in our defense. At this time, the status of our insurance coverage for the alleged acts is still under review by our insurance carriers. In view of the fact that (on the basis of a second extension of time) we must file responsive pleadings in the above matter by July 2, 1980 it is important for counsel for members of the Vinyl Chloride Special Project Panel to meet at the earliest possible time. VVC 000003040 VEV-384332 -3- For any questions you may have please contact David Zoll, CMA's Assistant General Counsel for Antitrust & Regulatory Litigation, at 202/328-4276. Thank you Edmund B. Frost Vice President and General Counsel Enclosure ccs J. Berry St. John, Esq. (without enclosure) Member representatives of the CMA Vinyl Chloride Special Projects Panel Member representatives of the CMA Acrylonitrile Special Projects Panel Dr. Geraldine V. Cox, CMA Vice President - Technical Dr. Hasmukh C. Shah, Director, CMA Special Projects VVC 00000304J VEV'386333