Document ZBMG1mV7BaQ36p4b9ZOggLMa0

KELLEY DRYE 8c WARREN TAGGART 0. ADAMS TRACY P. AMBLER DAVID E. BARRY NED H. BA5SEN ROBERT D. BICKFORD. JR. WILLIAM C. BUND LEONARD A- BLUE RICHARD W. BRADY PAUL R. BRENNER PAUL L. BRE8SAN RICHARD G. BROORICK JOHN M. CALLAGY DAVID R. CHIPMAN BRIAN CHRISTALDI RICHARD J. CONCANNON JEFFREY 9. COOK JOHN J. COSTELLO SAMUEL 9. CROSS ROBERT E. CROTTY EUGENE T. D ABLEMONT PAUL F. DOYLE W CHRISTIAN DREWES ROBERT EHRCNBARD B. HARRISON FRANKEL JOHN A. GARRATY. JR. JOHN F. GIBBONS PAUL C. GUTH ROBERT L. HAIG BEN I. HARAGUCHI HARVEY l KENJI HASHIDATE* WILLIAM C. HECK MARTIN D. HEYERT BUD GEO. HOLMAN J. QUINCY HUNSiCKER. 3RD MICHAEL S. INSEL WILLIAM A- KROHLEY JOHN J. LYNAGH GEORGE J. MARCHESE LELAND J. MARKLEY JUN MORI* JOSEPH S. MUTO* FREDERIC S NATHAN CHARLES OECHLCR HENRY Y. OTA* THEODORE PEARSON ALTON E. PETERS EDWARD ROBERTS. HI TERRANCE W. SCHWAB FREDERICK T. SHEA JOHN W. SIMPSON* FRANCIS Y. SOGI HOWARD S. TUTHILL III DAVID L. VAUGHAN ALBERT J. WALKER CHAUNCEY L. WALKER LOUIS B. WARREN SHIGERU WATANABE* E. LISK WYCKOFF. JR. CS ZIMAND lOI PARK AVENUE NEW YORK. NY. 10178 (212) 808-7800 CABLE "LAWYERLY-* TELEX 12369 TELECOPIER <2121 808-7898 1212) 808-789 WRITER'S DIRECT LINE 12121 80.7711 WALTER E. BEER. JR. THOMAS B. GILCHRIST. JR. WILLIAM C. BURT* NEIL T. PROTO* JOSEPH W. DRAKE. JR. ALFRED W. ROBERTS GEORGE SIEGEL COUNSEL "NOT A0MITTED IN NEW YORK October 3, 1984 BY VAN AT 11 WEST 42ND STREET Alan M. Rubinson, Esq. Law Department - 3259 Union Carbide Corporation Old Ridgebury Road Danbury, CT 06810 Re: Sireci v. Union Carbide, et al'. 824 SOUTH GRAND AVENUE LOS ANGELES. CA. 80017 (213) 889-1300 90 CALIFORNIA STREET SAN FRANCISCO. CA. 94111 14151 988-3530 ONE LANDMARK SQUARE STAMFORD. CT. 08901 1203) 324-1400 TELECOPIER 12031 327-2889 30 MAIN STREET DANBURY. CT. OSBIO 1203) 743-7810 1333 NEW HAMPSHIRE AVE.. N.W. WASHINGTON. D C. 20038 (2021 483-6333 TELECOPIER (202) 463-6338 lOO NORTH BISCAYNE BLVD. MIAMI. FL 33132 (309) 372-0030 TELECOPIER (305) 356-5156 179 SOUTH STREET MORRISTOWN. NJ. 07960 HASHIDATE 8 SOGI IMPERIAL TOWER M. UCHISAIWAICHQ t-CHOME. CHIYODA-KU TOKYO IPO. JAPAN LAW DEPARTMENX OCT * TdB4 ft. M. RUBINSON Dear Alan: As you know we are awaiting a decision regarding our motion to strike plaintiff's interrogatories in this action. We are also waiting for Kalex to formally appear so that we can obtain discovery with respect to our statute of limitations defense. While we still wish to pursue the limitations defense, there remains a good charge that we may ultimately be required to defend this action on the merits. t Given this possibility, John Callagy and I believe it would be prudent to develop our defense with respect to the merits of this action at this time. Toward this end, we must be prepared to come forward with evidence as to the issues of causation, proximate causation and adequacy of the warnings among others. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 087235 KELLEY DRYE & WARREN Alan M. Rubinson, Esq. -2- October 3, 1984 It would be extremely useful for us at this point to continue to review Union Carbide's own records to fix precisely (l) what products containing PVCLwere supplied to Kalex and its ^ predecessors^ This information should include the quantity and frequency of each product shipped to Kalex and information pertaining to the prescribed or recommended usage. We would also be interested in obtaining any product literature/ /I ^information. cautions or warnings which accompanied the '=5' shipment of each product. We should also be put in contact with those individuals at Union Carbide who have a technical understanding of PVC's and their potential for harm if used without the proper precautions. We have obtained a number of medical authorizations entitling us to obtain the records of each of Mr. Sireci's treating physicians. We have forwarded these authorizations to the appropriate individuals and are awaiting their response. Once this information has been received, we should have it reviewed by a competent medical expert in order to determine the precise nature of the illness which Mr. Sireci contracted. Ideally, our expert should have expertise in epidemiology so that he will be able to determine whether or not this particular form of cancer could have been caused by exposure to PVC. An epidemiologist would also be able to review Mr. Sireci's prior medical history to determine whether anything else could have caused or contributed to his illness and death. W I have used a number of physicians and toxicologists in the past on other types of toxic substance exposure cases. I am confident that we could locate and retain an appropriate expert witness, however we would appreciate any input you may have with respect to this matter. Bes% regards. Sincerely your, / *+ JVO'G/rg j-arn^s V. O'Gar a ORDER" UCC 087236