Document b57zxNB2vB7LVg4p25Z8Koa83

In an additional effort to provide stable pallets for shipping, Manville Corporation or related entities utilized an automatic wrapping machine which wrapped a single or double layer of stretch film around the pallet load. PRODUCT WARNING LABELS Manville Corporation or related entities placed warning labels on the packaging of its asbestos containing thermal insulation products from which dust might have been released during installation. These labels and dates of their use are as follows: 1964 to 1970 CAUTION THIS PRODUCT CONTAINS ASBESTOS FIBER. INHALATION OF ASBESTOS IN EXCESSIVE QUANTITIES OVER LONG PERIODS OF TIME MAY BE HARMFUL. IF DUST IS CREATED WHEN THIS PRODUCT IS HANDLED, AVOID BREATHING THE DUST. IF ADEQUATE VENTILATION CONTROL IS NOT POSSIBLE, WEAR RESPIRATORS APPROVED BY THE U.S. BUREAU OF MINES FOR PNEUMOCONIOSIS- PRODUCING DUSTS. 1970 to 1972 CAUTION THIS PRODUCT CONTAINS ASBESTOS FIBER. AVOID BREATHING THE DUST. INHALATION OF ASBESTOS IN EXCESSIVE QUANTITIES OVER LONG PERIODS OF TIME MAY BE HARMFUL. IF DUST IS CREATED WHEN THIS PRODUCT IS HANDLED, USE PROPER PROTECTION. IF PROPER DUST CONTROL CANNOT BE PROVIDED, RESPIRATORS APPROVED BY THE U.S. BUREAU OF MINES FOR PROTECTION AGAINST THE PNEUMOCONIOSIS- PRODUCING DUSTS SHOULD BE WORN. 34 1972 to 1978 CAUTION CONTAINS ASBESTOS FIBER AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM 1978 to 1985 CAUTION CONTAINS ASBESTOS FIBERS AVOID BREATHING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM SMOKING GREATLY INCREASES THE RISK OF SERIOUS BODILY HARM Manville Corporation or related entities began using these warning labels in 1964, after learning of reports from Dr. Irving J. Selikoff that there was a health risk associated with the installation of some, asbestos containing thermal insulation products. The label in use from 1972 to 1978 was prescribed by the United States Department of Labor, Occupational Safety and Health Administration (OSHA) pursuant to 29 C.F.R. Sec. 1910.1001. In November 1978, this label was revised by Manville Corporation or related entities to include a no-smoking warning. In addition, product literature and brochures which were distributed to customers also addressed potential health risks associated with the installation of asbestos containing thermal insulation products. Warning or caution labels which were used for asbestos containing products manufactured by Manville Corporation or related entities were generally located on the packaging material, such as the bag or box. In addition, the caution information was often also stenciled on the top of the shipping unit. However, the exact location of the warning label depended on the type of product 35 involved. After 1972, labeling practices were dictated in part by United States Department of Labor, Occupational Safety and Health Administration (OSHA). Asbestos containing pipe covering and block insulation were shipped in cardboard cartons, and a label was printed on a side panels of each carton. For asbestos containing board products, labels were stamped on every sheet or every fifth sheet, depending upon the specific product. Asbestos cements were shipped in multi ply kraft paper bags or heavy duty polyethylene bags, and the warning label appeared on the back panel of each bag. Asbestos cloth, shipped in tubes, contained a label on the exterior of each tube. Asbestos containing millboard products, shipped in corrugated cardboard cartons, had a label located on the top side of the carton. FIBER WARNING LABELS Manville Corporation or related entities placed warning notices on the packaging of its asbestos fiber. The warning labels and the dates of use are as follows: 1969 to 1972 CAUTION THIS BAG CONTAINS ASBESTOS FIBER. PERSONS EXPOSED TO THIS MATERIAL SHOULD USE ADEQUATE PROTECTIVE DEVICES AS INHALATION OF THIS MATERIAL OVER LONG PERIODS MAY BE HARMFUL. 1972 to 1978 CAUTION CONTAINS ASBESTOS FIBER AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM 1978 to 1983 CAUTION CONTAINS ASBESTOS FIBER 36 AVOID CREATING DUST BREATHING ASBESTOS MAY CAUSE SERIOUS BODILY HARM SMOKING GREATLY INCREASES THE RISK OF SERIOUS BODILY HARM The label in use from 1972 to 1978 was prescribed by the United States Department of Labor, Occupational Safety and Health Administration (OSHA) pursuant to 29 C.F.R., Sec. 1910.1001. In November, 1978, Manville Corporation or related entities revised this label to include a no-smoking warning. Manville Corporation also placed warnings on all bags containing asbestos fiber in five additional languages; i.e.: French, Dutch, German, Spanish and Japanese. Additional language may have been used from time to time. In addition, product literature and brochures which were distributed to customers also addressed potential health risks associated with the use of asbestos. No single person can be considered "most knowledgeable" about more than sixty years of operations of Manville Corporation and related entities. In an effort to be responsive, the Fund will produce corporate organization charts at the records repository maintained by the Fund in Denver, Colorado at a time convenient to the parties. Interrogatory No. 8; Identify which products manufactured, distributed or otherwise placed into the stream of commerce by Manville which qualified under any military specifications. For each asbestos-containing product manufactured, distributed, or otherwise placed into the stream of commerce by Manville that qualified under one or more of the military specifications: (a) State which military specifications it satisfied; and (b) State the inclusive dates that the product was listed on the military qualified products list for that particular military specification. RESPONSE: During World War II and all times subsequent, asbestos products were considered strategic and critical materials under national legislation. Manville Corporation or related entities sold various asbestos products which met various specifications written by the United States Navy, the Maritime Commission and other entities, including the American Society for Testing and 37 Materials (ASTM) Specifications, the Coast Guard Specifications, the Maritime Administration Specifications and various government specifications such as Guide Specifications and Project Specifications. In order to meet many of the standards, new insulation products were developed, resulting in products which were lighter in weight and less flammable. These products also met industry standards. The Fund has in its possession various specification directories which were designed serve as sales aids in identifying products of Manville Corporation or related entities which were involved with U.S. government specifications. These directories include the specification number, the title of the product and the comparable product material of Manville Corporation or related entities which may or may not comply with the specification. The directories will be made available for inspection and copying at the records repository maintained by the Fund in Denver, Colorado at a time agreed upon by the parties. In addition to the documents which will be specifically identified and produced at that time, there may be additional documents responsive to this Interrogatory among the general collection of documents in the repository. This collection of documents will be made available to plaintiffs for review. See response to Interrogatory No. 1. Interrogatory No. 9: Was the composition of any of the asbestos-containing thermal insulation products manufactured and/or distributed by Manville, specifically including asbestos content, intentionally different with regard to sales by Manville of said products to the United States Government or any of its agencies as compared to asbestoscontaining thermal insulation products sold and/or distributed by Manville for sale to non-governmental private industrial consumers? If so, state the following: (a) (b) (c) (d) (e) (f) The type of asbestos-containing thermal insulation product in which the composition of the product was intentionally different with regard to sales by Manville to the United States Government or any of its agencies as compared to sales to non-governmental private industrial consumers; The trade name of any such product; The time period during which such intentional variation in the composition of said product(s) occurred; Describe each such intentional variation; Explain why each such intentional variation occurred; and Identify the person or persons who are most knowledgeable concerning these intentional variations. 38 RESPONSE: See response to Interrogatory No. 8. Interrogatory No. 10: Was there any difference in the packaging of any asbestoscontaining thermal insulation product manufactured and/or distributed by Manville and sold to the United States Government or any of its agencies and sold by Manville to non-governmental private industrial consumers? If so, state the following: (a) (b) (c) (d) (e) Identify the type of asbestos-containing thermal insulation product which was sold and/or distributed by Manville to the United States Government or any of its agencies in packages that were substantially different from said products sold and/or distributed by Manville to non-governmental private industrial consumers; The trade name of any such product; The time period during which such differences in packaging occurred; If there was a reason for each such difference in packaging, state what each such reason was for each packaging variation; and Identify and describe all variations in the packaging of asbestos-containing thermal insulation product(s) identified above that was sold to the United States Government which distinguished such packaging from the asbestos-containing thermal insulation product that was sold to non-governmental private industrial consumers. RESPONSE: Manville Corporation or related entities sold their products to the U.S. Government in packaging designed to strictly comply with existing federal and military standards for packaging promulgated by the particular purchasing activity. For example. Military Standard 129 (MIL-STD-129), first promulgated in August 1951, was a compilation of various previous standards of the Army, Navy and other defense related institutions. The purpose of MILSTD-129 was to provide uniform marking of shipments. Deviations were only permitted upon the approval of the procuring activity. Unauthorized markings were prohibited unless permitted by the procuring activity or by statute or regulation. All responsive documents in the possession, custody or control of the Fund will be produced at the records repository maintained by the Fund in Denver, Colorado. In addition to the documents which will be specifically identified and produced at that time, 39 there may be additional documents responsive to this request among the general collection of documents in the repository. This collection of documents will be produced at a time agreed upon by the parties. See response to Interrogatory No. 1. Interrogatory No. 11: Identify by name, address and telephone number, the name of all salesmen (including inside salesmen (in-house) as well as outside salesmen (in the field)) for Manville whose duties included matters pertaining to the sale or distribution of asbestoscontaining insulation products in the Commonwealth of Virginia during all years from 1928 through 1972. For each such salesman: (a) State the years during which such salesman worked for Manville; (b) The territory to which he was assigned; and (c) The names and addresses of the customers within that territory to whom sales of asbestos products were made by that salesman. RESPONSE: Salesmen of Manville Corporation or related entities responsible for sales of asbestos containing thermal insulation products within the Commonwealth of Virginia during the relevant period of time included the following individuals: Joseph A. Campbell, Jr. 4821 Eastwick Toledo, OH 43614 John B. Dorsey 3800 East Mansfield Avenue Englewood, CO 80110 Arthur E. Flack 6824 Barnett Road Balt, MD 21239 Patricia Keegan 606 Pickwood Drive Glenshaw, PA 15116 M.B. O'Malley 113 Sharon Drive Pittsburgh, PA 15221 W.H. Parker 755 Shady Lane Mt. Lebanon, PA 15228 40 R.S. Parsley 5784 Shasta Circle Littleton, CO 80123 T.P. Williams 226 S. Interlocken Drive Evergreen, CO 80439 In addition, the following is a list of distributors of asbestos containing products manufactured by Manville Corporation or related entities for the state of Virginia compiled to the best of the Fund's current knowledge and available records: Virginia A. Lynn Thomas Company River Avenue, Roanake 12/31/69-1985 Automatic Equipment Sales 300 Swann Avenue, Alexandria 22301 3501 Progress Street, Norfolk 23502 3600 Saunders Avenue, Richmond 23227 3517 Aerial Way Drive, Roanoke 24015 12/31/69-1985 1977-78 1977-78 1977-78 B & B Contracting, Inc. 2729 Dorr Avenue, Merrifield 22116 1977-78 C. E. Thurston 850 Tideware Drive, Norfolk 23501 P.0. Box 968, Richmond 23207 357 Salem Avenue, Roanoke 24007 1978 1978 1978 Caudle-Hyatt, Inc. P.0. Box 65, Fisherville 22939 P.0. Box 127, Hopewell 23869 P.0. Box 4541, Roanoke 24015 1977-78 1977-78 1977-78 Dunham Bush 101 Burgess Road, Harrisonburgh 22801 1977-78 East Coast Metal Distributors, Inc. 1320 School Street, Richmond 23220 1978 Gordon Metal Company 211 South 14th Street, Richmond 23219 9/15/59-1980 Hajoca Corporation P.O. Box 2428, Staunton 24401 1977 Metal Distributing 435 Calvert Avenue, Alexandria 22301 1977-78 41 N.B. Handy P.O. Box 737, Lynchburg 24505 1977 Noland Company 12515 Jefferson Avenue, Newport News 2324 Church Street, Norfolk 23501 1977-78 1977-78 Norport Supply Company, Inc. 3441 Mangrove Avenue, Norfolk 23502 1977-78 Porter Hayden Company P.O. Box 2116, Ashland P.O. Box 2321, Norfolk 4109 West Clay Street, 23005 23513 Richmond 23230 1977-78 1977-78 1977 Raub Supply 1840 S. Loudoun Street, Winchester 22601 1977 Stevens Supply Company 1716 West First Street, Radford 24141 1977 Waldron, Inc. 885G South Pickett Street, Alexandria 22304 1980 Whitten Electric Piedmont & Edmond, Bristol 24201 8/1/77-1985 Z & M Sheet Metal, Inc. 8425 Hilltop Road, Fairfax 22031 1981 All responsive documents in the possession, custody or control of the Fund will be produced at the records repository maintained by the Fund in Denver, Colorado. In addition to the documents which will be specifically identified and produced at that time, there may be additional documents responsive to this request among the general collection of documents in the repository. This collection of documents will be produced at a time agreed upon by the parties. See response to Interrogatory No. 1. Interrogatory No. 12: When, if at all, did Manville first realize that unprotected exposure to airborne (or inhalation of) asbestos dust and fibers could foreseeably cause illness or disease of any kind? (a) What illnesses and/or diseases did Manville discover could foreseeably be caused, precipitated, or aggravated by such exposure; (b) The specific date Manville acquired awareness of each disease entity and its foreseeable relationship to asbestos exposure; 42 (c) Explain fully how Manville obtained this information, including the source of any such information (i.e., medical articles, papers, journals, or warnings). RESPONSE: Representatives of Manville Corporation or related entities became aware of the confirmation of a relationship between asbestos exposure and the disease known as asbestosis in workers involved in mining, milling and manufacturing operations in the early 1930s. This knowledge was acquired: 1) from published medical literature which discussed the relationship between occupational exposure to asbestos and asbestosis among workers involved in asbestos mining and milling and certain asbestos manufacturing operations; and 2) as a result of claims filed by Manville's employees in 1929 and the early 1930s alleging injury due to occupational exposure to excessive quantities of asbestos. Representatives of Manville Corporation or related entities first learned of a possible relationship between mesothelioma and occupational exposure to asbestos in approximately 1960, when Dr. Wagner of South Africa published an article on this topic. Manville or related entities received a workers' compensation claim which alleged mesothelioma in 1962. Representatives of Manville or related entities first began to discuss a possible relationship between asbestos exposure and lung cancer in approximately 1943. However, for a number of years, there was no certain confirmation of a causal relationship. In 1955, Dr. Doll of Great Britain published an article on this topic, based on his epidemiological study of asbestos factory workers. Dr. Doll concluded that there was an increased incidence of lung cancer among those occupationally exposed to asbestos. Subsequent research has shown that lung cancer in those occupationally exposed to asbestos occurs primarily, if not exclusively, in persons who also use tobacco products. Interrogatory No. 13: When, if at all, did Manville first learn that the United States Government knew that the use or handling of asbestoscontaining products without respiratory protection could foreseeably cause lung diseases such as asbestosis, lung cancer, or mesothelioma? (a) (b) (c) (d) How did Manville first learn that information; Identify the person or persons at Manville who first learned this information; Identify any documents which support Manville's answer to this interrogatory; Identify all persons who have knowledge concerning this interrogatory. 43 RESPONSE; All responsive documents in the possession, custody or control of the Fund will be produced at the records repository maintained by the Fund in Denver, Colorado. In addition to the documents which will be specifically identified and produced at that time, there may be additional documents responsive to this request among the general collection of documents in the repository. This collection of documents will be produced at a time agreed upon by the parties. See response to Interrogatory No. 1. Interrogatory No. 14: Did Manville know that one of the customary work methods for the use of asbestos-containing products involved the use of hand saws, knives and scissors to cut or shape asbestos-containing products to fit around pipes? If so, (a) When did Manville first learn this information; (b) After learning this information, did Manville ever conduct any test to determine the amount of airborne asbestos fibers created from the cutting and/or shaping of its asbestos-containing products; (c) If so, state when and where each such test was conducted; (d) If such tests were conducted, identify all such test results, including any correspondence, memorandum, report or document which may reference or contain information about such test results. RESPONSE: Yes. The Fund is unable to state with specificity the exact date such knowledge was acquired by Manville Corporation or related entities but most likely was contemporaneous with the production and sale of such products. See response to Interrogatory No. 2. Beginning in 1968, Manville Corporation or related entities provided the services of an industrial hygienist to Dr. Selikoff and the Mt. Sinai Hospital in New York for the purpose of making environmental evaluations, including dust counts, at construction sites where thermal insulation products were being installed. This service was provided in conjunction with the joint scientific research program being conducted by the Mt. Sinai Environmental Sciences Laboratory, Johns-Manville Corporation and the International Association of Heat & Frost Insulators and Asbestos Workers Union. Reports of this program were published from time to time and are contained in the Insulation Hygiene Progress Reports from the Insulation Industry Hygiene Research Program, Environmental Sciences Laboratory, Mt. Sinai School of Medicine, New York, NY. These reports, referred to as "green 44 sheets" and published in The Asbestos Worker magazine, were sent to each insulator who belonged to the union, and described possible health hazards and safe handling procedures. From 1970 to 1973, surveys were performed at approximately one hundred of the company's fabrication shops and construction sites by Manville's Environmental Control Department. These tests were conducted under the direction of Edmund M. Fenner, now deceased. In addition, beginning in January 1973, a Manville staff engineer visited company job sites in order to perform dust counts to evaluate the dust levels at various locations. Thereafter, hundreds of tests were taken for airborne concentrations of asbestos. All responsive documents in the possession, custody or control of the Fund will be produced at the records repository maintained by the Fund in Denver, Colorado. In addition to the documents which will be specifically identified and produced at that time, there may be additional documents responsive to this request among the general collection of documents in the repository. This collection of documents will be produced at a time agreed upon by the parties. See response to Interrogatory No. 1. Interrogatory No. 15: With respect to any plants where Manville employees produce or produced asbestos-containing thermal insulation products, identify each employee who has filed a claim under any occupational disease or workers' compensation statute for any asbestos-related disease, including, but not limited to, mesothelioma, asbestosis, and lung cancer for each year from 1930 to 1972. For each individual identified: (a) (b) (c) (d) (e) (f) (g) (h) (i) State the date the claim was filed; State the date notice of the claim was received by Manville; Identify the governmental agency and location where the claim was filed; Identify where the records of the claim may be located, examined and copied; Identify the docket number of the claim; Identify the employee's occupation; Identify the disease alleged by the claimant; State whether the claim for occupational injury was allowed, disallowed or settled; and State whether claim was for living disability benefits or death benefits or both. 45 RESPONSE: The workers' compensation records of Manville Corporation or related entities for asbestos-related disease claims are located at the records repository maintained by the Fund in Denver, Colorado. Copies of non-privileged documents in these records will be produced at the repository at a time agreed upon by the parties. In addition to the documents which will be specifically identified and produced at that time, there may be additional documents responsive to this request among the general collection of documents in the repository. This collection of documents will be produced at a time agreed upon by the parties. See response to Interrogatory No. 1. Interrogatory No. 16: With respect to Manville contract insulation installation units, identify any employees who have filed claims under any occupational or workers' compensation statute for any asbestosrelated disease, including, but not limited to, asbestosis, mesothelioma, and/or lung cancer for each year from 1930 to 1972. For each individual identified: (a) (b) (c) (d) (e) (f) (g) (h) (i) State the date the claim was filed; State the date notice of the claim was received by Manville; Identify the governmental agency and location where the claim was filed; Identify where the records of the claim may be located, examined and copied; Identify the docket number of the claim; Identify the employee's occupation; Identify the disease alleged by the claimant; State whether the claim for occupational injury was allowed, disallowed or settled; and State whether claim was for living disability benefits or death benefits or both. RESPONSE: On information and belief, the following list contains names of installers of asbestos containing products who filed workers' compensation claims or lawsuits against Manville Corporation or related entities prior to 1970. Gustave J. Carlson (1935) (MA) asbestosis Lewis M. Munger (5-18-54) asbestosis Workmen's Compensation Award B-7297849 (MI) (Hearing Held, 1959 - 1st reference to Manville) Settled 46 Edward L. Campbell (1955) asbestosis Workmen's Compensation N-24318 (CT) Settled Ervev McCarrell (11-30-56) Workmen's Compensation (Order Joined Manville Settled asbestosis 56-LA-176684 (CA) 1959) John E. Swartout (12-28-55) asbestosis Workmen's Compensation 55-SF-169171 (CA) (Manville noticed 1956) Settled James W. Riley (7-15-57) pneumoconiosis Workmen's Compensation 57-LA-182835 (CA) Settled Harry Haake (1957) asbestosis Workmen's Compensation N-34614 (CT) Settled Manville not a party to the settlement Frederick LeGrande (7-17-57) asbestosis U.S. District Court 741-57, District of New Jersey Settled John Yavonditte (1958) asbestosis Workmen's Compensation 55-80-02394 (NY) James Cavanaugh, Sr. (1959) asbestosis Dean Templeton (7-8-60) asbestosis Workmen's Compensation (MI) Dismissed for Lack of Prosecution Clifford Harding (1960) asbestosis Harvey Curtis (11-21-60) pneumoconiosis Workmen's Compensation B-9384208 (MI) Settlement Award Against Owens-Corning Only Harvey Curtis (9-18-67) Workmen's Compensation (MI) asbestosis Ernest F. Gatelv (1960) Workmen's Compensation asbestosis Raymond J. Collins (1961) Workmen's Compensation (NY) bronchitis 47 Gladys Faciane (Clarence) (3-20-61) lung disease Case #77,004, Division "C", 19th Judicial District Court Parish of East Baton Rouge, Louisiana Claude J. Tomplait (12-11-61) Workmen's Compensation #W67299 (TX) Settled Claude J. Tomplait (12-23-66) Civil #5402 U.S. District Court, Eastern District of Texas, Beaumont Settled Division Anthony J. Onofrio (1962) Workmen's Compensation (CA) James Vogt (1962) Workmen's Compensation occupational disease David Mulligan (1962) Workmen's Compensation Denied, not total disability asbestosis Fred C. Wenham (2-23-61) Case #125-61, 3rd Party, New Jersey Dismissed lung disease U.S. District Court, William S. McKinney (1962) asbestosis Workmen's Compensation (OH) Exposure not established, Disallowed Faida LaBonte (7-22-63) asbestosis Workmen's Compensation WCB-563-07823 (NY) Robert O. Goans (5-16-63) asbestosis Workmen's Compensation 63-OAK-11052 (CA) Settled Willard R. Crader (12-17-64) asbestosis Workmen's Compensation 64-POM-1939 (CA) Settled Paul J. Greischar (4-24-62) asbestosis (Order joining Manville 4-17-64) Workmen's Compensation (CA) Settled Harry A. Burris (1964) Workmen's Compensation (MA) asbestosis 48 Ollie Rogers (6-23-64) Workmen's Compensation (CA) Settled asbestosis Thomas W. Gregory (5-26-64) Workmen's Compensation (TX) asbestosis Bernard Wines (3-15-65) Workmen's Compensation (MI) Melvin Hunt (2-11-65) pneumoconiosis Workmen's Compensation 65-LB-29228 (CA) Settled Carl Bailey (11-15-65) asbestosis/lung cancer Workmen's Compensation 65-LA-288822 (CA) Settled Henry Peutz (7-22-66) asbestosis Workmen's Compensation 66-OAK-20668 (CA) Settled Kenneth M. Frederick (9-13-66) asbestosis/lung cancer Workmen's Compensation 66-F-16482 (CA) Settled Dean Clark (2-15-66) lung cancer Workmen's Compensation 66-LA-292043 (CA) Settled Lawrence J. Taylor (7-18-66) Workmen's Compensation (MI) asbestosis Vernon Lumbattis (2-11-66) asbestosis Workmen's Compensation 66-LA-291957 (CA) Settled Donald F. Bradshaw (1-3-67) asbestosis Civil #29433, U.S. District Court Eastern District, Michigan Southern Division Dismissed Oscar L. Gilbert (4-19-67) lung injury Workmen's Compensation 67-ANA-19219 (CA) Settled Robert Horsman (10-23-67) asbestosis Workmen's Compensation 67-LA-316509 (CA) Settled 49 William McCormick (11-17-67) pneumoconiosis Workmen's Compensation 67-LA-317548 (CA) Settled Joseph Noto, Jr. (1967) asbestosis John Tvler (1967) asbestosis Lawrence F. Brimmer (1968) dust disease Clyde Nicholson (6-19-68) lung fibrosis Workmen's Compensation 68-ANA-23276 (CA) Settled Frances Rogers (1968) pneumoconiosis John G. Rauscher (1969) asbestosis Delmer Lee Austin (1969) asbestosis Clarence Borel (10-20-69) asbestosis Claim #6449, U.S, District Court for Eastern District of Texas, Beaumont Division Jury Award J. J. Crawford (12-4-69) asbestosis Claim #6492, U.S. District Court, Eastern District of Texas, Beaumont Division S. R. Potter (1969) asbestosis Claim #6329, U.S. District Court, Eastern District of Texas, Beaumont Division Settled Also see response to Interrogatory No. 15. Interrogatory No. 17; With respect to any plants where Manville produced asbestoscontaining thermal insulation products, describe in detail any changes Manville made in work practices and/or equipment used and/or policies developed during the period of its production of such asbestos insulation products, concerning the safety of its plant employees with respect to their exposure to airborne asbestos dust fibers (which would relate to safety procedures, ventilation systems, cleaning procedures, safety equipment, etc.). For any such changes, practices, or policies: (a) State the nature of each such change, practice, or policy; (b) State the approximate date of such change, practice, or policy; 50 (c) State the reason the changes were made; and (d) Identify any documents in your possession which reflect such change, practice, or policy. RESPONSE: Manville Corporation or related entities responded in a number of ways to various developments with respect to increasing knowledge of health hazards associated with asbestos exposure. These responses included, but were not limited to: 1) the funding of additional research; 2) changes in operating systems within facilities or contract units controlled by Manville Corporation or related entities; 3) the reduction and eventual elimination of asbestos in products manufactured by Manville Corporation or related entities; 4) the promulgation or revision of booklets containing information regarding asbestos health issues; 5) the adoption and modification of warning labels; 6) revision of employee training and education programs; 7) modifications of medical programs offered for employees; 8) modifications of industrial hygiene programs; 9) changes in dust control equipment; 10) changes in job methods or practices; 11) implementation of safer work practices and use of personal protective equipment such as respirators; and 12) modification of product literature. Many or all of these practices have been in effect in Manville plants which manufacture asbestos containing products since the early 1930s. The practices, procedures and technology have changed substantially with the passage of time, in accordance with developing knowledge in the fields of industrial hygiene and occupational medicine. All responsive documents in the possession, custody or control of the Fund will be produced at the records repository maintained by the Fund in Denver, Colorado. In addition to the documents which will be specifically identified and produced at that time, there may be additional documents responsive to this request among the general collection of documents in the repository. This collection of documents will be produced at a time agreed upon by the parties. See response to Interrogatory No. 1. Interrogatory No. 18: Has Manville ever given medical examinations to its employees who were exposed to airborne asbestos dust and fibers? If so, state: (a) When said examinations were given; (b) Whether chest x-rays were included in the examinations; (c) The names and current addresses of the persons who conducted these examinations; (d) Whether any employees who were found to have any asbestos-induced abnormality were so advised. 51 RESPONSE: Manville Corporation or related entities provided employees with physical examinations beginning in the 1930s. The frequency and nature of the examination varied considerably over time and from location to location. Generally, chest x-rays were a part of these examinations from the earliest years. Pulmonary function tests were incorporated much later, as that technique gained recognition as a viable tool for the physician. In recent years, the physical examination program for asbestos exposed individuals has been regulated by OSHA. The following list includes the names of many of the physicians who were employed, either directly or on a contract basis, by Manville Corporation or related entities at asbestos using manufacturing facilities: Billerica. MA Plant Edward Parsons Billerica, MA 5/76 to 1985 Orland S. Marshall, M.D. Billerica, MA 1939 Solomon G. Hajjar, M.D. North Billerica, MA 1941 to 1966 Edward Tober, M.D. 170 Merrimack Street Lowell, MA 08153 4/5/67 to 2/1/71 David D. B. Woo, M.D. 5 Andover Road Billerica, MA 08121 2/2/71 to 7/9/71 Ray T. Huffman, M.D. (Address unknown) 7/21/71 to 1/1/74 Dr. Edward Gaensler Boston University School of Medicine 80 East Concord Street Boston, MA 02118 1971 to 1985 Peter M. Glassman, M.D. 190 Littleton Road Westford, MA 01886 3/6/74 to 1985 52 Denison, TX Plant Dr. W. H. Brown (Deceased) 1958 to 1974 Dr. Bedingfield 3025 Bull Street Savannah, Georgia 31405 1956 to at least 1975 Fort Worth. TX Plant Mr. Bryan Charles, FACCM Administrator Dr. Tonymon Medical and Surgical Clinic 1651 W. Rosedale Fort Worth, TX 76104 1952 to 1985 Green Cove Springs, FL Plant John M. Malone, M.D. Doctors Building Green Cove Springs, FL 7/65 to 1982 Laurinburg, NC Plant Frank J. Ball, Jr., M.D. 601 Lauchwood Drive Laurinburg, NC 28352 at least 1988 Dr. G. E. Forbes Dr. Donald Woolfolk Medical Arts Building Laurinburg, NC 28352 4/65 to 1979 1979 to 1985 Dr. Mark H. Huckeriede Atkinson Street Lauringburg, NC 28352 2/28/73 to 5/19/75 Dr. George O. Creed Biggs Street Laurinburg, NC 28352 2/28/78 to 1985 Dr. Hugh M. McArn 422 King Street Lauringburg, NC 28352 5/15/75 Lawrence. MA Plant (unknown) 53 Lompoc. CA Plant P. G. Lineweaver, M.D. Santa Barbara Clinic P.O. Box 1200 Santa Barbara, CA 93102 11/76 to 1985 Gilbert Anderson, M.D. 515 E. Ocean Avenue Lompoc, CA 93436 1/88 to 1985 J. P. Troux, M.D. (Address unknown) 1930 to 1942 Walter B. Anderson, M.D. (Deceased) 1943 to 1954 Milton V. Duncan, M.D. 214 South "H" Street Lompoc, CA 93436 2/54 to 1/31/72 Valley Medical Group James D. Warrick, M.D. Eldon Elam, M.D. Edward R. Wallace, M.D. William H. Gauseman, M.D. 136 North Third Street Lompoc, CA 93436 2/1/72 to 1985 Long Beach. CA Plant R. W. Stellar, M.D. 1019 Avalon Boulevard Wilmington, CA 90744 1938 to 1946 (Partial) Carl G. Johnson, M.D. 114 East Seventh Street Long Beach, CA 90813 1946 to 1961 (Partial) 1961 to 1970 C. Brian Tang 757 Pacific Avenue Long Beach, CA 90813 9/81 to 1985 Seaview Medical Group 1127 Avalon Boulevard Wilmington, CA 90744 9/8/70 to 12/31/73 Jared L. Piety, M.D. Mighell Medical and Surgical 6510 East Spring Street Long Beach, CA 90815 Group 1/1/74 to 1985 54 Los Angeles Plant Southeast Medical Center 2675 East Slauson Avenue Huntington Park, CA 90255 Dr. Michael Wald Southeast Medical Center 2675 East Slauson Avenue Huntington Park, CA 90255 Manville, NJ Plant D. T. DuBow, M.D. 222 Stelle Avenue Plainfield, NJ 07060 E. D. Merrill, M.D. R.D. 1 Princeton, NJ 08540 S. S. Klein, M.D. 242 Union Avenue Somerville, NJ 08876 B. B. Taylor, M.D. 102 Berkshire Drive Berkeley Heights, NJ H. W. Locke, M.D. 600 Camden Avenue Moorestown, NJ 08057 S. Z. Neiman, M.D. Box 381, Route 3 Somerset, NJ 08873 Edward Hurtado, M.D. 155 E. Chestnut Avenue Metuchen, NJ 08840 R. M. Liss, M.D. 6 Debby Lane Warren, NJ 07060 M. Goldstein, M.D. 130 Easton Avenue New Brunswick, NJ 08901 A. W. Edlin, M.D. 3524 Route 22 Somerville, NJ 08876 55 1955 to ? 1970 to ? 11/29/51 to 12/1/65 6/1/53 to 11/14/69 11/22/65 to 3/29/68 (Part Time) 1/17/66 to 1/31/66 8/1/67 to 8/31/67 11/2/67 to 10/31/69 (Part Time) 12/18/67 to 1/19/73 (Part Time) 1968 to 1985 7/22/68 to 8/26/68 (Part Time) 11/3/69 to 5/31/73 (Part Time) 06/01/73 to 1985 Henry Dantzig, M.D. 12 South Franklin Street Lambertville, NJ 08530 3/9/70 to 5/31/73 6/1/73 to at least 1976 Marrero. LA Plant Dr. Charles Gelbke (Deceased) Prior to 1948 Logan & Nelson Surgical Clinic Dr. Logan Dr. Nelson (Previously the Westbank Surgical Clinic. Dr. Francis Gidman) 4475 Westbank Expressway Marrero, LA 70072 1948 to 1985 Marshville, NC Plant (unknown) Nashua. NH Plant Richard A. Williams, M.D. 30 Dearborn Street Nashua, NH 03060 11/77 to 1985 Dr. John Fontana Daniel J. Sullivan, 23 Scott Avenue Nashua, NH 03060 M.D. 1976 to 1977 1945 to 1974 New England Health Services, (Previously Known as Medi-Phase Corporation) 155 Main Dunstable Road Nashua, NH 03060 Inc. 7/24/74 to 1985 New Brunswick. NJ Plant J. Dragon, Jr., M.D. 255 Livingston Avenue New Brunswick, NJ 08901 1/1/64 to 11/1/68 Middlesex County T. B. Mobile Unit New Brunswick, NJ 08903 1/1/64 to 1/1/69 (Periodic x-rays) W. G. Kuhn, Jr. M.D. 251 Powers Street New Brunswick, NJ 08901 1/1/64 to 1975 (Orthopedics) 56 R. G. Matflerd, M.D., P.A. 7 Wirt Street New Brunswick, NJ 08901 S. Goldman, M.D. 161 Livingston Avenue New Brunswick, NJ 08901 A. E. Greenwald, M.D. 303 George Street New Brunswick, NJ 08901 J. H. Kler, M.D. 151 Livingston Avenue New Brunswick, NJ 08901 W. Rubin, M.D. 184 Livingston Avenue New Brunswick, NJ 08901 Michael Brody, M.D. 228 Livingston Avenue New Brunswick, NJ 08901 J. P. Zawadsky, M.D., P.A. 205 Easton Avenue New Brunswick, NJ 08901 A. Whalen, M.D. 330 Livingston Avenue New Brunswick, NJ 08901 X-Ray Group 151 Livingston Avenue New Brunswick, NJ 08901 R. W. Powers, M.D. 7 Wirt Street New Brunswick, NJ 08901 G. Jacoby, M.D. 88 Huntington Street New Brunswick, NJ 08901 H. Bloom, M.D. 211 Livingston Avenue New Brunswick, NJ 08901 C. J. Brandwein, M.D., P.A. 223 State Highway #18 East Brunswick, NJ 088.16 57 1/1/64 to 1975 (Surgery) 1/1/64 to 1/1/75 (Dermatology) 1/1/65 to 1975 (Surgery) 1/1/65 to 1975 (Ophthalmology) 1/1/65 to 1975 (Ophthalmology) 1/1/65 to 1975 (Ophthalmology) 4/1/65 to 1975 (Orthopedics) 5/1/65 (Orthopedics) 9/1/65 to 1975 (Pre-employment x-rays) 1/1/66 to 1975 (Surgery) 1/1/67 to 1975 (Surgery) 9/1/67 to 1975 (Orthopedics) 11/1/68 to 7/1/71 O. J. Sokoloff, M.D., P.A. 69 Paterson Street New Brunswick, NJ 08901 A. J. Passanante, M.D. 7 Wirt Street New Brunswick, NJ 08901 N. Kothari, M.D., P.A. 61 Livingston Avenue New Brunswick, NJ 08901 Middlesex CountyRehabilitation Hospital Drexel Hill, PA Professional Health Service Drexel Hill, PA E. Stahl, M.D. 130 Easton Avenue New Brunswick, NJ 08901 Pittsburcf, CA Plant D. C. Wise, M.D. Marsh Creek Road Clayton, CA 94517 2/1/70 to 1975 (Dermatology) 7/1/71 to 7/1/72 7/1/72 to 1975 1/1/74 to 1975 (Hearing Exams - Periodic) 1/1/74 to 1975 (Periodic x-rays and Hearing Exams) 1/1/75 to 1975 (Dermatology) 1926 to 1964 Edith Wise, M.D. Marsh Creek Road Clayton, CA 94517 Dr. Kelso (Deceased) Kent D. Wise, M.D. 2495 Salvio Street Concord, CA 94520 C. L. Kerns, M.D. 242 East 10th Street Pittsburg, CA 94565 H. C. Hinshaw, M.D. 450 Sutter Street, Suite 1023 San Francisco, CA 94108 1926 to 1964 1962 to 1967 1963 to 1974 2/68 to 1974 1976 58 D. W. Smith, M.D. 398 Greenoaks Drive Atherton, CA 94025 Savannah. GA Plant Lawrence J. Lynch, Jr., M.D. West County Medical & Surgical 35 Brampton Road Garden City, GA 31408 Clinic Drs. Brown & Bidingfield 3025 Bull Street Savannah, GA 31405 Stockton. CA Plant Dr. Robert Salter 327 East Alpine Avenue Stockton, CA Dr. Joseph Wilson 2420 North California Stockton, CA Dr. Oliver Vannucci Dr. William Arthur 1717 North California Stockton, CA Street Tilton. NH Plant 1973 to 1985 3/78 to 1985 1956 to 1985 8/5/57 to 9/1/67 9/2/67 to 3/31/71 1967 to 1982 Dr. A. Grevior Main Street Tilton, NH Dr. F. J. Kropp 429 Central Street Franklin, NH Secondary physician: Dr. F. J. Robinson 308 Main Street Tilton, NH Waukegan. IL Plant Dr. S. L. Keller 111 North Sheridan Road Waukegan, IL 60085 ? to 1948 1948 to at least 1975 1929 to 1953 59 Dr. W. Ewald 1401 Golf Road Waukegan, IL 60085 Dr. M. Cahan 701 14th Street North Chicago, IL 60064 Dr. S. L. Larson (Address unknown) Dr. Floyd Castator (Address unknown) Dr. H. Parker (Address unknown) Dr. Charles U. Culmer P.0. Box 548 Libertyville, IL 60048 Dr. J. A. McHale 1008 Illinois Avenue Racine, WI 53400 Dr. Frederick Wood 6530 Sheridan Road Kenosha, WI 53140 Dr. Thomas H. Davison 2069 Deerfield Road Deerfield, IL 60015 Dr. Mark Field 247 West Harrison Street Libertyville, IL 60048 Dr. Daniel D. Brass 1947-A Lexington Avenue Great Lakes, IL 60088 Dr. W. R. Sloan 1510 E. McElderry Street Baltimore, MD 21205 Dr. Gerald A. Frank 4006 Yaeger Drive Great Lakes, IL 60088 Steven Holtzman, M.D. 1020 Glen Flora Avenue Waukegan, IL 60085 60 1937 (Part Time) 1942 (Part Time) 1947 (Part Time) 1948 to 1952/1961 (Part Time) 1952 (Part Time) 1953 to 1962 1954 to 1955 (Part Time) 1956 to 1962 (Part Time) 1962 to 1970 1968 to 1969 (Part Time) 1970 (Part Time) 1970 (Part Time) 1970 (Part Time) 1981 to 1985 Dr. Vincent Sarley 682 Pine Street Deerfield, IL 60015 12/70 to 7/72 Zelienople, PA Plant T. Warren Wilson, M.D. 100 South Division Street Zelienople, PA 16063 1940 to 4/75 Ellwood City Hospital 1942 to 1946 (Chest x-rays) Clark L. Markel, M.D. South Main Street Zelienople, PA 16063 1942 to 1967 William Rice, M.D. 252 Connecticut Avenue Rochester, PA 15074 2/56 to 1985 (Chest x-rays) Henry C. Thel, M.D. 200 Third Street Beaver, PA 1965 to 1967 Arthur C. Hoenstine, M.D. 134 Fourth Street Ellwood City, PA 16117 1967 to 1985 George Janicke, M.D. South Main Street Zelienople, PA 16063 5/70 to 3/73 Ricardo Raymundo, M.D. Northgate Plaza Zelienople, PA 16063 5/70 to 1985 Louise Etter, M.D. The Warrendale Clinic Warrendale, PA 15086 9/72 to 6/74 George J. Jacobs, M.D. Route 19, Cranberry Park Road Evans City, PA 16033 8/73 to 1985 Ronald Gilcher, M.D. Northgate Medical Center Box 456 - Northgate Drive Warrendale, PA 15086 1/75 to 1985 61 Interrogatory No. 19: During the time that Manville manufactured, sold, or distributed asbestos-containing products, did Manville ever consult with, or receive from, any entity or medical expert(s) in order to determine the existence of any potential hazard of exposure to airborne asbestos dust and fibers. If so, state: (a) The date(s) of the consultation(s); (b) The names and current addresses of said entities or medical experts; (c) What was learned from said consultation; (d) What was done as a result of said consultation; (e) The name and current address of the custodian of the information received; and (f) Identify all documents received or generated which concerns such consultation or information. RESPONSE: The physicians employed who have performed consulting services for Manville Corporation or related entities include the following: SPECIALTY: CARDIOLOGY. CHEST DISEASES Albert B. Tucker, M.D. 22 North Maple Avenue Irvington, NJ 07111 SPECIALTY: GI DISEASES Charles Lightdale, M.D. Memorial Sloan-Kettering Cancer Center New York, NY 10021 Dr. Sidney Memorial Sloan-Kettering Cancer Center New York, NY 10021 Dr. Winawer Memorial Sloan-Kettering Cancer Center New York, NY 10021 SPECIALTY: HEMATOLOGY ONCOLOGY Thomas Clynn, M.D. Chicago, IL Lyle Munn, M.D. Chicago, IL 62 SPECIALTY: HEMATOLOGY, INTERNAL MEDICINE. ONCOLOGY James Manhart, M.D. Libertyville, IL 60048 SPECIALTY: INTERNAL MEDICINE Mahesh Agarwal, M.D. 135 North Greenleaf Gurnee, IL 60031 D. W. Cugell, M.D. 200 East Superior Chicago, IL 60611 B. Frazin, M.D. 1616 Grand Avenue Waukegan, IL 60085 J. P. Freeland, M.D. 1616 Grand Avenue Waukegan, IL 60085 Kang-Yann Lin, M.D. 1616 Grand Avenue Waukegan, IL 60031 M. Siddique, M.D. 4343 Grand Avenue Gurnee, IL 60031 J. Zannini, M.D. 1400 North Western Avenue Lake Forest, IL 60045 SPECIALTY: OCCUPATIONAL DISEASES A. J. Lanza, M.D. (Deceased) Hallet A. Lewis, M.D. P.0. Box 7604 - Rincon Annex San Francisco, CA 94120 SPECIALTY: ONCOLOGY Frederick B. Cohen, M.D. 292 Beech Road South Orange, NJ 07079 63 SPECIALTY: ORTHOPEDICS H. W. Apfelbach, M.D. 700 Westmoreland Lake Forest, IL 60045 J. M. Baehr, M.D. 135 North Greenleaf Gurnee, IL 60031 C. H. Fossier, M.D. 700 Westmoreland Lake Forest, IL 60045 G. M. Goshgarian, M.D. 2634 Grand Avenue Waukegan, IL 60085 E. L. Mauer, M.D. 135 North Greenleaf Gurnee, IL 60031 G. M. Moga, M.D. 135 North Greenleaf Gurnee, IL 60031 T. W. Penn, M.D. 135 North Greenleaf Gurnee, IL 60031 James B. Frost, M.D. 800 O'Connor Road Irving, TX 75061 Carl L. Highgenboten, M.D. 7777 Forest Lane, #23 Dallas, TX 75230 T. C. Lewis, M.D. 403 North Highland Sherman, TX 75680 Donald M. Mauldin, M.D. 7850 Brookhollow Road Dallas, TX 75235 Vert Mooney, M.D. 5323 Harry Hines Boulevard Dallas, TX 75235 64 Philip E. Rosen, M.D. 12140 Webb Chapel Road Dallas, TX 75234 David K. Selby, M.D. 6161 Harry Hines Boulevard, #107 Dallas, TX 75235 Earl C. Smith, M.D. 7850 Brookhollow Road Dallas, TX 75235 SPECIALTY; PATHOLOGY Paul Kotin, M.D. 4505 South Yosemite, Unit 339 Denver, CO 80237 Marvin Kuschner, M.D., Retired Dean, School of Medicine State University of New York Stoneybrook, NY 11790 SPECIALTY: PULMONARY DISEASES Allen Armstrong, M.D. 3000 Medical Park Drive Tampa, FL 33712 Richard M. Burlee, M.D. 2012 North Indiana Oklahoma City, OK 73106 Benjamin Burrows, M.D. Director, Division of Respiratory Sciences University of Arizona Health Sciences Center Tucson, AZ 85724 John S. Chapman, M.D. UT Southwestern Medical School 5323 Harry Hines Boulevard Dallas, TX 75235 John Joseph Connolly, M.D. Omaha, NE Patrick James Connors, M.D. Omaha, NE J. Lawrence De Polo, M.D. 1638 California Street Stockton, CA 95204 65 Joel Duberstein, M.D. Millburn, NJ 07041 Lawrence Eason, M.D. 5439 Glen Lakes Dallas, TX 75231 Edward A. Gaensler, M.D. 80 East Concord Street Boston, MA 02118 Dr. Gherhart Millburn, NJ 07041 Allen Goldman, M.D. VA Hospital 13000 North Thirtieth Tampa, FL 33612 Street Robert Jones, M.D. New Orleans, LA Ross C. Kory, M.D. Chairman of Pulmonary Medicine Tampa General Hospital 108 Martinique Avenue Tampa, FL 33606 Robert Kozam, M.D. Englewood, NJ David Levin, M.D. Oklahoma City, OK 73106 Dr. Malovany Englewood, NJ Harold G. Muehmore, M.D. P.O. Box 26901 Oklahoma City, OK 73106 Randall L. Rosenblatt, M.D. 5959 Harry Hines Boulevard Dallas, TX 75235 Nathan Seriff, M.D. New York, NY Stuart Silberstein, M.D. Englewood, NJ Clifford Simon, M.D. Englewood, NJ 66