Document dY7gOgYDyr877jOqVD2ObRLd0

FILE NAME US Steel USS DATE 1962 Sept 17 DOC USS011 DOCUMENT DESCRIPTION Letter September 17 1962 ae #. oe yO ; Merle Bundy M. D. * ~ _ Medical Director wt oy / Room 1629 . = | Corporation United States Steel .525 William Penn Place _ Pittsburgh 30 . Penna ; , - ok i . i x - nr ourNo. I.M.I.M. 456 Dear Merle ie I ~ SR : Ry. I have criticallyreviewedand studiedthe transcripts of hearingswhich were forwarded me by G. T. Skinner Esq of the LawDepartment United States Steel Corporation __ . The transcripts pertain totestimony of witnessesin the interest of the Claimant ThelmaScott widow of the Deceased a Withrespectto the testimonyam impressedwith the weight ofevidence presented by the various witnesses notably Mrs. Thelma Scott Emerson Venable Chemist and Industrial Hygienist Charles C. Bookert M. D. , Physician to the Deceased and W. C. Hueper M. D. ad NationalCancer Institute .UnitedStates Public HealthService In essence the seemingly most pertinent bits oftestimon^ _ are as follows . SS 7 oe ; ee Bee Mrs. Thelma Scott establishes that her husband the Deceased re os worked in the Clairton Plant Ce oy a period of approximately16 years - 3 . Thanksgiving Day 1942 toAugust 16 her husband She further that tells PulmonarhyospitalizedTuberculosis anti tuberculosi tuberculosis therapy et Se page 2 September 17 1962 on January 11 the Deceased was admitted to Western Pennsylvania | Hospital where he remained until February 23 1959 having been discharged as a hopeless case Cancer of the Lung by biopsy The patient died at home on April 9 1959 2 7 " Death Certificate discloses thata biopsy of bronchus made on Jan. | 16 1959 disclosed a poorly differentiated epidermoid carcinoma Charles 3.5, Dr. Bookert discloses that he _ attended thepatient after his discharge from the hospital to home Dr. Bookert oo further discloses that in his years of | as FR - practice in Clairton he has seen ae many . cases of malignancy in men who had 4." .. worked on the coke ovens Subsequently Se " . he nan.es a number of his male patients ne ee nr who had so workedand who Cancer Lung had of of the died cele SS 4, a ce re EmersonVenable Mr. testifies that . at leasttwo jobsituations the . ' ~~ Deceased offered exposure to smoke and fumes of coal tar and coal tar pitch and that these twojobs totaled ; . 830 daysof the -Deceased a Clairton employment atthe works , ee mi inhalation epidemiol^gical Dr.Hueper cites evidence concerningthehigh incidence of lung cancer which 5 attends coke oven operations -aHe answer the hypothetical * question by probability saying that the there isreasonable Deceased during . becameexposed to the carcinogenic materimaalterial : originally particularly coke ovens and this particularlyrelatedto his exposure: work Seo oe. 2 me oe Merle Bundy M. Mere ra page 3 i September 17 1962 studies concerning the etiology and genesis of cancer of the lung it seems to me that it would be extremely difficult to deny - so ne a that the Deceased experienced a significant occupational exposure to the inhalation of substances having the ability to produce cancer = - b that the Deceased died of primary broncho- genic lung canceorn the basis of bronchial biopsy _ c d that the Deceased's history of cigarette smoking is unimpressive as a possible factor in the causation of his lung cancer other workers similarly employed in the same plant did die of primary lung cancer and that the attack rate is higher than in cohorts living in the same community or indeed working in the same plant but without comparable el that world wide epidemiological epidemiological studies disclose a high incidence of lung bronchogenic canceirn workers significantly exposed to the inhalation of smoke fume emissions from coke operations begs and that every effoartbove to honesty that in In view of the unless startling factual evidence is presenteind the interesotf the Defendant it is my personal . feeling should be made reach a settlement eat rather than contest the case the Court Law Frankly Defendant all the case can won by the Defendant - the basis of the evidence already presented oo Clabiy mClaanitmant | ': Professor and Chairman } Department oy ofIndustrial 2 > and Hygien :