Document da7NvJ0wrNLJxG34kdk4XJ7N0

raOTSCTZB MATSXXALt KOSSAHTO ISSTOJUICI COVHUGg LITIGATION ,cm Monsanto Chemical Company M St. Louis, Me. O'* Mr. H.K. Nason-M.O. 317 Mr. R.E. Soden-Nitro Mr. L.C. Weger-Nitro ^ Cate To Dr. R. Emmet Kelly a, Medical Dept. Reference Subject CHLCRACiTZ CASBSjAT BADISCHEN AN HIM -------- DOE T^~TSlCHLCRFKZNOL Persona Present: Dr. H. Oettel Dr. H. T. Hofmann A. Palm (Ph.D.) W. Soer.ksen (Plant Supt., part-time) 2r, che -7th of November, 1953. Badische was producing a batch of trichlcrpnenol Proa cecracnicrbenzene wnen the prcceas exceeded control pressure and temperatures similar to our incident at Nitro. Mo one was injured at the time. Within one week, a3 c.ean-up was being carried out, the first cases of chloracne developed. Fifteen or sixteen cases (5 serious) developed -within the next 1-2 months and additional cases showed up during the next 10-12 months until there was a total of 50-60 cases. X did not see cur most severe Nitro cases nor have I seen photographs of these cases. The photographs of the worst Badische cases show horrible skin eruptions with nearly blister-like welts and seme ulcera tion where infection ensued. Areas involved included the face, neck, arms, and upper half of the body. It is my impression chat their severe cases were much worse than curs. In addition to the skin mani festations, their men reported all the additional symptoms a3 exper iences in cur workers, i.e, fatigue, vertigo, loss of libido, painful ww'-r,3,-.c. About ten days following the incident, and after initial clean-up, Dr. Cette- was asxed to expose animals to che workroom atcospnere. Rab bits (ir. open wire cages) were placed in the operating area for 24--c hours. These 'were no obvious symptoms which developed in che animai3 until one week after exposure - when they died. Autopsy shewed liver necrosis. Cettei thought there might be virus infection or seme ocher cause for death -until he exposed additional animals in the department, others in cages suspended inside the decontaminated autoclave, and seme in the adjacent department. All died within 1-2 weeks foilow-r.g exposure. Subsequently, animals placed in the cages which had pre viously been in the department died of liver necrosis. A thorough systematic investigation ha3 isolated impurities in the trichiorpr.enoi process (or residues) which will cause one same effects ir. raccits. Liver r.ecro3i3 will develop in racbiC3 at the following dcse3 of tr.e indicated materials: -p- 20 mg r*-S of pentachior naphthalene of chlorinated diphenyl oxide of residue from trichiorpr.enoi distillation ^ of residue fraction from trionlorpnenoi (above 220cC) o -) mx H V) WX OX a Ho2 mon > r Rcn22 cn(ofl .*3 Hr n oc> >r- n: o o ro i i 005857 DEPOSITION c I ^ EXHIBIT Keilxija/7 WATER_PCB-SD0000063111 moTBcrza hohbxmtq rasraxscs eevtaxGg utjgxtxoh 2- - Dr. Oettei beiiaves chac the most potent chioracncgen la a ccmoound somewhat similar to ch.onnated diphenyl oxide, -------- -------- ,' but Cl H Cl ) probably with additional oxygen atoms in the molecules. He has cor responded with Don Irish at Dow who either reached the same conclusion independently or, in mentioning the potential of chlorinateddioheny1 oxide, influenced Oettei's reasoning. Oettei believes, further, that this impurity can show up in the production of any chlorinated phenols and is probably responsible for any chloracne which ha3 been due allegedly to chlornapthaienes, pentachiorphenoi, chlorinated biphenyls, etc. Dr. Oettei has no faith in any animal skin tests for isolating chloracncgens. He was very interested in Kettering's work and was not aware of the publication referred to in Dr. Suskind's first report and wh-ch describes the cyc.ic skin development in r.ew-born rats. (Refer ence: Parnell, J.P.: postnatal Development and functional Histology of the Sebaceous Glands in the Rat, Am. J. Anat., cp**-!, 1919), He is convinced that the Srcmsuiphaiein test reported in the attached reprint is significant. In this regard, Badische routinely uses this test on each batch of trichiorphenol which they now purchase from Bayer, and refuses to accept material which fails to pass the animal tests. (I a_so learned at Eayer that they have experienced chloracne during the production of trichiorphenol but have now licked the problem ' according to Dr. Hansen (chemist - Research Director At Elberfeld).' Badische has been able to reproduce in the laboratory the conditions which lead to the incident such as theirs and ours at Nitro and was quite surprised that v;e had not been able to do so. I was not given the Nitro process information, l.e., temperatures and pressures, but if I had had this information I am sure that I could have obtained Badische's, One of their chemists, a Dr. Palm, sac in on our dis cussions and was prepared to go into details. He did mention that "with 3 m.ols of trichiorphenol, methyl alcohol, and alkali, and a tem perature of l50cC" the process gets cut of control. His remarks are in quotes because he does not speak English and I m not certain of his remarxs. Dr. Cettel would be very happy to receive samples of any of cur materials for investigation. He would like particularly: (1) Samples of any of the materials involved in cur 1$h9 incident including tetrachlorcenzene, trichiorphenol, or Ha salt and any residues from the autoclave or material cleaned from the equlpmer^b and structural members. (2) Trichiorphenol (or Na salt) from regular production. (3) Any samples from raw materials, intermediates, and final produce which may have been involved in our cases which developed during our normal. 2,-,5-T production in the years following the initial Incident. 005868 o H rn o H23 23 n pi 2 > r o cn O CO hs nr- pj o n> c >^ mn > < o o ro irU j I WATER_PCB-SD0000063112 3 P&OTZCTga KAXOX&2.I HGSSaKTO rHBtmXMCg COVESAGt LITIGATXOM -3- He would be happy Co ex chairs freely any and all Information with ua ar.d Kettering. It was " suggestion that this be direct with Dr. Susicind to eliminate 'unird parties.'' He would routinely send carbons of any correspondents to us and we could request Dr. Suskir.d to do likewise. It is my .opinion that this night save unnecessary duplication of effort an a snrper.se. In addition, Kettering night octain valuable information to farmer their investigation involving human volunteers. I left with Dr. Cette- comas of the following: (1) The five (5) reverts from the Industrial Hygiene Foundation which discuss toaor rabbit ear test3. (2) Kettering s rspcmrt - Clinical and Environmental Survey at Nitro, 1933-' (3) Kettering's report - Environmental Survey Carried Cut In 3uiid!ng 33, Hon set. to Chemical Company at Hitro, February 2, 195o.' We reviewed thoroughly Kru Weger's excellent "History of Chloracr.e" which he sent to me with. revering memo dated Kay 15, 1956, and which included descriptions of mattering 3 reports on their human and animal research. I did non give Dr. Cectel a copy of this account because I did not have gart-sslon to do so. As a result of my vi3itt, it may be desirable to ecc: this report somewhat and add further process information before* forwarding this to Badische. Any specific recommendations are implied in the above narrative account of my visit to Badiso.oe ana must be based on an agreement that full ar.d complete exchange of _r_fcmatlon with Badische is desirable ar.d possible, E?V:dh Attachment Elmer ?. V,heeler o n Ui H cn ri z O33 oMH a nn Z >r* HH* occn H o -$ cn oc > r X a o FO I i 005869 -l WATER_PCB-SD0000063113 TRANSCRIPT OF PROCEEDINGS - IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY MONSANTO COMPANY, Plaintiff, v, AETNA CASUALTY & SURETY COMPANY, - al. , Defendants. Civil Action Number 88C-JA-118-1-CV NON-ARBITRATION CASE KELLY DEPOSITION EXHIBITS PROTECTED MATERIAL: MONSANTO INSURANCE COVERAGE LITIGATION Washington, D. C. Thursday, February 4, 1993 ACE - FEDERAL REPORTERS, INC. Stenorype Reporters 1120 G Street, NW Washington, D.C. 20005 (202) 347-3700 NATIONWIDE COVERAGE 800-336-6646 WATER PCB-SD0000063114