Document e74rQEqVn9X4NqeLqgba8Nkk4

m mhree sum coup, chemists have of the same bran cancer. was it coincidence, TAS THE COMPANY MAINTAINS? OR WISE LAB CHBWICALS TO BLAME? THAT'S WHAT THE WIDOWS ARE CLAIMING IN THE STATE'S LONGEST WORKflIS'COMPBIISATIQN TRIAL he death from brain cancer at age 57 of chemist Joseph Ka- Trabinos in 1977 was more a private sadness for his family in Orange than a cause for ap prehension among his former colleagues at the Olin Corp. laboratories in New Haven. It was just one death, and nei ther his widow nor the attending physicians suspected the possibility of a work connec tion. In early 1980, the same brain cancer struck a second research chemist from the labs, 63-year-old Dr. Alan Ardis, shortly after he retired to the San Diego, Calif., area after nearly three decades with Olin. Back in New Haven, a third Olin chemist named Alexandre Ozolins took note of the cancers. "We've been working with the same chemicals," he told his wife, Maithe. "Don't be surprised if I'm the next one." She thought it a joke by her husband, whose photos reveal a sturdily built, dark-haired man in his late 50s with smile lines at the comers of his mouth. "He wasn't even sick," recalls Mrs. Ozolins. But, shortly after his remark, he devel oped the same cancer, called "glioblastoma multiforme." He died in April 1981, at age 59. It was just four months after the death of his colleague Ardis, and it was 24 years after he began working for Olin. "I'm still in shock," says Mrs. Ozolins, a petite, ele gant woman bom in Germany. She was seated in the living room of the well-ap Alexandre Ozolins: "Don't be surprised ifI'm next," he warned his wife. pointed three-story home she had shared with Alexandre since he returned from World the chemicals in drinking water. There's pational medicine in this country," says War II with her as his bride. "At the time, good reason for businesses to be skeptical. Professor Ray Elling of the University of our life was perfect," she says quietly. They cannot folk out money to everyone Connecticut School of Medicine in describ "Nothing exists anymore," who gets sick in the vicinity of one of their ing the educational shortcomings of prac Olin' s reaction--to deny any association factories or products, and our legal system ticing physicians and their general unwill between the deaths and the laboratories, lays the burden of proof in such cases upon ingness to determine the causes of long- hundreds of organic chemicals, including the claimant. latency ailments like cancer instead of just some certified carcinogens--is a common That burden is more onerous in health- treating the patient. Indeed, experts say response when employees complain about hazard cases than in other litigation. That's many victims don't even suspect their prob the possibility of a disease from work. It is because an absolutely vital link--diagno lems are connected to their work or envi also the typical reaction when complaints sis by expert physicians willing to testify ronment, and thus never solicit medical I arise that ailments have been caused by the and capable of overshadowing the com opinion on the point. ; environment--whether the feared hazard pany's experts--is so hard for most victims Mrs. Kaiabinos, widow ofthe first chem I is from toxic waste sites, from pesticides to obtain. ist to die, never sought benefits from the ; and plant-killers, from air pollution, or from "It's really a disaster, the field of occu company where he'd worked 15 years. Dr. 5* CONNECTICUT MAY 1985 OLI 6243 PHOTO COURTESY OF MRS. ALEXANDRE OZOLINS FOR THOS6 UJHO HflV TH FINCR THINGS INUF... USRTV PLFIZR 1439 POST ROAD SET UJSTPOflT 54-1367 Stop by our showroom or coll for on appointment 5* CONNECTICUT MAY I9SJ LAW & COURTS Karabinos had left Olin's research Jab in So do lawyers and judges. 1967, and no pattern was apparent when he The best scientists can do is study whai died 10 years later. She also was reluctant happens when humans and animals are ex to undertake the ordeal of litigation. posed to suspected hazards. Sometimes the The two more recent widows, Mrs. Ardis relationships are so striking that experts and Mrs. Ozolins, sought help because the speak with a great deal of confidence. To number of cancer deaths aroused their sus bacco has been so extensively researched, picions. They consulted leading experts for example, that the bulk of scientific ex from Harvard and Yale universities. These perts believe smoking can be said to cause physicians, specially trained in statistical cancer. analysis and workplace carcinogens, made But the Olin case illustrates just how var studies and reported back that the cancers iant scientific testimony can be--and the most likely were work-related. One said burden these disputes create. Olin coun there seemed to be "an epidemic" of brain tered the widows' experts with Dr, J. Wister cancers at the lab. That evidence was dis Meigs, a retired Yale epidemiologist work puted by physicians hired by Olin in a scien ing on an Olin-financed study of more than tific square-off that has led to the longest 800 of the laboratories' employees since workers'compensation trial in Connecticut 1951. Many of the employees began work history. Litigation has lasted more than four recently, and thus wouldn't be likely to have years, with testimony filling nearly a thou a disease such as cancer, generally regarded sand pages of transcript. The case is still as not appearing until 13 years or so after awaiting a decision. the hazardous exposure. His study must One must wonder at the fairness of a pro factor in such complications as the different cess that requires such high entry stakes. exposures that came from Ozolins' work as How many victims and their families can a "bench chemist" throughout his career obtain that sort of Harvard-Yale expertise, (developing pesticides in the early 1960s) or any other kind? More generally, can't and the other two victims' work mostly as anyone think of a less onerous way to re administrators. solve these disputes? Meigs testified that he couldn't draw any Reform must ensure a fair level of com conclusions from three brain tumors. He pensation for victims at reasonable cost to said that unless more fatalities are discov businesses and to the taxpayers who finance ered, it is impossible to say whether the the adjudication. Most important, it must chemists' deaths were just a coincidence. target hazard-producers precisely enough Another Olin witness, Dr. Martin Krig- to deter future harm. man, director of neuropathology at the Uni versity of North Carolina School of Medi he central problem, of course, is that cine, was more definite. He said the can Tno one really knows the long-term cers were unrelated to work. One of his effects of most chemicals or whether themes was that the Olin cancers could not they "cause" a specific person's ailmehnatv.e been chemically induced because they Of tens of thousands of commercially dimidn't look any different from other brain portant chemicals, "only a few have been cancers of the same type. Challenging him subjected to extensive toxicity testing and was the widows' attorney, Robert Carter of most have never been tested at all," con NewHaven,a mild-spokenTennesseean who cluded a major study by the federal govern studied at the University of Connecticut ment's National Research Council last year. School of Medicine to improve his under Physicians cannot even diagnose a com standing of scientific evidence. mon problem such as strep throat with ab Dr. Krigman: I don't know which chemical solute certainty, much less the novel envi or chemicals could possibly cause it [a brain ronmental hazards we keep hearing about. tumor]. "Thirty percent of all people, kids for ex Attorney Carter: Do you know which chem ample, grow strep out of their throat, even ical in cigarette smoke causes cancer? when they feel just fine," says Dr, Mark Dr. Krigman: I don't believe cigarette Cullen, lecturing his students at Yale Medi smoke by itself will cause lung cancer. cal School. "Does that mean they have `strep The commissioner trying to decide the throat'? Of course not. It just means they case, Rhoda Loeb, apparently wanted to grow strep in their throats. ensure that she correctly heard this testi "Every disease probably has a sole cause," mony from the Olin expert, a man of im continues Cullen, who is director of the pressive credentials whose work included a Yale Occupational Medicine Program. "If consultant's post to the Warren Commis you were God and knew what was going sion investigating the assassination of Pres on, you'd see there probably are linear pat ident Kennedy. terns of cause and effect. But we have no Commissioner Loeb: You don't think it's way of knowing." connected to tobacco? So when medical experts talk among Dr. Krigman: I don't. themselves, many say ifs moonshine to think they can be certain of the causes of onnecticut's General Assembly last these medical problems in individual cases, despite strong pressures from the lay com munity. Worried patients want certitude. Cyear considered an innovative way to resolve these diagnostic debates about employees (though not for victims of OLI 6244 environmental problems). Employees STUDY LAW PART-TIME stricken by cancer who worked with one of 20 "known" carcinogens (as listed in Con The School of Law at the University of Bridgeport makes necticut law) would be entitled automati it possible to study law on a part-time basis while holding cally to benefits. In the case of the Olin widows, each would get some $19,000 a year in benefits for life because their hus a job, meeting family responsibilities, and maintaining other obligations. bands had worked with benzene and possi bly vinyl chloride--even though Olin has The UB School of Law offers maintained that the exposures were rela tively minor and in accordance with con temporary safety standards. "Obviously it does tip the scales in favor Accreditation by both the ABA and the AALS Summer School Program JD, LL M, and JD/MBA Programs of the claimant," says state Rep. William Evening Classes Kiner, D-Enfield, in backing the reform measure. "But I believe that the way the system is set up now, the scales are tipped too far the other way." Excellent Law Library--Computerized Law Terminals Outstanding Faculty We believe it is unfair to saddle the em ployer with this presumption when the work place may not be the sole cause of cancer," responds Maura Melley, vice president of Successful Placement Program Convenient Location Individualized Advising the Insurance Association of Connecticut. "When you separate out from the occupa tional risks all other lifestyle factors--such For Further Information Write or Call Ms. Miller at 576*4048 or as smoking, diet, alcohol consumption and 1-800-972*9488 (ext. 4048) other exposures in the home or in other places--then as little as 1 to 5 percent of Next LSAT: June 17, 1985 cancer is related only to workplace expo sures." Others hammer against the proposal in a UNIVERSITY OF BRIDGEPORT gjj: School of Law similar vein. "It's patently ridiculous," says John Anderson, counsel for the Connecti /octpo^ Bridgeport, CT 06601 cut Business and Industry Association, which has 6,000 member companies em ploying some 720,000 Connecticut resi dents. And lobbyist Zaiga Antonetti says the 4,600 Connecticut small businesses she represents would face "an extreme hard ship" if such a law were passed. Kiner's bill never made it out of commit Saul Asken, M.D. tee last year and has not been reintroduced this session. Indeed, the leading initiative from this year's more conservative legisla is pleased to announce that the ture has been to examine ways to scale back automatic benefits to police and fire work ers suffering from heart and hypertension Dermatologic Surgery Center problems. The theory behind those awards, which cost Connecticut cities and towns is now the some $5.8 million last year, is that police and fire jobs are so stressful that stress-re lated ailments are presumed to be caused by Cosmetic Surgery Center work. promising way to resolve these cau of Connecticut, PC. A sation disputes is fast gaining con verts, although it hasn't yet been proposed in Connecticut's General Assem bly. The idea involves "proportionate" ben efits. That is, if guidelines or fact-finders for the practice of Cosmetic, Skin Cancer and Plastic Surgery Lipo-suction, Facial & Body Contouring estimate that there is a 50 to 60 percent Dermabrasion & Chemical Peel chance that a cancer came from a specific hazard, the purveyors of that hazard would pay the victim 50 to 60 percent of the nor mal award or lawsuit judgment--not the Collagen Injection Hair Transplantation & Scalp Reduction Injection of Superficial Varicose Wins whole amount. Similarly, hazard creators Microsurgical Eyelash Enhancement whose actions only slightly raise the chance (Permanent Eyeliner) of cancer in their vicinity would still have to pay something to cancer victims. (Continued on page 104) 266 Post Road East Westport, CT 06880 (203) 226-4649 OLI 6245 MAY 19*3 CONNECTICUT 59 ////;// / / THE FIRST PLACE ' YOU SHOULD LOOK TO RENT / / /ANEWCAR/ t IS THELASTPLACE YOU'D THINK OFLOOKING.4 / /r / // */ / / ________ jp With ojjp twenty five Connecticut locates foryour convenience.^ We're proud to offer the finest in high-quality component systems--and we ve found the timely solution for blending hi-fideiity into your home--beautiful cabinets by Custom woodwork & Design. Adaptable in their modular designs, cwd units are hand crafted in select hardwoods of Light Oak, Dark Oak, and Natural American walnut. Whatever your component needs, whatever your decor, we have a cabinet system for you from CWD. Come in and see our fine line of high fidelity equipment. And when you do, make sure you check out the beautiful cabinets and accessories from Custom woodwork & Design. CWD Custom Woodwork i DisiCn Inc High performance modular furniture that keeps pace with your electronic system 105 Whitney Ave.. New Haven. CT06510 QOJ) 777-1750 Mon.,Tue..Wed..Frt.,iOam--6pm.Tnur.,KJam--Bom. Sat.,10am--5pm, me / visa/amex/Take 5 charge LAW & COURTS (Continuedfrom page 59) Yale's Dr. Cullen says a national compensation scheme with a scientific advisory panel should be created. Periodically, it would define the best estimate of health risks from certain exposures. The present all-or-nothing system en courages hardball litigation. Its results are so capricious that businesses do not have an economic basis for knowing if they should clean up marginal hazards, and victims do not know if it is worth their while to litigate for benefits. Such a proportional compensation sys tem has been proposed for victims of ura nium mining and nuclear testing by U.S. Sen. Orrin Hatch, the conservative Repub lican from Utah who heads the Senate Labor and Human Resources Committee. He says most of these victims get nothing under present law. The idea should be considered for other health hazards as well, say schol ars writing recently for law reviews and working for the President's Council of Eco nomic Advisors. Carter, the Olin widows' attorney, sug gests that proportionate compensation is better suited for lawsuits than workers'com- pensation cases because he believes com pensation benefits are too low in death cases as it is. But Connecticut's benefits (a max imum of $381 weekly, from which an attor ney's fee is deducted) are now among the highest in the United States, and even Car ter suggests that proportionate compensa tion would be theoretically more fair and efficient than the present litigation system. Yale's Dr. Cullen, whose clinic in New Haven helped the Olin widows and is the only such diagnostic clinic in Connecticut, says a national compensation scheme with a scientific advisory panel should be created. Periodically, it would define the best esti mate of health risks from certain exposures. "Scientists do this all the time, forming con sensus groups even when there is incom plete data," he says. "The courts would still have to play a role in the adjudication of an individual case. But at least there would be some guidelines. "Now the courts are stuck with using ex pert witnesses in the traditional way--try ing to judge the intelligence and sophistica tion of the witnesses. And it's really bi zarre." Editor's note: This begins a regular col umn on legal affairs by Andrew Kreig of Hartford, a writer who holds an MSL de gree with honorsfrom Yale Law School. KM CONNECTICUT MAY I9S3 OIiI 6246