Document kaBY2m5gGJN6w7EwXwdBnqoZy

FILE NAME: American Cyanamid (AMCY) DATE: 2012c DOC#: AMCY028 DOCUMENT DESCRIPTION: Legal - Excerpt of Affidavit of Barry Castleman J. Railroad Companies The railroad industry trade group, A ssociation o f A m erican R ailroads, convened annual m eetings o f its M edical and Surgical S ection annually, starting in 1921. T he proceedings o f these m eetings show th a t th ey w ere atten d ed by d o cto rs from th e m ajor railro ad s thro u g h o u t the U nited S tates. T he proceedings from 1935 specifically n o te th at asbestosis w as a concern to railroad industry do cto rs, and th at education o f the w orkers, hygiene m easures, m edical evaluations w ith ch est X -ray, air sam pling , and resp irato ry p ro tectio n w ere advisable. Sim ilar points w ere recorded in the m edical section proceedings for the years 1937 and 1951-1953. The 1958 proceedings n o ted th at asbestos d ust inhalation could also cause cancer o f th e lungs. H istoric docum ents o f railroads operating in Illinois in 1937 reco rd the developm ent o f a detailed list o f procedures to be follow ed in th e handling o f asbestos insulation used o n steam locom otives. R ailw ay claim s agents also w rote about asbestosis in th e 1930s. T his aw areness o f asbestos hazards is recorded in m y b o o k on th e public h ealth h isto ry o f asb esto s (A sbestos: M edical and L egal A spects 5thEd. A spen, N Y , 2005, pp. 646-650). K. American Cvanamid Company n/k/a Wyeth Holdings Corporation In my opinion, to a reasonable degree o f scientific certainty, based on my knowledge o f American Cyanamid and my review o f the materials that have been provided, American Cyanairnd certainty by 1948 had knowledge o fasbestos hazards, knew how to prevent workers from developing asbestos diseasesand take home exposures. Further, Am erican Cyanamid w as aware at least by 1964 at the latest o fthe association betw een asbestos exposure and m esotheliom a The information available to American Cyanamid was available to companies using asbestos and asbestos products. A list o f th e docum ents I review ed specific to A m erican C yanam id is attach ed as an A ttachm ent "3" to th is rep o rt. Further, A m erican Cyanam id: W as a fortune 500 company in the chemical and pharmaceutical business; Had 50 phis plants in the United States and a number ofplants outside ofthe United S tates; . Used asbestos filter m aterial and asbestos finished products at their plants. American Cyanamid manufactured and distributed asbestos-containing products starting in 1963, as n o ted in th eir answ ers to interrogatories; W asan^m baoftteIndustrialH ygjeneFoundation(IH F) from 1943-1954; Dr. D.O.Hanfolin, AmericanCyanamid'smedicddirector,wasassociatedwifotheIHF since 1943; Dr. Hamblin controlled the activities o fAmerican Cyanamid's Industrial Hygiene D epartm ent; Mr. Bradley, as industrial hygienist o f American Cyanamid, actively participated in the IH F and published rep o rts o f annual m eetings o fth e IH F; In 1947, Dr. Hamblin, based on his expertise, was invited by the N Y University College o f Medicine, Department ofPreventative Medicine, to be a memberofthe newly formed Advisory Committee for the Institute oflndustrialand Social Medicine. The committee w as being formed, in part, due to the request ofD r. Anthony Lanza, who hadjust accepted a professorship oflndustrial Medicine at the university. . The Industrial Hygiene Department o f American Cyanamid operated under the direction o f William Bradley (1944 to 1960). According to M r. Bradley, AmericanCyanamid had one ofthe largest ridustrial hygiene groups in the industry; the industrial hygienists had experience in toxicology, chemistry and engineering. M r. Bradley conducted asbestos animal studies prior to 1944; he w as one o f the founders o fth e M ichigan Industrial Hygiene Society in 1937. By the mid-1940s, leading industrial 14 hygienists w ere aw are o f the feet that asbestos w as among the air contam inants for which some states had set maximum allowable concentrations and the American Conference o f Governmental Industrial Hygienists w as recommending such limits. American Cyanamid industrialt^ g ra k W illk n Andresenknew thatACGIH guidelines recommending a m axm im concentration for asbestos and other air contaminant exposures w ere not expressed as being "fine lines betw een safe and unsafe." William Bradley, as an employee o fAmerican Cyanamid, made a presentation in the early 1950s in which he addressed asbestosis and means for its prevention. (Industrial Hygiene Considerations in the M anufacture o f Reinforced Plastics, 1953) American Cyanamid had corporate industrial hygienists (ie. William Bradley, John Pendergrass, William Andresen, James Rook, J. Brennan Gisclard) and industrial sometimes hygienists at the plant level. Every year the TLV s w ere distributed to all industrial hygienists. American Cyanamid had such a sophisticated EHdepartment, that it offered its services in an advisory capacity to other com panies. A m erican C yanam id industrial hygienistJohnPendergrass attended apresentatfonby Dr. Selikoffin 1964 regarding asbestos exposure and cancer (Pendergrass deposition including pp. 2 0 ,8 0 ,8 5 -8 6 ). A m erican C yanam id had a departm ent devoted to scientific and medical research. American Cyanamid kept abreast ofsdentific data and research throughmedicaljoumals maintainedinthe corporate library and plant libraries including the Journal o f American Industrial Hygiene Association, Journal o f Occupational Health and JAM A(Pendergrass deposition) The applicable w ork place safety and sanitation laws required American C yanam id to p ro tect its F ort W orth, T exas plant p ro tect em ployees from asbestos exposure include: 1958 T exas O ccupational H ealth R egulation-M axim um Perm issible C oncentrations o f A tm ospheric C ontam inants in Places o f Em ploym ent 1972 OSHA asbestos standards A m erican C yanam id F o rt W orth plant w orkers do n o t recall any surveillance or preventative m ethods used a t th e plant by A m erican C yanam id in a m anner th at w ould have prevented M r. M urphy's asb esto s exposure. C yanam id did n o t provide resp irato ry p ro tectio n from asbestos for th e F o rt W orth plant em ployees and did n ot inform the plant em ployees concerning asbestos hazards o r asbestos safety issue. There w as no industrial hygienist on staff at the Fort W orth plant. A m erican C yanam id co rp o rate representative B oyle w as n o t aw are o f any dust m easurem ents o r o th er m easures tak en specifically a t th e F ort W orth plant by A m erican C yanam id to com ply w ith th e 1958 T exas occupational health reg u latio n o r th e 1972 O SH A regulation. ( Dr. Longo report). A m erican Cyanam id w as a m em ber o r had em ployees th at w ere m em bers o f the follow ing trad e associations in at least th e follow ing tim e fram es (A m erican Cyanam id discovery answ ers M urphy, D irectories o f Industrial H ygiene): Industrial H ygiene Foundation 1943 - 1954; 1967-1968 N ational Safety C ouncil 1946 to 1980 A IH A 1944 to 1980 A CG IH 1962; 1969-72; 1976-1980 15