Document owBwJeRvjN6qMXzjGm0v3Yd7

May 5* 1933 A* E. illfctnacht E tjhyl Gasoline Corporation Chrysler Building lie'w York City We w York Dear Mr* Mittnachts Tagentireh familiar with the facts in the 3ui t of "r* ^Mlch is being brought against Company of Indiana* This is the case which was referred to at the original Washington con ference by Dr* Henderson as an example of a poisoning from tetraethyl lead which was not being reported at that time, and which was presumably being concealed by Interested parties* You will remember that at this time Dr. Morton stated that the man did not have lead poisoning and that there was ho justification for the statement of Dr. Henderson. ! ' More than a year ago this came to the point of formal suit which, for one reason or another, has been post poned until now it seems certain that it will come to trial some time In June. Months ago, I was asked to discuss the case with the Standard Oil people and with the attorney Mr. Felonie. We went over the ground rather carefully, and at my request Mr. Felonie had certain additional Investigations made in an attempt to establish the real facts* I, personally, do not believe there is any justification for the claim, and I]have agreed to appear as an expert witness in the case* Since this man was a laboratory worker and since his exposure was to tetraethyl lead as well as other metalo-organic com pounds, there Is no question Of any connection with gasoline exposure, and the Standard Oil people have apparently regarded as their own problem un-as soda ted with the interests of s Ethyl Gasoline Corporation* Perhaps I should have brought to your attention previously although I had assumed that Iis would tie done by the Standard Oil Company of Indiana* reover, the case has been straggling along In such a way at no one has been certain that It would be brought to trial til recently* The Standard Oil people feel that they can Win the suit since in their opinion, ahd also In nine, there Is no justification for the claim* 0017033 If there are any further details In which you are Interested, I shall he glad to provide them, and if you have any feeling about the wisdom of my appearing in this case, I should be glad if you would communicate with me at once* However, this much I feel is certain, that unless the case can not be compromised or settled out of court, it will be difficult. If not impossible, to obtain other expert testimony other than min in establishing the background of facts in fairness to the Standard Oil Company* The reason for this is that the prIncipalouestlon of fact involved has to do with whether or not Mr had sufficient exposure to tetraethyl lead to account for his illness, and whether or not his illness may not have been du^t^i^s exposure to other heavy metal compounds. (Mr.^MHHHpvorked with organic mercury compounds for a porl cjaoryears thereby presumably establishing his technical ability to handle poisonous materials*) His handling of tetraethyl lead was very meager, consisting of repeated attempts to synthesize tetraethyl lead by a variety of methods, most of which were unsuccessful* His note books are available showing the amounts of tetraethyl lend which he finally prepared. The conditions in the laboratory in which he worked were apparently, from all the information which 1 have been able to obtain, reasonably satisfactory so that with customary chemical technique, there seems no reasonable doubt that his actual lead exposure v?as negligible* These facts may be brought out adequately, I believe, but I do not think any one else has available tho facts and figures as to what might be considered significant exposure* to tetraethyl lead. Thus it becomes necessary to discuss the toxicity of tetraethyl lead, the manner and rate of its absorption and the experience of others, especially of those groups who have shown over a period of years the non-injurious effect of slight exposure, I believe I have stated the situation of the Standard Oil Company with reasonable adequacy You will probable wish to discuss the matter with Mr. Webb. Let me know promptly if you disapprove for any reason of my appearing in this case. Very truly yours. RAK:IS KG 0017034