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A file of letters and memos from February to July 1957 on a request that J-M help pay for a cardio-pulmonary function laboratory at Middlesex General Hospital in New Brunswick, New Jersey. Dr. Joseph H. Kler of the hospital sent Dr. Kenneth Smith, J-M's medical director, a proposal for the state's first such laboratory, with a five-year budget of $150,000 and endorsements including the New Jersey State Federation of Labor, and hoped J-M would give $15,000. J-M's Manville plant doctors and managers urged support, because pulmonary function tests had become essential in defending compensation claims; headquarters held the gift to $2,500, sent on July 19, 1957.
- Author
- Joseph H. Kler; Kenneth W. Smith; David T. DuBow; C. L. Sheckler; H. J. O'Brien; John P. Syme; George M. Wilson
- Published by
- Johns-Manville
- Date
- February 6, 1957
- Rights
- Republished under fair use for research and historical study.
Read or download
- Dr. Joseph H. Kler to Dr. Kenneth Smith, February 6, 1957 ACL Doc 11484 · 3 pp. · PDF, 138 KB
- Enclosure: proposal for the laboratory, with budget and table of organization ACL Doc 11485 · 3 pp. · PDF, 144 KB
- Dr. Kenneth W. Smith to H. J. O'Brien, February 26, 1957 ACL Doc 11486 · 1 pp. · PDF, 49 KB
- Dr. David T. DuBow to M. F. Naylor, March 14, 1957 ACL Doc 11487 · 1 pp. · PDF, 50 KB
- H. J. O'Brien to K. W. Huffine, March 27, 1957 ACL Doc 11488 · 1 pp. · PDF, 37 KB
- John P. Syme to K. W. Huffine, April 23, 1957 ACL Doc 11489 · 1 pp. · PDF, 36 KB
- George M. Wilson to H. J. O'Brien, with handwritten note, April 24, 1957 ACL Doc 11490 · 2 pp. · PDF, 60 KB
- Dr. D. T. DuBow to H. J. O'Brien, May 1, 1957 ACL Doc 11491 · 1 pp. · PDF, 35 KB
- C. L. Sheckler to H. J. O'Brien, May 1, 1957 ACL Doc 11492 · 1 pp. · PDF, 37 KB
- Memos and letters, May 9 to July 19, 1957 ACL Doc 11493 · 9 pp. · PDF, 247 KB
What it shows
The Manville memos set out why the plant wanted the laboratory. C. L. Sheckler wrote that New Jersey's interpretation of its occupational disease law "is becoming more liberal rapidly": aggravation of an existing condition was now grounds for an award, and disability in pneumoconiosis cases was being judged "on the basis of Xray changes only," so function studies were "the only method which we have to objectively evaluate actual disability." Dr. David DuBow reported 367 people on Manville's "No Dust List," 164 with X-ray changes "which might be considered compatible with a work exposure," and plant manager H. J. O'Brien wrote that "we are facing a critical need for many of them in the future." A handwritten note of April 24 says Dr. Smith had advised management of J-M's "potential future exposure," which the writer believed ran "into several millions of dollars." When headquarters decided not to give more than American Cyanamid or Bakelite, O'Brien answered: "I would guess that American Cyanamid and Bakelite together wouldn't have 10% of our potential claims."
In Johns-Manville's chronology
Johns-Manville's own chronology of what the company knew describes this document as follows:
Dr. Joseph H. Kler (Middlesex Hospital) solicits funds from J-M (Dr. K. Smith) in order to establish a modern cardio pulmonary function laboratory at Middlesex Hospital (New Jersey). He would like J-M to contribute $15,000 over a five-year period which represents 10% of the cost of the lab. Such a facility does not exist in New Jersey at this time and is needed, in particular, at this time because of the changing workers' compensation laws making certain pulmonary conditions compensable. An impartial laboratory is needed to determine employee disability. Several medical societies and the N.J. State Federation of Labor have already endorsed their support.
Dr. K. Smith, Dr. D.T. DuBow, C.L. Sheckler, and H.J. O'Brien wholeheartedly support the project and seek support from J-M. H.J. O'Brien (Manville plant) in a memorandum, 6/5/57, to G.M. Wilson (GHQ) recommends that J-M make a $15,000 contribution. O'Brien states that in evaluating pneumoconiosis cases, the current trend is to determine disability on the basis of x-ray changes only, without evidence of disability. PFT's are the only method available to date which can objectively evaluate actual disability. Although J-M has only had to have 14 such tests performed in the last five years, "We know that we are facing a critical need for many of them in the future." O'Brien refers to the 367 persons on Manville's "No Dust List." (As reported in a handwritten note from O'Brien, 4/24/57. Dr. Smith believes that J-M's future potential exposure is several million dollars.)
G.M. Wilson reports back to H.J. O'Brien that the company will contribute a maximum of $2,500. (Rationale: A.R. Fisher and Cassidy do not want to contribute more than American Cyanamid or Bakelite.) H.J. O'Brien expresses his dissatisfaction with the amount of the contribution in a memorandum to Wilson, 6/28/57. He states, "We doubt that any industry, large or small, in the State has anywhere near the exposure that we do. I would guess that American Cyanamid and Bakelite together wouldn't have 10% of our potential claims."
Editor's note: J-M's description says the "several million dollars" estimate came from a handwritten note by O'Brien of April 24, 1957. That note is addressed to O'Brien, and its writer's name is not shown. Wilson first proposed a one-time gift of $2,000 on June 18; his July 12 memo authorized "up to a maximum of $2,500."
Cited on this site
Cite this document
Joseph H. Kler, Kenneth W. Smith, David T. DuBow, C. L. Sheckler, H. J. O'Brien, John P. Syme, George M. Wilson. “J-M Correspondence on Funding a Cardio-Pulmonary Laboratory at Middlesex General Hospital.” February 6, 1957. Johns-Manville. AsbestosClaims.Law Library. https://asbestosclaims.law/library/documents/j-m-correspondence-on-funding-a-cardio-pulmonary-laboratory-at-middlesex-general-hospital-1957.
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