J. E. Begert to Vandiver Brown on Whether to Tell Steve Kardos of His Asbestosis (1940)

A one-page personal and confidential memo of June 27, 1940, from J. E. Begert, manager of Johns-Manville's Manville, New Jersey, factory, to Vandiver Brown, J-M's attorney, with a copy of a letter of June 25 from Dr. Lloyd F. Craver of Memorial Hospital in New York. Craver wrote that Steve Kardos, a patient being treated for a throat condition, had worked in J-M's asbestos division for fourteen years and that his chest film "would seem to indicate the probability of pulmonary asbestosis," adding, "We have not discussed this aspect of the case with the patient." Begert reported: "As suggested by you, I asked Dr. Fritts if he would not suggest to Dr. Craver that the patient not be informed of his condition, but Dr. Fritts felt that this would be contrary to professional ethics."

What it shows

Begert hoped that because J-M was telling Craver it knew of the condition and was "planning to take care of it," Craver would release Kardos for his throat condition "and will probably not even discuss the lung condition," adding, "at least, we hope so." The suggestion that the worker not be told came from J-M's attorney, and the company's own plant doctor declined it on ethical grounds. Six weeks later C. W. Hite, who received a copy of this memo, wrote in another case that it "was not the policy of the Company" to warn employees of dust danger (the Smutko memo).

In Johns-Manville's chronology

Johns-Manville's own chronology of what the company knew describes this document as follows:

Correspondence from J.E. Begert, Manville plant manager to Vandiver Brown, 6/27/40, re Steve Kardos enclosing a letter to J-M from Dr. Lloyd Craver, attending physician, dated 6/25/1940. Craver's letter calls to J-M's attention that Kardos, who had been under treatment for a nasal/larynx condition believed due to avitaminosis, was x-rayed and the film "would seem to indicate the probability of pulmonary asbestosis. We thought it well to call this to your attention in case you should not know about it. We have not discussed this aspect of the case with the patient". Begert informs Vandiver Brown that "as suggested by you, I asked Dr. Fritts [Manville's J-M plant doctor] if he would not suggest to Dr. Craver that the patient not be informed of his condition, but Dr. Fritts felt that this would be contrary to professional ethics and did not want to write this to Dr. Craver. There is a probability that since we are advising Dr. Craver we know of his condition and are planning to take care of it, Dr. Craver will allow Mr. Kardos to be released from the hospital because of his throat condition, and will probably not even discuss the lung condition at least, we hope so". The letter was copied to C.W. Hite and J.P. Syme.