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Mr. Berry or the girls themselves making any particular demands upon your Committee
as to a statement of your findings. In the event that we should fail to fulfill our
part of the obligation the time would be opportune for such demands.
With reference to the current case:
Electroscopic determinations were con-
ducted at Mr. Berry's office in Newark on March 17th, under the direction of Drs. Faill a
and Schlundt. Mrs. Hewes was present as the radiologist in the client's behalf. The
usual
tests
were conducted, consisting of gamma ray and expired air and, at an informal
discussion at the close of these tests Mrs. Hewes agreed with Drs. Failla and Schlundt,
in the presence of Mr. Berry, that the girl apparently qas not radio-active according
to test conducted. I personally heard Mr. Berry call Mrs. Hewes to one side and give
her quite a lecture with reference to her making any such admission before our experts.
It seems to us that Mr. Berry feels that the present case is not any too strong in
view of the evidence which he has to present and, for that reason is doubly anxious to
again arouse sympathy of the Court by talking about the other cases which as far as
we
can see has nothing to do with the present case.
At this conference Mr. Berry asked our legal counsel if they would have any
objection to his taking depositions from the Committee, namely - Drs. Krumbhaar, Craver
and yourself, to which our counsel replied in the negative. Your Committee, of course,
appreciates that inasmuch as none of you are residents of N.J. it would be impossible
for Mr. Berry to subpoena you to appear in court unless you care to do so.
Again in
the matter of taking depositions from your Committee, there is nothing obligatory on
your part to give Mr. Berry information requested, and Mr. Berry would be successful
in obtaining only such data as you would elect to give. Any such depositions,of
course, would become public information and, in our opinion would be given wide public-
ity
at
the
proper
time.
We have given your Committee sufficient information relatixe
to this whole situation for you to realize how complicated it is, and the various
points
and issues involved. You further know, that we are not disposed to shirk any just
responsibility that we may have - but at the same time we are extremely anxious that
these matters be handled in a manner giving as little general publicity to this subject
as possible. The publicity given in the past has materially effected the radium
industry in all its phases, and in most cases without any justification. The matter
of any hazard existing in the application of luminous material to watch dials at
the
present time is being carefully studied and, in our opinion has been eliminated for
the past three or four years. We are, therefore, confronted with the problem of
giving consideration to matters which transpired in the past, at a time when our
knowledge was not as complete as it is today and, guiding ourselves in such a way
that
we will not jeopardize the industry as it now exists.
It is extremely difficult for either Mr. Berry or ourselves to associate with
litigation of this nature physicians of reputable standing, for we well appreciate
how averse they are to becoming involved in legal wrangles.
Your Committed has an obligation to fulfill, such obligation consisting of
meting out justice in accordance with the stipulation signed by them and ourselves.
So long as these girls receive such justice I cannot see where Mr. Berry has any right
to make demands or requests from your Committee and, in fact should be very happy that
matters are being taken care of as they are.
I received a few lines from Dr. Schlundt a week or ten days ago, stating
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"ocrText": "-2-\nMr. Berry or the girls themselves making any particular demands upon your Committee\nas to a statement of your findings. In the event that we should fail to fulfill our\npart of the obligation the time would be opportune for such demands.\nWith reference to the current case:\nElectroscopic determinations were con-\nducted at Mr. Berry's office in Newark on March 17th, under the direction of Drs. Faill a\nand Schlundt. Mrs. Hewes was present as the radiologist in the client's behalf. The\nusual\ntests\nwere conducted, consisting of gamma ray and expired air and, at an informal\ndiscussion at the close of these tests Mrs. Hewes agreed with Drs. Failla and Schlundt,\nin the presence of Mr. Berry, that the girl apparently qas not radio-active according\nto test conducted. I personally heard Mr. Berry call Mrs. Hewes to one side and give\nher quite a lecture with reference to her making any such admission before our experts.\nIt seems to us that Mr. Berry feels that the present case is not any too strong in\nview of the evidence which he has to present and, for that reason is doubly anxious to\nagain arouse sympathy of the Court by talking about the other cases which as far as\nwe\ncan see has nothing to do with the present case.\nAt this conference Mr. Berry asked our legal counsel if they would have any\nobjection to his taking depositions from the Committee, namely - Drs. Krumbhaar, Craver\nand yourself, to which our counsel replied in the negative. Your Committee, of course,\nappreciates that inasmuch as none of you are residents of N.J. it would be impossible\nfor Mr. Berry to subpoena you to appear in court unless you care to do so.\nAgain in\nthe matter of taking depositions from your Committee, there is nothing obligatory on\nyour part to give Mr. Berry information requested, and Mr. Berry would be successful\nin obtaining only such data as you would elect to give. Any such depositions,of\ncourse, would become public information and, in our opinion would be given wide public-\nity\nat\nthe\nproper\ntime.\nWe have given your Committee sufficient information relatixe\nto this whole situation for you to realize how complicated it is, and the various\npoints\nand issues involved. You further know, that we are not disposed to shirk any just\nresponsibility that we may have - but at the same time we are extremely anxious that\nthese matters be handled in a manner giving as little general publicity to this subject\nas possible. The publicity given in the past has materially effected the radium\nindustry in all its phases, and in most cases without any justification. The matter\nof any hazard existing in the application of luminous material to watch dials at\nthe\npresent time is being carefully studied and, in our opinion has been eliminated for\nthe past three or four years. We are, therefore, confronted with the problem of\ngiving consideration to matters which transpired in the past, at a time when our\nknowledge was not as complete as it is today and, guiding ourselves in such a way\nthat\nwe will not jeopardize the industry as it now exists.\nIt is extremely difficult for either Mr. Berry or ourselves to associate with\nlitigation of this nature physicians of reputable standing, for we well appreciate\nhow averse they are to becoming involved in legal wrangles.\nYour Committed has an obligation to fulfill, such obligation consisting of\nmeting out justice in accordance with the stipulation signed by them and ourselves.\nSo long as these girls receive such justice I cannot see where Mr. Berry has any right\nto make demands or requests from your Committee and, in fact should be very happy that\nmatters are being taken care of as they are.\nI received a few lines from Dr. Schlundt a week or ten days ago, stating"
}