Letters Received to Dr. Frederick B. Flinn, May 10, 1930

COLLINS & CORBIN COUNSELLORS AT LAW CLEMENT K. CORBIN ROBERT J. BAIN EDWARD A. MARKLEY CHARLES w. BROADHURST 1 EXCHANGE PLACE, HOWARD F. MC INTYRE JERSEY CITY, N. J. FRANK A. BOEHLER . JAMES B. EMORY PATRICK F. MC DEVITT FRANK P. CLANCY JOHN F. LEONARD May 10, 1930. Hoare V. U. S. Radium Corp. Dr. Frederick B. Flinn, c/o College of Physicians & Surgeons, Columbia University, New York City. Dear Dr. Flinn: Replying to your letter of the 7th instant in the above, please be advised that upon reflection, I feel that our campany should not agree to provide medical care for this plaintiff or any other plaintiff in these radium suits. In the event that the case goes to trial (and there is a strong probability that it will) the fact that our company has provided medical attention and paid for it would be an admission of liability in the eyes of the jury who Culd hear the case. The reasoning would be that our company would not have paid for the medical care and attention and treatment unless it were liable to the plaintiff and that would foreclose a fair consideration of the meritorious questions of liability which are involved. However, we are willing to accept your offer that we make independent examinations of Mrs. Hoare for the purpose of determining for ourselves whether or not she is radioactive and the nature and extent of her illness, disease or injury, all of which is to be without prejudice to the rights of either party. I have therefore informed Mr. Barker that he might go ahead and arrange with you for such examinations at the earliest possible moment. Also, if you are in a position to submit a reasonable offer in settle- ment of this case, all negotiations to be rithout prejudice in the event of contest, I shall be glad to submit it to our client for its consideration. This latter I should like to do as soon as practicable and as soon after our physical ex- aminations and reports as practicable. Anything you can do to expedite our examination of this girl or any o ther girl will be greatly appreciated. Thanking you for your letter of the 7th and with kindest regards, Sincerely yours, EAM:AG E. A. MARKLEY