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March 16, 1932. Madlinger VS. U. S. Rad ium Corp. Burton E. Emory, Esq., Sup't. Aetna Life Ins. Co. 100 William St. New York City. H. H. Barker, Rsq., Vice Pres. U. S. Radium Corp. 535 Pearl St. New York City. Edwin F. Smith, Esq., MAR 17 1932 1 Exchange Place, Jersey City, N. J. Chas. Stockdell Gray, Esq., Counsel, Globe Indemnity Co. 20 Washington Pl. Newark, N.J. Gentlemen: Herewith copy of letter to Mr. Weeks in the above which is self explanatory. This case is No. 2179 on the Supreme Court trial calendar in the Supreme Court, Essex County Circuit. The court at the present time is down to approximately case 1000 and there are four judges holding trials, 80 that if we divide the remaining approximately twelve hundred cases by four, we find that our case is three hundred cases from the top of the list. Judging from past performances and merely guessing as that, the probability is that this case will be reached shortly before the Summer vacation period sets in on July 1st. If this case 1s to be contested, there is considerable work to be done and we should have & conference very shortly to determine our procedure. Mr. Weeks in a con- ference in January, 1932, stated he would settle this case for @8000. Dr. Flinn has made two radioactive tests and on both occasions has found the plaintiff radioactive. Dr. Flinn tested her on March 7, 1929 and at that time found approximately 4.5 micrograms of radium, old standard and 2.50 micrograms, present standard. His examination on February 25, 1932 reveals 33.8 micrograms of radium, old standard and 18.6 micrograms, present stanlard. He therefore concludes that the plaintiff was "loaded" with radium and that this redium was probably on her clothes, or at least it was not internal radium. You will note that we are trying to get another test. If such a test 18 obtained, every effort should be made to get the plaintiff to strip and put a robe on, which the doctor should provide with respect to which he is sure there oan be no "loading" with redium. We should also have present a woman nurse or two women nurses if necessary to provide the necessary female protection for the plaintiff when the circumstances require. We shell keep after Mr. Weeks for these examinations. In the meantime Mr. Markley will confer with Mr. Smith at the latter's convenience for the purpose of preparing a demand for particulars. If the United States Radium Corporation has any data in its files with respect to this case, such information should be sent to Mr. Smith and Mr. Markley immediately. In any event, a conference should be held as soon as practicable to work out our defense and to consider the question of settlement. Yours very truly, EAM: AG E.A. MARKLEY

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Page context
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    "seq": 3,
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    "ocrText": "March 16, 1932.\nMadlinger VS. U. S. Rad ium Corp.\nBurton E. Emory, Esq.,\nSup't. Aetna Life Ins. Co.\n100 William St. New York City.\nH. H. Barker, Rsq.,\nVice Pres. U. S. Radium Corp.\n535 Pearl St. New York City.\nEdwin F. Smith, Esq.,\nMAR 17 1932\n1 Exchange Place,\nJersey City, N. J.\nChas. Stockdell Gray, Esq.,\nCounsel, Globe Indemnity Co.\n20 Washington Pl. Newark, N.J.\nGentlemen:\nHerewith copy of letter to Mr. Weeks in\nthe above which is self explanatory. This case is No. 2179 on\nthe Supreme Court trial calendar in the Supreme Court, Essex\nCounty Circuit. The court at the present time is down to\napproximately case 1000 and there are four judges holding\ntrials, 80 that if we divide the remaining approximately twelve\nhundred cases by four, we find that our case is three hundred\ncases from the top of the list. Judging from past performances\nand merely guessing as that, the probability is that this\ncase will be reached shortly before the Summer vacation period\nsets in on July 1st.\nIf this case 1s to be contested, there is\nconsiderable work to be done and we should have & conference\nvery shortly to determine our procedure. Mr. Weeks in a con-\nference in January, 1932, stated he would settle this case\nfor @8000. Dr. Flinn has made two radioactive tests and on\nboth occasions has found the plaintiff radioactive. Dr. Flinn\ntested her on March 7, 1929 and at that time found approximately\n4.5 micrograms of radium, old standard and 2.50 micrograms,\npresent standard. His examination on February 25, 1932 reveals\n33.8 micrograms of radium, old standard and 18.6 micrograms,\npresent stanlard. He therefore concludes that the plaintiff\nwas \"loaded\" with radium and that this redium was probably on\nher clothes, or at least it was not internal radium.\nYou will note that we are trying to get\nanother test. If such a test 18 obtained, every effort should\nbe made to get the plaintiff to strip and put a robe on, which\nthe doctor should provide with respect to which he is sure\nthere oan be no \"loading\" with redium. We should also have\npresent a woman nurse or two women nurses if necessary to\nprovide the necessary female protection for the plaintiff when\nthe circumstances require. We shell keep after Mr. Weeks for\nthese examinations. In the meantime Mr. Markley will confer\nwith Mr. Smith at the latter's convenience for the purpose\nof preparing a demand for particulars.\nIf the United States Radium Corporation\nhas any data in its files with respect to this case, such\ninformation should be sent to Mr. Smith and Mr. Markley\nimmediately. In any event, a conference should be held as\nsoon as practicable to work out our defense and to consider\nthe question of settlement.\nYours very truly,\nEAM: AG\nE.A. MARKLEY"
}