Letters Sent to James Ewing, May 13, 1929

May 13th, 1929. Dr. Janes Ewing, Cornell University Medical College, First Ave. and 28th St., N.Y.C. Dear Dr. Ewing: Please pardon my delay in answering your note of May 7th, enclosing letter from Dr. Krumbhaar, both of which we have read with considerable interest. In view of the fact that Dr. Krumbhaar was selected by Mr. Berry as the girls representative on the Committee, and his more or less close contact with Mr. Berry, we can well appreciate his viewpoint. However, we feel that our original position with regard to the Committee making any formal statements about these cases is sound and most equitable to all parties concerned. Mr. Berry has not only stated in our presence, but we understand has more or less generally broadcast the statement that he is not going to try the case which he now has until he has the formal report from the Commdttee, as he feels that such report is very essential to his winning the present case. With reference to Mr. Herry advising Dr. Krumbhaar that after he has once established unquestion- ably that the five girls are suffering from "radium poisoning" he will not be interes- ted in any further cases and, that he is only trying this case to establish such fact, allow us to advise you that Mr. Berry at the time the five cases were settled stated that he was not interested in handling any further cases. We did not take such statement seriously for we well realize that the legal profession is dependent upon such cases as these for a goodly part of their income. It seems to be quite a generally accepted fact which no one is attempting to deny, as far as I know, that the five girls have or are suffering from a hitherto unknown condition as a result of continued ingestion of small amounts of radio-active materials. Just what argu- ments Mr. Berry can set forth in order to clinch this matter he must prove it before the courts we are unable to fathom. Dr. Krumbhaar's statement as to the fact that the Committee is permitt- ing the continuance of the girls annuities as well as medical expenses constitutes negative evidence to the effect that the girls are suffering, is well taken and one which would be difficult to deny. In our opinion the current case is strictly individual and should be handled entirely apart from the preceeding cases, especially in view of the fact that these cases were settled and there was no decision rendered. Mr. Berry is apparently trying to obtain such a decision from your Committee to use it to arouse public sympathy in behalf of his client in a manner somewhat the same as he aroused public sympathy in behalf of the five girls. I believe that your Committee will agree with us that any unnecessary publicity given to the condition of the five girls will not result in anything beneficial to either them or the case in question so far as their actual condition is concerned and, it is even quite possible that such publicity might be considered decidedly harmful to the girls. So long as there is no breach of the stipulation on our part, and the girls medical expenses as o.K'd by you, are paid, and their annuities continued, there is, in our opinion no necessity for either