No. 2006-1604
In the Supreme Court of Ohio
APPEAL FROM THE COURT OF APPEALS
EIGHTH APPELLATE DISTRICT
CUYAHOGA COUNTY, OHIO
CASE No. 88062
JAMES SINNOTT, et al.,Plaintiffs Appellees,
V.AMERICAN OPTICAL CORPORATION, PNEUMO ABEX LLC, successor in interest to
ABEX CORPORATION, and CBS CORPORATION, a Delaware Corporation, f/k/a Viacom,Inc., successor by merger to CBS Corporation, a Pennsylvania Corporation, f/k/a
WESTINGHOUSE ELECTRIC CORPORATION,Defendants-Appellants,
andAQUA-CHEM, INC., et al.,
Defendants.
JOINT STIPULATION TO SUPPLEMENT RECORD(VOLUME 1 of 2)
CAROLYN KAYE RANKE (0043735) SUsAN M. AUDEY (0062818)(COUNSEL OF RECORD) (COUNSEL OF RECORD)BRENT COON & ASSOCIATES IRENE C. KEYSE-WALKER (0013143)
1220 West Sixth Street, Suite 303 JEFFREY A. HEALY (0059833)Cleveland, OH 44113 CHRISTOPHER J. CARYL (0069676)
Telephone: 216.241.1872 TUCKER ELLIS & WEST LLP
Telefax: 216.241.1873 925 Euclid Avenue, Suite 1150E-mail: kaveCoDbcoonlaw.com Cleveland, OH 44115-1414
Attorney for AppelleesJames Sinnott, et al.
Telephone:Telefax:E-mail:
216.592.5000216.592.5009saudey(@tuckerellis.comikeyse-walker(@[email protected](a)tuckerellis.com
APR 13 2007
MARCIA J iViENGEL, CLERKSUPREME C(IURT_@ppQ0W)^)
Attorneys for Appellants American OpticalCorporation and Pneumo Abex LLC,successor in interest to A bex Corporation
REGINALD S. KRAMER (0024201)(COUNSEL OF RECORD)OLDHAM & DOWLING195 South Main Street, Suite 300Akron, OH 44308-1314Telephone: 330.762.7377Telefax: 330.762.7390E-mail: rkramernoldharn-dowlin .
Attorney for Appellant CBS Corporation, aDelaware Corporation, f/k/a Viacom, Inc.,successor by merger to CBS Corporation, aPennsylvania Corporation, f/k/a WestinghouseElectric Corporation
JOINT STIPUI.ATION TO SUPPLEMENT RECORD
Introduction
The parties to the appeal agree that the trial court record as certified and filed is
incomplete. Under S.Ct.Pract.R. V(6), they jointly request that this Court direct the Clerk of the
Cuyahoga County Common Pleas Court to certify the appended documents and transmit them to
this Court.
Relevant procedural history
Appellants in this asbestos products-liability case - American Optical Corporation
("AO"), Pneumo-Abex LLC, successor in interest to Abex Corporation ("Abex"), and
Defendant-Appellant CBS Corp., f/k/a Viacom, Inc., successor by merger to CBS Corporation,
f/k/a Westinghouse Electric Corp. ("Westinghouse") - filed this appeal from an order of the
Eighth Appellate District that dismissed their appeal as premature. The appeal involves an order
issued by the Cuyahoga County Common Pleas Court's asbestos docket - a docket dedicated
solely to asbestos litigation.
All filings in asbestos' cases at the trial court level - including pleadings, motions, briefs,
and judgment entries - are filed electronically through LexisNexis® File & Serve. See Asbestos
Case Management Order (B)(2), Tab 1. Consequently, there is a limited hard-copy record in the
trial court. Instead, the trial court and the parties access motions, briefs, and judgments
electronically through LexisNexis® File & Serve.
Once a judgment rendered by the trial court is appealed to the Eighth Appellate District,
the appellate court - by local rule - requires that the parties "recreate" a hard-copy record for
review by that court. See Loc.App.R. 11. In addition to providing a signed and journalized copy
of the judgment under appeal (Loc.App.R. 11(A)(2)), the parties are to prepare "stipulated paper
copies of the electronic trial court filings that the parties deem necessary to provide a record for
appellate review." Loc.App.R. 11(A)(3). Indeed, the parties are to "confer and agree to a
reasonable stipulation of the filings necessary to comprise the record on appeal *** ."
Loc.App.R. 11(B)(2).
The parties were in the midst of preparing this "stipulation of filings" at the time the
appellate court dismissed the appeal. Because the parties could not compile the necessary
electronic filings in hard-copy format before the appellate court dismissed the appeal, the trial
court record as transmitted to this Court is incomplete.
S.Ct.Pract.R. V(6) authorizes the parties - by stipulation - to request that this Court direct
"that a supplemental record be certified and transmitted to the Clerk of the Supreme Court" when
any part of the record is not transmitted to the Court and is necessary to the Court's review.
Here, the parties stipulate that the following appended documents are necessary to this Court's
review.
'1'ab Document Description
1 Asbestos Case Management Order (filed 7/11/03)
2 Master Consolidated Complaint (filed 2/10/04)
3 Corrected Notice of Voluntary Dismissal (filed 4/8/04)
4 First Amended Complaint (filed 1/3/05)
5 Second Amended Complaint (filed 3/14/05)
6 Motion of Separate Defendants American Optical Corporation and A.W.Chesterton Co. to Administratively Dismiss (filed 4/26/05)
7 Plaintiff's Memorandum in Opposition to Defendants' Motion to Remove CaseFrom Trial Schedule for Non-Compliance with H.B. 292 (filed 6/2/05)
8 Notice of Filing of Supplemental Medical Reports and Records (filed 7/21/05)
9 Reply to Plaintiff's Opposition to Motion of Separate Defendants AmericanOptical Corporation and A.W. Chesterton Co. to Administratively Dismiss(filed 9/6/05)
2
Tab Document Description
10 Motion of Separate Defendant Pneumo Abex LLC, Successor-in-Interest toAbex Corporation, to Join in Motion of American Optical Corporation toAdministratively Dismiss (filed 12/6/05)
11 Third Amended Complaint Substituting Plaintiff and Adding Wrongful DeathClaim (filed 1/30/06)
12 Notice of Filing of Plaintiffs' Expert Report of Arthur L. Frank, M.D. andReport of Arthur L. Frank, M.D. (filed 2/22/06)
13 Trial Court's Order (journalized 3/21/06)
14 Notice of Filing Hearing Transcript of February 17, 2006 by SeparateDefendant American Optical Corporation (filed 3/23/06)
Because these documents are necessary to this Court's review, the parties to this appeal
request that this Court direct that a supplemental record be certified and transmitted to the Clerk
of the Supreme Court in accordance with S.Ct.Pract.R. V(6).
Respectfully submitted,
7'` "^"'(p'er consent)
CAROLYN IAYE RANKE (0043735)
BRENT COON & ASSOCIATES
1220 West Sixth Street, Suite 303Cleveland, OH 44113Telephone: 216.241.1872Telefax: 216.241.1873E-mail: kaye(a-)bcoonlaw.com
Attorney for AppelleesJames Sinnott, et al.
SUsAN M. AUDEY (0062818)(COUNSEL OF RECORD)IRENE C. KEYSE-WALKER (0013143)JEFFREY A. HEALY (0059833)CHRISTOPHER J. CARYL (0069676)TUCKER ELLIS & WEST LLP
925 Euclid Avenue, Suite 1150Cleveland, OH 44115-1414Telephone: 216.592.5000Telefax: 216.592.5009E-mail: saudeyCc+^tuckerellis.com
ikeyse-walker ntuckerellis.comjhealy(&tuckerellis.comccaryl(cDtuckerellis.com
Attorneys for Appellants American OpticalCorporation and Pneumo Abex LLC,successor in interest to Abex Corporation
3
(per consent)
REGINALD S. KRAMER (0024201)
OLDFIAM & DOWLING
195 South Main Street, Suite 300Akron, OH 44308-1314Telephone: 330.762,7377Telefax: 330.762.7390E-mail: rkramer at7oldham-dowling.com
Attorney for Appellant CBS Corporation, aDelaware Corporation, f/k/a Viacom, Inc.,successor by merger to CBS Corporation, aPennsylvania Corporation, f/k/a WestinghouseElectric Corporation
4
CERTIFICATE OF SERVICE
A copy of the foregoing Joint Stipulation to Supplement Record has been served this
12"' day of April, 2007, by U.S. Mail, postage prepaid, to all counsel of record to this appeal.
One of the Attorneys for Appellants AmericanOptical Corporation, Pneumo Abex LLC,successor in interest to Abex Corporation, andCBS Corporation, a Delaware Corporation, f/k/aViacom, Inc., successor by merger to CBSCorporation, a Pennsylvania Corporation, f/k/aWestinghouse Electric Corporation
538570.00686.931763.1
TAB 1
21401727I11103
IN 'I'HE COURT OF COMMON PLEASCUYAHOGA COUNTY, OHIO
IN THE COURT OF COMMON PLEAS) SS:
CUYAHOGA COUNTY ) JUDGE HARRY A. HANNAIN RE: SPECIAL DOCKET 73958 ) JUDGE LEO M. SPELLACY
)CUYAHOGA COUNTYASBESTOS CASES
CASE MANAGEMENT ORDER )TOIMPLEMENT LEXISNEXIS FILE&SERVE )INPLACE OF CLAD
))
STATE OF OHIO
TABLE OF CONTENTS
A. PREAMBLE ...........................................................................--...................................... 1
B l. GENERAI. PROVISIONS .............................................................................................. 1l.Cases to Which This Order Applies ...................................-.....---.................................. 12.The Docket ................................................................................................................... 13.The Complaint .......................-.--................................................................................... l4.Answer ......................................................................................................................... 25.Amended Complaints ...........................................................:........................................ 36.Cross-Claims and Third-Party Claims ............................................................................47.Conditions for Default Judgment ...................................................................................48.Leaves to Plead ............................................................................................................. 49.Service of Documents ................................................................................................... 510.Dismissals of Cross-Claims and Third-Party Complaints ..............................................511.Joinder in Motions ......................................................................................................512.Multiple Counsel ......................................................................................................... 613.Notice of Appearance/Pro Hac Vice ............................................................................614.Liaison Counsel ......... ................................................................................................. 615.Attendance at Hearings ............................................................................................... 716.Cooperation Among counsel Shall Not Constitute a Waiver of Privileges ....................7
B2. ELECTRONIC FILING PROCEDURES
C. CASE MANAGEMENT SCHEDULE ............................................................................717.Case Management Schedule .......................---.............................................................7
D. WRITTEN DISCOVERY ...............................................................................................718.Defendants? Master Consolidated Discovery Requests (?CDRs?) to Plaintiffs ..............8
19.Records of diagnosis .......... ......................................................................................... 820.Records Authorizations and Tax Returns ........................................ ............................821.Identification of Product Identification Witnesses and Product Identification ...............922.X-Rays, Tissue Specimens, Examination of Same ...................................................... 1023.Discovery to Defendants ...........:...............................................................................1024.Additional Written Discovery .................................................................................. 11
F. DEPOSITIONS .............................................................................................................1125.Defense Lead Counsel ...............................................................................................1126.Depositions of Plaintiffs and of Plaintiffs? Product Identification Witnesses ..............1127.Plaintift9s De Bene Esse Depositions .........................................................................15
G. MEDICAL EXAMINATION S ......................................................................................1629.Physical Exam inations ...............................................................................................16
H. WITNESS AND EXHIBIT L1STS AND EXPERT REPORTS ..................................... 1730.Identification of Expert and Lay Witnesses -- Reports and Prior Testimony ............... 1731.Fina1 Witness and Exhibits ....... .................................................................................1832.Use of Prior Testimony ............................................................................................. 18
1. PROCEDURE FOR SEEKING DISMISSAL ................................................................1833.Defendant?s Request ................................................................................................. 1834.Plaintif£!s Response ..................................................................................................1935.Action on Refiisal to Consent to Dismissal ................................................................19
J. GROIJPING OF PLAINTIFFS ......................................................................................1936.General .....................................................................................................................1937.Groups 1-13 .............................................................................................................2038.Subsequent Groups ...................................................................................................2039.Exigent Cases ........................................................................................................... 20
K. SAN CTIONS ................................................................................................................ 2040.General ....................................................................................................................: 2041.Plaintiff?s Failure to Comply .....................................................................................21
42.Defendant?s Failure to Comply ..................................................................................21
A. PREAMBLEA ....................................................................................................... PREAMBLEIt is the goal of this Court to secure the just, efficient and economical resolution of
each Asbestos personal injury, Silica, and FELA case now pending or hereafter filed in theCourt of Coinmon Pleas for Cuyahoga County, Ohio, and to facilitate discovery, eliminateduplication of effort, prevent unnecessary paperwork and promotejudicial economy in themanagement of such cases.B. GENERAL PROVISIONSB. GENERAL PROVISIONS
I. Cases to Which This Order Applies. Cases to Which This Order AppliesThis General Personal Injury Case Management Order No. 1(as amended, June
2003) shall govern pre-trial discovery activities in all asbestos personal injury casescurrently pending or to be filed in this Court from the date of this Order until further orderof this Court.
2. The Docket. The Docket'1'he Court has decided to use the LexisNexis File & Serve system in order to
increase the efficiency of the Court. (Section C of this Order).3. The Complaint. The ComplaintIn order to facilitate a manageable docketing system and to insure the proper
payment of filing fees, multiple plaintiff asbestos complaints shall only be accepted by theclerk if the complaint complies with the following guidelines:
a. The caption of the complaint must indicate that it is a?MasterConsolidated Asbestos, Silica or FELA Complaint.'
b. The complaint must have a space for the clerk to indicate a separatecase number and judge next to each primary plaintiff (not including spouse withconsortium claim).
c. All statutory filing fees shall be assessed electronically by the clerkat the time of online review of any filing with a statutory fee. Fees will betransferred upon review and acceptance by the clerk to the court?s bank accountvia Automated Clearing House. (ACH). Firms will no longer send fees to thecourt, but will receive a monthly invoice from LexisNexis File & Serve.
d. A copy of the complaint shall be provided to the clerk for eachdefendant and each primary plaintiff.
e. Only one summons will be issued to each defendant listed on the?Master Consolidated Asbestos, Silica or FELA Complaint? and will apply to allcase numbers listed on that complaint.4. Answer. AnswerDefendants and Third-Party Defendants are no longer to file answers to Plaintiff?s
Complaints or Third-Party Complaints in asbestos litigation in Cuyahoga County, Ohio.Rather, the following procedure will apply:
a. Within 28 days after service of the Complaint, the Defendant orThird-Party Defendant shall enter an appearancewhich shall constitute:
i. a denial of all averments of fact in the Complaint orThird-Party Complaint, and
ii. an allegation of all affirmative defenses.b. If any Defendant or Third-Party Defendant wishes to assert a claim
for indemnification and contribution against any other party, this may also beaccomplished by making a statement in the Notice of Appearance which
specifically identifies the party or parties against whom the claim is asserted.Failure to assert such a claim in the Notice of Appearance does not in any wayprohibit or limit a party?s right to do so at a later time pursuant to the laws of theState of Ohio and the Ohio Rules of Civil Procedure.
c. In the event that a claim for indemnification and contribution isasserted, the party against whom the claim is asserted shall nnt file a responsivepleading. All avennents of fact shall be deemed to be denied and all affirmativedefenses to the claims for indemnification and contribution shall be deemed to havebeen raised.
d. Except for the filing of motions pursuant to Rule 12 and complaintsto join a Third-Party Defendant, there shall be no further pleading after thecomplaint.
C. The entry of appearance shall include Counsel?s F-mail addreee.(Amended Standing Order No. 7)
f. A cover cheet containing the namee of each individual plaintiff and
the corresponding case nnmher in thr Master Complaint must accompany thenotice of appearance. Only one Notice of Appearance is required for each MasterComplaint, but it must have the cover sheet which lists plaintiffs? names and casenumbers.5. Amended Complaints. Amended ComplaintsAny defendant who is named as party in an original complaint need not serve or
file a responsive pleading to any amended complaint. If an amended complaint raisesadditional claims or sets forth new, substantive allegations, a defendant may serve and filea response within the time prescribed by the Ohio Rules of Civil Procedure. If a defendantchooses not to respond to an amended complaint, its previously filed appearance shall bedeemed incorporated as the answer to the amended complaint, and any new matters shallbe deemed denied. Any answers to new matters contained in an amended complaint maybe limited and may incorporate by reference the previous answers of the defendant.
6. Cross-Claiins and Third-Party Claims. Cross-Claiins and Third-PartyClaims
a. Cross-claims and third-party claims for contribution and/orindemnity must be made by service of the pleading upon the party against whomthe claim is asserted. The mere service of a letter advising counsel of the filing suchcross-claims or third-party claims shall not be sufficient.
b. When a cross-claim for contribution and/or indemnity is servedupon a defendant or third-party defendant, said defendant or third-party defendantmay, within twenty-eight (28) days from service upon it, respond thereto, or it mayrefrain from filing a responsive pleading. A failure to respond shall be deemed adenial by that defendant of any and all liability for contribution and/or indemnity.
c. Third-party defendants shall respond to all third-party complaints inthe manner described in Section 4 above.7. Conditions for Default Judgment. Conditions for Default JudgmentPlaintiffs? counsel, prior to seeking a default judgment against a defendant
represented by counsel in any asbestos case, must first notify that counsel and thedefendant, in writing, of his or her intentions and reasons for seeking default judgment.The defendant shall have twenty-one (21) days from the date of receipt of the plaintiff?s
counsel?s letter to answer or otherwise respond to the complaint.8. Leaves to Plead. Leaves to PleadIn order to eliminate the cost and administrative burden involved in docketing and
tracking leaves to plead, the Court hereby suspends the requirement for any counsel to filea request, stipulation, or motion for leave to plead, provided that the response is not morethan thirty (30) days late, and provided further that the opponent has not previouslyrequested a default judgment as outlined in paragraph 4 above.
9. Service of Documents. Service of DocumentsExcept as otherwise herein provided, counsel shall serve all discovery and other
non-filed documents electronically to counsel. Counsel are not required to servedocuments electronically to other counsel when the documents are filed with the Court.All counsel may access filed documents online through the File & Serve system. 10. Dismissals of C
Upon the dismissal by a plaintiff of a defendant who has either asserted across-claim or filed a third-party complaint for contribution and/or indeinnity, suchdefendant shall file a written Notice of Intention to Pursue Its Cross-Claims or Third-Partyclaims within thirty (30) days from the date of dismissal. Such Notice shall identify thosedefendant(s) against whom its cross-claims or third-party claims are asserted. Failure tofile such Notice shall be deemed an automatic dismissal, without prejudice, of any and allcross-claims and third-party claims asserted by that defendant against all other defendants.The dismissal shall be effective on the thirtieth (30th) day following the dismissal of the
defendant by the plaintiff.11. Joinder in Motions. Joinder in MotionsEach defendant shall be deemed to have joined in any other defendant?s motion
where the granting of the motion would benefit it or all defendants generally. Duplicativemotions or motions solely adopting the reasoning of the filing defendant?s motion shall notbe filed. A defendant may, but is not required to, file a supplemental motion setting fortharguments directly related to that defendant?s position. Should the defendant originallyfiling such motion be dismissed from the case(s) in which such motion was filed prior toruling, the motion shall remain viable as to all remaining defendants in the case.
12. Multiple Counsel. Multiple CounselWhere a plaintiff or group of plaintiffs and/or a defendant or group of defendants
have by notice of appearance or by the filing of a responsive pleading listed multiplecounsel, notice to one attorney for a party shall constitute notice to that party. Counselattending any court appearances shall have full authority to speak for all other counsel aparty may have.
13. Notice of Appearance/Pro Hac Vice. Notice of Appearance/Pro Hac ViceUpon the granting of a Motion to Appear Pro Hac Vice, counsel shall file with the
Clerk of Courts, a Notice of Appearance setting forth the attorney?s name, address, phonenumber and party represented.
14. Liaison Counsel. Liaison CounselWithin fourteen (14) days of the filing of this Order, defendants? counsel shall
designate one ?Liaison Counsel? with respect to each plaintiffs law firm, and eachplaintiffs? law firm shall designate one ?Liaison Counsel? with whom the Court maycommunicate orally for the purpose of the prompt dissemination of information to theparties regarding administrative and schcduling matters only. Liaison counsel shallestablish a system for the prompt dissemination of information to all other counsel. The
Court shall electronically serve all orders and other written communications upon allcounsel of record for all parties. Defense liaison counsel are not authorized to, nor shallthey, accept service of pleadings on behalf of parties other than their own respectiveclients, nor shall liaison counsel be required to serve any pleadings or other papers onbehalf of plaintiffs or other parties. Defense liaison counsel are not authorized to speakfor or on behalf of other parties without receiving express written authorization to do so.
15. Attendance at Hearings. Attendance at HearingsNo party shall waive any rights by failing to attend a hearing or a motion unless the
attendance of the party has been ordered by the Court. The designation of an attorney toact as spokesperson for a group of plaintiffs or defendants shall not preclude other counselfrom participating to the extent necessary to represent the individual interests of theirclients, so long as such participation does not involve duplication or unnecessary delay.
16. Cooperation Among counsel Shall Not Constitute a Waiver of Privileges. Cooperation ANo party waives the attorney-client privilege or work-product privilege by virtue
of actions taken in cooperation among parties or their counsel pursuant to this or anyother Order of this Court in these cases, nor by action taken by the party, in pursuit of thejust and efficient resolution of these cases. Because cooperation among'defendants willexpedite the handling of this litigation and aid judicial economy, the defendants? conductin working jointly for the purpose of coordinating discovery or trial efforts, in the sharingof counsel, and for other purposes designed to minimize expenses shall not constituteevidence of conspiracy, concert of action, or any other wrongful conduct, and shall not beadmissible as evidence for any purpose.
B2. ELECTRONIC FILING PROCEDURES
1. DEFINITIONS.The following terms in this Rule shall be defined as follows:
(a) LexisNexis File & Serve ? The service provided LexisNexis and approved bythe Court for filing and service of complaints, petitions, pleadings, briefs, motions,discovery and other documents via the Internet. LexisNexis File & Serve services areavailable at www.lexisnexis.com/fileandserve.
(b) Electronic Filing (•^e-file?) - Electronic transmission of documentsto the Clerk, and from the Clerk or Court, via File & Serve for thepurposes of filing.
(c) Electronic Service (?e-service?) ? Electronic transmission ofdocuments to a party, attorney or representative in a case via File & Serve.Parties who register to use the service may also consent to receive
electronic service of documents, other than service of subpoenas orsummons via File & Serve. E-service shall be deemed complete at thetime indicated as the Authorized Date and Time by File & Serve.
2. ELECTRONIC FILING AND SERVICE OF PLEADINGS ANDOTHER DOCUMENTS.
As of the commencement date of this Rule, all asbestos documents filed in the selectedcases shall be electronically filed. Additionally, counsel shall serve all documentselectronically when service is required among counsel.
3. COMMENCEMENT DATE.The commencement date for the electronic filing and service procedure shall beJuly 7, 2003.
4. ASSIGNMENT OF PERSONAL LOGIN AND PASSWORD.Upon receipt by the LexisNexis of a properly executed e-file SubscriberAgreement at their website, LexisNexis shall assign to the party's designatedrepresentative(s) a confidential login and password (used to file, serve, receive,review, and retrieve electronically filed pleadings, orders, and other documentsfiled in the assigned cases.) No attorney or other user shall knowingly authorize orpermit their useiname or password to be utilized by anyone other than authorizedattorneys or employees of the attorney's law firm, or designated co-counsel.
5. TIME FOR FILING AND EFFECT OF USE OF EFILING.Any pleading filed electronically shall be considered as filed with the Clerk whenthe transmission is completed ("authorized date and time"). Any document e-filedwith the Clerk by 11:59 p.m. ET shall be deemed filed with the Clerk on that date.However, for the purpose of computing time for any other party to respond, anydocument filed on a day or at a time when the Clerk is not open for business shallbe deemed filed on the day and at the time of the next opening of the court forbusiness. In the event of service via facsimile, File & Serve will record the dateand time the fax transmission was completed in the proof of service for thattransaction. LexisNexis is hereby appointed the agent of the Clerk as to theelectronic filing, receipt, service, and/or retrieval of any pleading or documentmaintained electronically. Upon filing and receipt of a document, LexisNexis shallissue a confirmation receipt that the document has been received. The confirmationreceipt shall serve as proof that the docuinent has been filed. A filer will receiveemail notification of documents subsequently rejected by the Clerk, and may berequired to refile the instruments to meet necessary filing requirements.
7. ELECTRONIC FILING OF PLEADINGS AND OTHER DOCUMENTS.(a) Original Petition and Original Answers ? For designated cases types,counsel representing plaintiffs shall file their complaints electronically.(b) Subsequent Pleadings. For asbestos cases, the clerk shall not accept or fileany pleadings or instrument in paper form. Parties must c-file a document either:1. By registering to use the LexisNexis File & Serve service, or;
1. In person, by electronically filing through the Public Access Terminal. Partiesfiling in this manner shall be responsible for fumishing the pleading or instrumenton an IBM formatted 3 1/2" computer disk, CD ROM, or any other diskcompatible with the clerk's office-system to be uploaded in person(c) Multi-case filing: Submit a motion or other documents to participants inmultiple cases with one simple transaction. There is no need to repeat the filing
process in every case. Create custom group lists to manage multi-case servicemore quickly and easily. Case groups can be shared with other firms in thelitigation, or kept private for your firm's eyes only.
8. SYSTEM OR USER FILING ERRORS.If the electronic filing is not filed with the Clerk because of (1) an error in thetransmission of the document to LexisNexis which was unknown to the sendingparty, or (2) a failure to process the electronic filing when received by theLexisNexis, or (3) other technical problems experienced by the filer, the Clerk orCourt may upon satisfactory proof enter an order permitting the document to befiled nunc pro tune to the date it was first attempted to be sent electronically.
9. FORM OF DOCUMENTS ELECTRONICALLY FILED.(a) Format of Electronically Filed Docmnents. All electronically filed pleadingsshall, to the extent practicable, be formatted in accordance with the applicablerules governing formatting of paper pleadings, and in such other and further fonnatas the Clerk may require from time to time.(b) Representations by Using a Typographical Signature. Every pleading,document, and instrument electronically filed shall be deemed to have been signedby the judge, clerk, attorney or declarant and shall bear a facsimile ortypographical signature of such person, along with the typed name, address,telephone number, and Bar number of a signing attoruey. Typographical signaturesshall be treated as personal signatures for all purposes under these Rules.Documents containing signatures of third-parties (i.e., unopposed motions,affidavits, stipulations, etc.) may also be filed electronically by indicating in theoriginal signatures are maintained by the filing party in paper-format.(c) Electronic Title of Pleadings and Other Documents. The document title ofeach electronically filed pleading or other document ("papers"), shall include:i. Party or parties filing the paper,ii. Nature of the paper,iii. Party or parties against whom relief, if any, is sought, andiv. Nature of the relief sought (e.g., Defendant ABC Corporation?s Motion forSummary Judgment")
10. ELECTRONIC SERVICE OF PLEADINGS AND OTHERDOCUMENTS.(a) Electronic and Facsimile Service. All parties or their representatives may
make service upon other parties electronically through File & Serve, except forservice of a subpoena or summons. Parties who register with LexisNexis mayconsent to receive electronic service of documents, other than service ofsubpoenas or summons, via the Efiling system. Paities, or their designatedcounsel, shall receive all documents eFiled and e-served upon them via access toFile & Serve over the Internet or, if a party or party?s designee has not subscribedto the Services, via facsimile transmission.(b) Effect of Electronic Service of Filings. The electronic service of a pleadingor other document shall be considered as valid and effective service on all parties
and shall have the same legal effect as an original paper document.(c) Service on Parties; Time to Respond or Act. e-service shall be deemedcomplete at the time a document has been received by LexisNexis as reflected bythe authorized date and time appearing on the confirmation receipt provided.However, for the purpose of computing time for any other party to respond, anydocument filed on a day or at a time when the Clerk is not open for business shallbe deemed filed at the time of next opening of the Clerk for business.(d) If electronic service on a party does not occur because of (1) inaccessibilityto File & Serve; (2) an error in the File & Serve transmission of notice to the partybeing served, (3) LexisNexis? failure to process the electronic filing for service, or(4) the party was erroneously excluded from the service list, the party to be servedshall, absent extraordinary circumstances, be entitled to an order extending thedate for any response or the period within which any right, duty or other act mustbe performed.(e) In the event of service via facsimile, File & Serve will record the date andtime the fax transmission was completed in the proof of service for thattransaction.
11. ELECTRONIC FILING AND SERVICE OF ORDERS AND OTHERNOTICES.The Clerk and the Court may issue, file, and serve notices, orders, and otherdocuments electronically, subject to the provision of these Rules.
12. SEALED DOCUMENTS.Documents may be filed under seal with the court via the File & Serve system.
13. PUBLIC ACCESS TERMINAL.The Clerk shall also provide a Public Access Terminal located at the Court toallow electronic filing.
14. OBLIGATION OF REGISTERED EFILE USERS TO MAINTAINPROPERDELIVERY INFORMATIONParties or attomeys who register to use File & Serve shall notify LexisNexis within10-days of any change in firm name, delivery address, fax number or email address.
C. CASE MANAGEMENT SCHEDULEC. CASE MANAGEMENTSCHEDULE
17. Case Management Schedule . Case Management ScheduleDiscovery and trial preparation for each plaintiff shall proceed pursuant to the
Case Management Schedule established for the group of plaintiffs in which such plaintiff?scase is grouped. A sample Case Management Schedule is attached hereto as Exhibit A.
D. WRITTEN DISCOVERYD. WRITTEN DISCOVERY
18. Defendants? Master Consolidated Discovery Requests (?CDRs?) toPlaintiffs. Defendants? Master Consolidated Discovery Requests (?CDRs?) toPlaintiffs
When a case is grouped, plaintiff shall within 7 days file on LexisNexis File &Serve and shall electronically serve each defendant with that plaintiff?s answers andresponses to Defendants? Master Consolidated Discovery Requests (CDRs). Attachedhereto and marked Exhibits B and C are sample Defendants? Master ConsolidatedDiscovery Requests for living injured parties and for deceased injured parties, respectively.The Court has been advised that certain counsel for plaintiffs have heretofore provided
CDR responses in formats similar to, but not identical to, Exhibits B and C. Such counselmay continue to provide CDR responses in formats previously used provided that theinformation requested in the Master CDRs is substantially provided.
19. Records of diagnosis. Records of diagnosisWhen a case is grouped, plaintiff within 7 days shall electronically serve on each
defendant objective medical substantiation that plaintiff suffers from mesothelioma,asbestos related cancer or an asbestos related functional impairment as well as all medicalrecords in plaintifl?s possession.
20. Records Authorizations and Tax Returns. Records Authorizations andTax Returns
When a case is grouped, each plaintiff shall within 7 days electronically serve onthe applicable Liaison Counsel with copies to each defendant:
a. Executed forms authorizing the release of the allegedly exposedplaintiff?s Social Security Statement of Earnings showing the names of allemployers and the quarters of years worked for each employer;
b. Executed forms authorizing the release of all medical records, alloriginal x-ray films, CT scans, MRI images, and pathology specimens, and allreports for each of the allegedly exposed plaintiff?s medical service providers;
c. Executed forms authorizing the release of military records,vcterans? affairs records, and employment records for each employer of theallegedly exposed plaintiff;
d. Executed forms authorizing the release of any workers?compensation and/or disability claim records filed by or on behalfofthe allegedlyexposed plaintiff with any federal, state or private organization; and
e. Copies of any or all of plaintiffs? tax returns for the preceding five(5) years if in the possession of Plaintiff; otherwise, authorizations for the releaseof such tax returns.
To the extent these authorizations become outdated or obsolete,defendants may request, and plaintiffs shall promptly provide, updated authorizations onlyif there has been no delay in Defendants? attempts to obtain medical records with the firstset of interrogatories..
21. Identification of Product Identification Witnesses and ProductIdentification. Identification of Product Identification Witnesses and ProductIdentification
When a case is grouped or set for trial, each plaintiff shall within 7 days file usingLexisNexis File & Serve the name and address of witnesses upon whose testimony suchplaintiff intends to rely to establish product identification. Unless good cause be shown by
motion to the Court, such witnesses shall not number more than six (6). No witnessidentified after this date shall be permitted to testify at trial or otherwise absent a showingof good cause.
Counsel for such plaintiff shall identify each other plaintiff on whose behalf suchproduct identification witness is expected to testify.
Contemporaneously with that filing, each plaintiff shall provide the identity of theproducts and manufacturers about which the plaintiff and each product identificationwitness will testify (!Product List/Work History?).
The Plaintift?s Product List/Work History shall have the same force and effect asthe plaintiffs? swortt, signed answers to interrogatories, with the provision that it may beused for impeachment purposes against plaintiff. Each Product List/Work History shallinclude:
a. The specific product natne and manufacturers of products presentat each job site. Should a defendant not be implicated in any of the ProductList/Work Histories filed in a particular case, then plaintiffs shall set forth thespecific information upon which plaintiff bases the naming of that particulardefendant, including but not limited to the identity of written documentssupporting product identification;
b. Name of employers;C. Specific location ofjob site where plaintiff or product identification
witness worked and where said products were seen or observed, including thename and address of the job site;
d. The dates the plaintiff or product identification witness worked atsaid job site; and,
C. The identity of any written documents supporting productidentification.
22. X-Rays, Tissue Specimens, Examination of Same. X-Rays, TissueSpecimens, Examination of Same
When a case is grouped, Plaintift?s counsel shall within 7 days notify each defensecounsel of any original radiology or pathology materials, including, but not limited to,slides, tissue blocks or wet tissue currently in plaintiff?s counsel?s possession, or which hasbeen requested by the plaintift?s counsel. The notice shall include the name and address ofthe provider of such x-rays or pathology.
23. Discovery to Defendants. Discovery to DefendantsWithin thirty (30) days of receipt of the information described in paragraphs 18-22,
each defendant shall admit or deny that its product was at the plaintifl?s worksite. Ifdefendant denies the presence of its product, then plaintiffs? counsel may but are notrequired to serve upon defendants? counsel master discovery requests, includinginterrogatories and/or requests for production of documents and/or requests foradmissions; upon defendants? responses thereto shall be governed by the datesestablished under the applicable Case Management Schedule.
24. Additional Written Discovery . Additional Written DiscoveryAdditional interrogatories and requests for production of documents may be
electronically served by any party only upon leave of court. Unless otherwise agreed to inwriting among or between the parties, service of and responses to request for admissionsshall be governed by the applicable Ohio Rules of Civil Procedure. The parties are
strongly cautioned against the filing of repetitive discovery.
F. DEPOSITIONSF. DEPOSITIONS25. Defense Lead Counsel. Defense Lead CounselDefendants shall select one Lead Counsel for each group of cases to coordinate
with counsel for plaintiffs the scheduling of depositions of the plaintiffs and the plaintiffs?product identification witnesses in that group.
26. Depositions of Plaintiffs and of Plaintiffs? Product Identification WitnessesDepositions of Plaintiffs and of Plaintiffs? Product Identification Witnesses
a. GeneralCounsel for the plaintiffs in each group of cases shall coordinate the
scheduling of such depositions with Lead Counsel for the defendants for suchgroup.
b. Logistics of Depositions(i) Plaintiffs? depositions shall be taken in Cuyahoga County,
Ohio, or in any other location upon which the parties may agree.(ii) Product identification witnesses? depositions shall be taken
in any location upon which the parties agree.(iii) No more than two (2) plaintiffs? depositions shall be
scheduled to take place on any one day.(iv) All depositions shall be scheduled with at least ten (10) days
notice unless such notice period is otherwise waived by all parties.Defendants shall take the lead in the discovery depositions of plaintiffs andco-workers.
(v) For each such deposition the defendants shall identify oneattorney to act as a lead counsel for the purpose of asking generalquestions. All defendants shall have the opportunity to examine eachdeponent. Every effort shall be made to avoid: (1) questions designedmerely to elicit a recitation of information already contained in the relevantdiscovery responses provided by the plaintiff; and (2) the repetition ofquestions already asked of the deponent.
(vi) If a defendant conducts a deposition of a plaintiff or ProductIdentification Witness and during said deposition additional exposures orjob sites are developed by a defendant, plaintiff may amend the ProductList/Work History to ad the additional exposures or job sites developed.
If a defendant is not present at the deposition of the plaintiff orProduct Identification Witness because the Product List/Work History didnot include notice that said plaintiff or Product Identification Witnesswould identify said defendant?s products or liability at defendant?s job site,then any information developed during the deposition regarding saiddefendant cannot be used against said defendant.
A defendant not implicated on the product identification list for thatwitness need not attend the deposition of that witness, but shall laterdepose that witness should that defendant be implicated at the initialdeposition. If such defendant declines to re-depose the witness, then theevidence adduced at the first deposition will be admissible.
(vii) Whenever a defendant attends the deposition of a plaintiffor Product Identification Witness, because said Product List/Work Historyindicated that witness would testify that plaintiff was exposed to thatdefendant?s asbestos-containing product(s) or worked at a premisesliability defendant?s job site, and said witness during the course of thedeposition is asked if he/she can identify that defendant?s product(s) orjobsite, and exposure to plaintiff, as identified in his/her Product List/WorkHistory, and said witness states under oath that he/she cannot identify saiddefendant?s product(s) orjob site as specified in his/her Product List/WorkHistory and a time when plaintiff reasonably may have been exposed to thatproduct or job site, said defendant may file a motion requesting costs forthe time incurred in the preparation, travel to, and attendance at saiddeposition. Unless plaintiff is able to demonstrate to the court that areasonable basis existed at the time of the filing of the Product List/WorkHistory upon which to believe said witness would identify said defendant?sproduct(s) or job site and exposure to plaintiff, the court may assess costsin an amount which the court deems to be reasonable and just under thecircumstances.
(viii) With each deposition schedule, counsel for plaintiffs shalllist all cases in the group in which each deponent is then expected to testifyon the issue of product identification. Defendants may conduct a thoroughdeposition of each product identification witness. Duplicate depositions ofproduct identification witnesses will not be permitted, except for goodcause shown. Defendants subsequently named in a case in which a plaintiffor product identification witness has already been deposed shall have theright to redepose those witnesses with regard to that defendant?s products.A product identification witness who has been deposed may be redeposedif that witness is subsequently identified as a witness for another plaintiffnot identified prior to the initial deposition.
(ix) It is contemplated that depositions of plaintiffs and ofproduct identification witnesses will be completed in four hours, and everyeffort shall be made by all parties to conclude each such deposition in thattime frame. Under exceptional circumstances, depositions may bescheduled for longer durations. If, upon receipt of the deposition schedule,it becomes apparent to defendants that the time allocated for a deposition isinsufficient, Lead Counsel for defendants on such deposition shall, at leastfive (5) days before the scheduled date of the deposition, arrange foradditional time to be allocated for such deposition, and shall so notify allparties.
(x) At the commencement of each deposition of a plaintiff or aplaintiff?s product identification witness, the deponent will be furnishedwith a list of all the defendants represented by counsel at the deposition.Defense counsel will not be required to identify his/her client beforecross-examining the deponent. Plaintiff?s counsel will be allowed to askdirect questions of the deponent after the defendants have completed theircross-examination. Plaintiff!s counsel will not lead the witness nor include
the name of a specific product or company in his/her direct examination ofthe deponent. Plaintiff?s counsel will be allowed to refresh the recollectionof the witness by presenting a list of products or companies so long as thelist was written or dictated by the deponent ? not counsel. The deponentwill also be allowed to view the photo album compiled by Owens-Corning(or any other collection of photographs depicting products or labels), butthere will be no conference between the witness and plaintiff?s counselduring or after the photo review. At the conclusion of the directexamination, counsel for any defendant affected by the direct will bepermitted to re-cross the deponent. Neither the direct nor the re-crossexaminations shall be longer than fifteen ( 15) minutes except with theagreement of all parties represented at the deposition or with the approvalof the court.
27. Plaintiff?s De Bene Esse Depositions. Plaintift?s De Bene Esse DepositionsIf a discovery deposition of a plaintiff has not already been taken, the
defendants shall be permitted to conduct such a deposition at lease seven (7) daysprior to the scheduled de bene esse deposition. Except as otherwise ordered bythe Court, or by stipulation of the parties, a de bene esse deposition shall not betaken unless each of the following conditions has been met at lease fourteen (14)days prior to the date of the discovery deposition:
a. Plaintift?s counsel shall have provided written notice of the takingof the deposition, together with a statement as to the reason for the taking of thedeposition;
b. Plaintift?s counsel shall have served and filed verified answers to theMaster CDRs, together with all requested documents;
c. Plaintiff?s counsel shall have provided to defendants:(1) authorizations for the release of medical, Social Security, and
workers? compensation records, and (2) copies of all discoverable medicalrecords, reports (including reports of experts), and any pathology andradiology materials in the possession of plaintiff?s counsel;d. Plaintiff!s counsel shall have provided to each defendant all
employment records of plaintiff, including, but not liinited to, handwritten notes,diaries and pay stubs.28. Cancellation of Previously Scheduled DepositionsIn the event of the cancellation of the deposition of any party, counsel representing
the party shall notify each other counsel of the cancellation by File & Serve, by telephone,or by telecopy, during normal business hours, no less than twenty-four (24) hours prior tothe scheduled deposition. In the event the deposition is canceled with less thantwenty-four (24) hours? notice without good cause, the party canceling the depositionmay, upon motion, be ordered to pay the reasonable fees and expenses incurred byopposing counsel as a result of such late or inadequate notice of cancellation, including,but not liinited to, court reporter fees, deposition location fees, reasonable attorney fees,travel costs and expenses.G. MEDICAL EXAMINATIONSG. MEDICAL EXAMINATIONS
29. Physical Examinations. Physical ExaminationsThe defendants, collectively, may require each plaintiff to undergo one medical
examination relating to plaintiff?s claim for injuries. The examination may include, but isnot limited to: x-rays, CT scans, MRIs, pulmonary function studies, and blood tests,including arterial blood gases, but only if an expert retained by the plaintiff has done bloodgas analysis. No surgical or invasive procedures, such as tissue removal, shall bepermitted under any circumstances. More than one physical examination of each plaintiffmay be permitted, but only for good cause shown, and then only by order of the Court.The provisions of Rule 35(B) of the Ohio Rules of Civil Procedure shall apply to suchexaminations. All expenses for the defense medical examination and procedures shall bepaid by the requesting defendants. If the examination is conducted outside the Clevelandmetropolitan area, defendants shall reimburse the plaintiff for reasonable costs of travel,lodging and food associated with the examination. Reasonable attempts shall be made toaccommodate the plaintiff!s work schedule. The provisions of Ohio Revised CodeSection 2317.02 shall apply with respect to the waiver of the patient-physician privilege.H. WITNESS AND EXHIBIT LISTS AND EXPERT REPORTSI-I. WITNESSAND EXHIBIT LISTS AND EXPERT REPORTS
30. Identification of Expert and Lay Witnesses -- Reports and Prior Testimony.Identification oOn or before the dates established in the applicable Case Management Schedule,
the plaintiff and the defendants must list all exhibits expected to be used at trial; identify allexpert and lay witnesses expected to be called at trial; provide reports of each medicalexpert witness who examined the plaintiff or the plaintiffs x-ray material or pathology, orwho reviewed the plaintiff?s records and is expected to testify regarding the plaintiff?sdiagnosis (?Consulting Medical Witness?); and provide reports or prior testimony of allother expert witnesses. No expert witness will be permitted to testify whose report orprior testimony was not served within the time prescribed by the applicable CaseManagement Schedule except as provided by Local Rule 21.1. No lay witness will bepermitted to testify who was not identified within the time prescribed by the applicableCase Management Schedule.
31. Final Witness and Exhibits. Final Witness and ExhibitsEach party shall file and serve a Final Witness List and a Final Exhibit List on the
day prescribed in the applicable Case Management Schedule. The final Witness List shallcontain the names of the expert and lay witnesses whom the parties actually intend to callto testify at trial, whether that testimony be live, by videotape, or by written deposition.The final Exhibit List shall include those exhibits actually intended to be used at trial. Thefinal Witness List and the Final Exhibit List may not include witnesses or exhibits notpreviously identified pursuant to the terms of the Case Management Schedule. Thepurpose of the Final Witness and Exhibit Lists is to reduce the number of witnesses andexhibits to those which will actually be needed for trial.
32. Use of Prior Testimony. Use of Prior TestimonyIf any party intends to use the prior testimony of a witness, such testimony must be
identified by case name, case number, court, date, and page(s) and line(s) of transcript. Acopy of all such testimony, whether by deposition or trial transcript, must be furnishedupon request to any party by the date indicated in the applicable Case ManagementSchedule.1. PROCEDURE FOR SEEKING DISMISSALi. PROCEDURE FORSEEKING DISMISSAL
33. Defendant?s Request. Defendant?s Request
On or before the date established in the applicable Case Management Schedule,any defendant may request any counsel for the plaintiff, in writing, by certified mail, toagree to a consent order dismissing that defendant, without prejudice, and otherwise thanupon the merits. The letter shall contain the specific reasons for seeking dismissal, andmay include one or more cases in a particular group of cases.
34. Plaintift7s Response. Plaintift?s ResponseWithin thirty (30) days of receiving such a dismissal letter, the plaintiff?s counsel
must respond, in writing, by certified mail. Such response letter shall either agree to thedefendant?s dismissal request, or must set forth the specific reasons for the refusal of thedefendant?s request for dismissal.
35. Action on Refusal to Consent to Dismissal. Action on Refusal to Consentto Dismissal
Upon the failure of a plaintiff!s counsel to respond in writing to a defendant?sletter as set forth above, defendant may petition the Court for an order of dismissalwithout prejudice and otherwise than upon the merits. Refusal by a plaintiff to dismisswithout prejudice and otherwise than upon the merits does not preclude a defendant fromfiling a motion for summary judgment.J. GROUPING OF PLAINTIFFSJ. GROUPING OF PLAINTIFFS
36. General. GeneralAll asbestos personal injury cases currently pending or hereafter filed in Cuyahoga
County shall be grouped for discovery and trial preparation purposes only, in thefollowing manner:
a. In groups of not to exceed fifty (50) plaintiffs, preferably withcommon worksite(s);
b. Grouped according to the identity of plaintiff!s counsel (e,g,:Michael Kelley, Robert E. Sweeney, etc.), preferably with commonality ofworksite;
c. Except as provided below for exigent cases, grouped in casenumber order within the group;
d. Groups will rotate among plaintiffs? counsel. Unless consolidationis ordered, each plaintift?s case will be tried individually. The status of a particulargroup of plaintiffs shall not affect the remaining groups and shall not accelerate ordelay subsequent schedules.
37. Subsequent Groups. Subsequent Groups
Subsequent groups will rotate monthly among plaintiffs? counsel. Liaison counselfor the parties shall propose to the Court the groupings and Case Management Schedulesfor twelve new groups every six months commencing on June 30, 2002 and December 31,2002 and continuing each six months thereafter until all cases are grouped and scheduled.
38. Exigent Cases. Exigent CasesIn the formulation of all subsequent groups, plaintiffs? counsel may identify no
more than three (3) plaintiffs per group who may be moved up out of case number order.
K. SANCTIONSK. SANCTIONS39. General. GeneralThe concept of grouping plaintiffs? claims for pre-trial case management will
succeed only if all counsel commit themselves to meeting the deadlines set forth in theindividual Case Management Schedules. Failures to comply with these deadlines shallresult in the sanctions set forth below.
40. Plaintiff!s Failure to Comply. Plaintiff!s Failure to ComplyIf a plaintiff fails to meet a deadline established in the applicable Case Management
Schedule; fails to provide answers to defendants? authorized supplemental discoveryrequests; fails to provide the witness lists; fails to provide the required report orrepresentative testimony of an expert; fails to provide statements of the testimony of laywitnesses; absent a showing of good cause fails to appear to for deposition or for amedical examination at the time schedules; or fails to provide exhibit lists, a Notice ofFailure to Comply shall be served upon plaintift?s counsel by any defendant affected bysuch failure. Service of such notice shall be made upon all counsel of record. A plaintiffshall have ten (10) working days after service of the Notice of Failure to Comply withinwhich to cure the identified failure. Should the plaintiff fail to cure the failure, uponmotion that plaintiffls case (including the claim of his or her spouse) may be removed fromits presently assigned group. Any case so removed shall be assigned to the next group ofcases to be created for counsel for such plaintiff.
42. Defendant?s Failure to Comply. Defendant?s Failure to ComplyShould any defendant fail to meet the deadlines set forth in any Case Management
Schedule, the plaintiffs? counsel shall serve a Notice of Failure to Comply upon suchdefendant. Such defendant shall have ten (10) working days from receipt of thenotification within which to comply. If the defendant fails to cure the failure, uponmotion, the Court may compel compliance. If the Court finds that the defendant hasthereafter failed to comply as ordered, the Court may entertain the application of the fullrange of sanctions permitted under Rule 37(B) of the Ohio Rules of Civil Procedure.IT IS SO ORDERED.
JUDGE HARRY A. HANNAJUDGE LEO M. SPELLACY
E-filed on July 11, 2003
EXHIBIT A
SAMPLE
CASE MANAGEMENT SCHEDULE
(Parenthetical references are to paragraphs of the General
Personal Injury Asbestos Case Management Order No. 1)
PLAINTIFF CASE NUMBER
PLAINTIFF
DATE BY WHICH
ACTIVITY IS TO BE
COMPLETED
Starting Date
/200 )
DEFENDANT
[Day 15] Certified mail
request for
dismissal without
prejudice. (1.32)
Response to Certified Mail [Day 30
Request for dismissal without
prejudice.
Depositions of employers may [Day 35] Depositions of
commence. employers may
commence.
Depositions of Defendants [Day 50-Day 100] Depositions of
[Day 115]
File and serve opposition to [Day 130]
motions for summary judgment
or consents for dismissal.
[Day 137]
[Day 195]
Plaintiff and
product identifi-
cation witnesses.
Motions for summary
judgment to be
filed and served.
Defendants' reply
to Plaintiff's
opposition to
motion for summary
judgment.
Pretrial: rulings on
dispositive motions;
establishment of
final pretrial pro-
cedures; settlement
negotiations.
[Day 150] Medical exam of
Plaintiff may
commence. (G.27)
Identify expert and lay [Day 180]
witnesses. Provide
reports of consulting
medical experts and
reports, or representative
prior testimony, of all
other experts. Provide
statement of testimony for
each lay witness. Provide
expected exhibit list.
Exchange final witness and
Exhibit lists (H.30)
Identify prior testimony of
witness intended to be used
at trial.
[Day 270] Identify expert and
lay witnesses. Pro-
vide reports of
Consulting Medical
Experts and
reports, or repre-
sentative prior
testimony, of all
other experts.
Provide statement
of testimony for
each lay witness.
Provide expected
exhibit list.
[Day 300] Exchange final wit-
ness and Exhibit
lists (H.30)
Identify prior any
testimony of any
witness intended
to be used at
trial.
[Day 310]
Pretrial to rule on
all outstanding mo-
tions; final settle-
ment conference.
Serve written designations
of page and line numbers of
prior testimony to be used
[Day 315] Serve written des-
signations of page
and line numbers
at trial. Serve trial brief. of prior testimony
to be used at
trial. Serve at
Trial.
Serve written Counterdesig- [Day 320] Serve written
nation of page and line Counterdesignation
numbers of prior testimony of page and line
to be used at trial. numbers of prior
testimony to be
used at trial.
[Day 330]
Trial of each Plain-
tiff's case in order
of case number.
EXHIBIT B
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
Plaintiff(s),
V.
Defendants
CASE NO.
JUDGE HARRY A. HANNA
JUDGE LEO M. SPELLACY
DEFENDANTS' MASTER
CONSOLIDATED DISCOVERY
REQUESTS TO PLAINTIFFS
Pursuant to Rules 33, 34 and 36 of the Ohio Rules of Civil
Procedure, defendants propound the following Master Consolidated
Discovery Requests including Interrogatories, and Requests for
Production of Documents to each plaintiff. The interrogatories
are to be answered under oath by each plaintiff listed above; and
the documents requested are to be produced or objections thereto
served on all defendants' attorneys within ninety (90) days of
service hereof.
These Consolidated Discovery Requests are continuing in
nature and require each plaintiff to file supplemental answers
in accordance with Rule 26(e) of the Ohio Rules if further or
different information is obtained after the initial answers and
before trial, including in such supplemental answers the date
upon and manner in which such further or different information
came to each plaintiff's attention.
EXPLANATION AND DEFINITIONS
This document includes both interrogatories and a request
for production of documents. The documents to be produced are
in each instance identified by responses to the interrogatories
contained herein.
As used in these interrogatories and document requests, the
terms listed below are defined as follows:
(A) "You", "your", "yourself", "plaintiff" or "plaintiffs"
means each plaintiff, each individual allegedly exposed to
asbestos, and all other persons acting or purporting to act on
each plaintiff's behalf.
(B) "Defendants", unless otherwise specified, means any
defendant named as a party to this action, as well as any
predecessors in interest to any named defendants, and all other
subsidiaries or divisions of any named defendants.
(C) "Document" or "documents" means any writing of any
kind, including originals and all non-identical copies (whether
different from the originals by reason of any notation made on
such copies or otherwise), including without limitation
correspondence, memoranda, notes, desk calendars, diaries,
statistics, letters, telegrams, minutes, contracts, reports,
studies, checks, invoices, statements, receipts, returns
warranties, guarantees, summaries, pamphlets, books,
prospectuses, inter-office and intra-office communications,
offers, notations of any sort of conversations, telephone calls,
meetings or other communications, bulletins, magazines,
publications, printer matter, photographs, computer printouts,
teletypes, telefax, invoices, worksheets and all drafts,
alterations, modifications, changes and amendments of any of the
foregoing tapes, tape recordings, transcripts, graphic or aural
records or representations of any kind, and electronic,
mechanical or electric records or representations of any kind,
of which each plaintiff has knowledge or which are now or were
formerly in each plaintiff's actual or constructive possession,
custody or control.
(D) "Possession, custody or control" includes the joint or
several possession, custody or control not only by the person to
whom these interrogatories and requests are addressed, but also
the joint or several possession, custody or control by each or
any other person acting or purporting to act on behalf of the
person, whether as employee, attorney, accountant, agent,
sponsor, spokesman, or otherwise.
2
(E) "Relates to" means supports, evidences, describes,
mentions, refers to, contradicts or comprises.
(F) "Person" means any natural person, firm, corporation,
partnership, proprietorship, joint venture, organization, group
of natural persons, or other association separately identifiable,
whether or not such association has a separate juristic existence
in its own right.
(G) "Identify", "identity" and "identification", when used
to refer to an entity other than a natural person, means to
state its full name, the present or last known address of its
principal office or place of doing business, and the type of
entity (e.g., corporation, partnership, unincorporated
association).
(H) "Identify", identity" and identification", when used
to refer to a natural person, means to state the following:
(1) the person's full name and present or last known
home address, home telephone number, business address and
business telephone number;
(2) The person's present title and employer or other
business affiliation;
(3) the person's home address, home telephone number,
business address and business telephone number at the time of the
actions at which each interrogatory is directed: and
(4) his employer and title at the time of the actions
at which each interrogatory is directed.
(I) "Identify", "identity" and "identification", when used
to refer to a document, mean to state the following:
(1) the subject of the document;
(2) the title of the document;
3
(3) the type of document (e.g., letter, memorandum,
telegraph, chart);
(4) the date of the document, or if the specific date
thereof is unknown, the month and year or other best
approximation of such date;
(5) the identity of the person or persons who wrote,
contributed to, prepared or originated such document; and
(6) the present or last known location and custodian
of the document.
(J) "His" means his and/or her and "he" means he and/or
she.
INSTRUCTIONS
(A) With Respect to each interrogatory, in addition to
supplying the information asked for and identifying the specific
documents referred to, identify all documents which were referred
to in preparing your answers thereto.
(S) If any document identified in an answer to an
interrogatory was, but is no longer in your possession or subject
to your custody or control, or was known to you, but is no longer
in existence, state what disposition was made of it or what
became of it.
(C) If any document is withheld from production hereunder
on the basis of a claim of privilege or otherwise, identify each
such document and the grounds upon which its production is being
withheld.
(D) Attached to these interrogatories and request for
production of documents is a medical authorization to obtain the
plaintiff's medical records. This medical authorization should
be signed by the plaintiff and returned with the Answers to
Interrogatories.
INTERROGATORIES
1. Please state the following:
a) Your Full name:
ANSWER:
4
b) All of the names by whom you have been know, including
nicknames, maiden names or aliases:
ANSWER:
c) Your present address and the date you first resided at
that address:
ANSWER:
d) The addresses at which you have resided for five (5)
years prior to this date:
ANSWER:
e) Your Social Securitynumber:
ANSWER:
£) Your date of birth:
ANSWER:
5
1. Are you employed?
ANSWER:
a) If your answer is in the affirmative, please state your
current occupation, place of employment, and the date
you first became so employed;
ANSWER:
b) If your answer is in the negative, please state your
last occupation, your last place of employment, the
date you last worked and your reason(s) for not workingsince that time:
ANSWER:
3. State the following with respect to your parents:
a) The names of your mother and father:
ANSWER:
b) Their dates of birth:
ANSWER:
6
c) Their current health conditions:
ANSWER:
d) If deceased, their date of death:
ANSWER:
e) If deceased, their cause of death:
ANSWER:
4. Do you have any brothers and/or sisters?
ANSWER:
If your answer is in the affirmative, please state the
following for each such brother and/or sister:
a) The names and addresses of each such brother and/or
sister:
ANSWER:
7
b) The age of each such brother and/or sister:
ANSWER:
e) The current health condition of each such brother
and/or sister:
ANSWER:
d) If deceased, the age at death for each deceased brother
and/or sister:
ANSWER:
e) If deceased, the cause of death for each deceased
brother and/or sister:
ANSWER:
5. Has any member of your family ever filed a suit for an
asbestos-related disease?
ANSWER:
8
If your answer is in the affirmative, please state the following:
a) Identify the name of the family member:
ANSWER:
b) Their relationship(s) to you:
ANSWER:
c) The case name(s), court(s) and case number(s) of the
lawsuit(s):
ANSWER:
6. If you are currently married, state the following:
a) The date of marriage:
ANSWER:
b) Your spouse's name:
ANSWER:
9
c) Your spouse's date of birth:
ANSWER:
d) Your spouse's Social Security number:
ANSWER:
e) Your spouse's occupation:
ANSWER:
f) The name and address of your spouse's employer:
ANSWER:
10
h) The amount of our spouse's average gross monthly
salary:
ANSWER:
i) Whether your spouse was financially dependent upon you
at the commencement of this action.
ANSWER:
j) Whether your and your spouse were ever voluntarily or
legally separated?
ANSWER:
k) If applicable, state the circumstances, inclusive dates
and length of time of any such legal or voluntary
separation.
ANSWER:
7. Have you ever had any previous marriages?
ANSWER:
11
If the answer is in the affirmative, please state the
following:
a) The name(s) of any former spouse(s):
ANSWER:
b) The address(es) of any former spouse(s):
ANSWER:
d) If terminated by court order, the court(s), city or
cities, and the circumstances under which the marriage
or marriages were dissolved or terminated:
ANSWER:
8. Do you have any children?
ANSWER:
12
If the answer is in the affirmative, please state the
following for each child:
a) The name of each such child:
ANSWER:
b) The address of each such child:
ANSWER:
c) The age of each such child:
ANSWER:
d) The occupation of each such child:
ANSWER:
e) The current health condition, including specific
medical problems, of each such child:
ANSWER:
13
f) Whether any such child is financially dependent upon
you. If so, state the name of such dependent child.
ANSWER:
g) If any child is deceased, state his or her date of
death, cause of death, and age at death:
ANSWER:
9. Is anyone who is not listed in the preceding interrogatory
financially dependent upon you?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) The name of each such dependent:
ANSWER:
b) The date of birth of each such dependent:
ANSWER:
14
c) The relationship of each such dependent to you:
ANSWER:
d) Whether you have legal custody of each such dependent:
ANSWER:
e) If custody was awarded to you by court decree, state
the date such custody was obtained for each such
dependent:
ANSWER:
If the answer is in the affirmative, please state the
following:
a) The date graduated and the name of the school:
ANSWER:
15
11. Have you ever enrolled in or attended any colleges,
vocational schools,m union sponsored training, or
correspondence courses?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) The name(s) and address(es) of each such institution:
ANSWER:
b) The date(s) attended:
ANSWER:
c) Courses of study:
ANSWER:
d) Degree(s) or certification received, if any, for each
such enrollment or attendance:
ANSWER:
16
12. Have you ever been a member of the Armed Forces?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) The branch of service:
ANSWER:
b) Serial number:
ANSWER:
c) Veteran's Administration Number (if applicable):
ANSWER:
d) The dates of service ending with the date of last
discharge:
ANSWER:
17
e) The highest rank or grade held:
ANSWER:
f) The type of discharge:
ANSWER:
g) The type of technical education or training received
and the length of such training:
ANSWER:
i) Whether you were ever exposed to asbestos, or asbestos-
containing products during your military service.
ANSWER:
18
J) If answer is affirmative, please describe in detail the
manner in which you were exposed, the type of duties
being performed, and the product to which you were
exposed.
ANSWER:
13. Have you ever been convicted of a crime other than a traffic
offense?
ANSWER:
If the answer is in the affirmative, please state fully in
detail the following:
a) The date(s), place(s), court(s) and nature(s)
conviction:
ANSWER:
14. Have you filed a suit for damages for any injuries?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) Names and addresses of all the plaintiffs, defendants
and their attorneys for each such action:
ANSWER:
19
b) The case number, court, place and date of filing for
each such action:
ANSWER:
c) The nature and extent of injuries claimed for each such
action:
ANSWER:
d) The present status of each suit, and if concluded, the
final result, including the amount of any settlements
or judgments for each such action:
ANSWER:
15. Have you ever filed a Workers' Compensation Claim?
ANSWER:
If your answer is in the affirmative, please state the
following:
20
a) The claim number for each and every claim:
ANSWER:
b) The employer under which each and every claim was
filed:
ANSWER:
c) State the allowed conditions for each and every claim:
ANSWER:
d) State the amount of any compensation received for each
and every claim:
ANSWER:
e) The present status of each and every claim:
ANSWER:
21
16. Have you ever used cigarettes, cigars, or pipe or other
tobacco products of any kind?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) The dates and time periods during which each type of
tobacco product was smoked or used:
ANSWER:
b) The types of tobacco products you smoked or used and
as to each such product whether the smoke was inhaled
or was not inhaled:
ANSWER:
c) The daily frequency with which tobacco products were
smoked or used (i.e., 2 packs of cigarettes daily, 3
cigars daily, 2 pipefuls daily, etc.):
ANSWER:
d) For any time period during which use of tobacco
products stopped, state the dates during which your use
ceased and the reasons why the use stopped:
ANSWER:
22
e) For any time period when the use of tobacco products
began after a period of having stopped, state the
reasons for restarting:
ANSWER:
f) If you ever smoked cigarettes, please state the average
number of packs per day and brand so consumed in each
of the following periods from 1930 to the present time:
ANSWER
1. 1930 to 1935 Brand(s)2. 1936 to 1939 Brand(s)
3. 1940 to 1945 Brand(s)
4. 1946 to 1949 Brand(s)
5. 1950 to 1955 Brand(s)
6. 1956 to 1959 Brand(s)
7. 1960 to 1965 Brand(s)
8. 1966 to 1969 Brand(s)
9. 1970 to 1975 Brand(s)
10. 1976 to 1979 Brand(s)
11. 1980 to 1985 Brand(s)
12. 1986 to pres. Brand(s)
g) If advice was ever given to you by any physician to
stop smoking or using tobacco products, identify each
physician who gave such advice, the dates on which the
advice was given and also state whether the advice was
followed:
ANSWER:
23
h) Are you award of the United States Surgeon General's
warning placed on all cigarette packages and
advertisements:
ANSWER:
If the answer to subpart (h) is in affirmative, please
indicate the date on which you first became aware of
such warning:
ANSWER:
j) Did you stop smoking at the time you became aware of
such warning?
ANSWER:
17. Has any diagnosis and/or prognosis of your medical condition
been made as a result of any illness or conditions allegedly
sustained as a result of any exposure to asbestos or
asbestos-containing products?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) Each and every diagnosis which has been made:
ANSWER:
24
b) The date(s) of any such diagnosis:
ANSWER:
c) Identify each person making any such diagnosis:
ANSWER:
d) The prognosis made for each and every diagnosis:
ANSWER:
a) Identify each person making any such prognosis:
ANSWER:
f) The date of last prognosis regarding any diagnosis:
ANSWER:
25
f) The date the condition or conditions diagnosed first
manifested symptoms;
ANSWER:
18. For each and every symptom, indication, malaise, or
affliction which you contend to be directly or indirectly
related to any asbestos-related disease, disability or
physical condition, please state the following:
a) The nature and description of such symptom:
ANSWER:
b) The date, time, place and manner in which such symptom
first manifested itself or was made known to you,
including all pertinent information as to the source
of such knowledge:
ANSWER:
c) Whether you contend such symptom is related in any
fashion to your exposure to asbestos, and the nature
and extent of such relationship:
ANSWER:
d) All facts and opinions on which you rely in alleging
that the symptoms identified are related to exposure
to asbestos:
ANSWER:
26
19. Has any diagnosis and/or prognosis of your medical condition
been made as a result of any illness or conditions allegedly
sustained as a result of any exposure to silica or silica-
containing products?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) Each and every diagnosis which has been made:
ANSWER:
b) The date(s) of any such diagnosis:
ANSWER:
c) Identify each person making any such diagnosis:
ANSWER:
27
d) The prognosis made for each and every diagnosis:
ANSWER:
e) Identify each person making any such prognosis:
ANSWER:
f) The date of last prognosis regarding any diagnosis:
ANSWER:
g) The date the condition or conditions diagnosed first
manifested symptoms:
ANSWER:
28
b) The date, time, place and manner in which such symptom
first manifested itself or was made known to you,
including all pertinent information as to the source
of such knowledge:
ANSWER:
c) Whether you contend such symptom is related in any
fashion to your exposure to silica, and the nature and
extent of such relationship:
ANSWER:
d) All facts and opinions on which you rely in alleging
that the symptoms identified are related to exposure
to silica.
ANSWER:
21. Have you ever been hospitalized, operated upon, or confined
to an institution, including nursing homes or extended care
facilities?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) Names and addresses of all hospitals or institutions
involved:
ANSWER:
29
b) The beginning and ending dates of each period of
hospitalization or institutionalization;
ANSWER:
c) The nature of the illness, injury or complaint for
which you were admitted;
ANSWER:
d) The names and addresses and relationship to you of all
persons who treated or examined you:
ANSWER:
22. With respect to each physician, not listed in the preceding
interrogatory, who examined or treated you during your
lifetime to date, state the following:
a) Identify each physician and his address;
ANSWER:
b) List the complaint you had that caused you to see each
particular physician;
ANSWER:
30
c) The type of examination, the diagnosis and type of
treatment that each doctor gave you;
ANSWER:
d) The date or dates on which you were examined, diagnosed
and treated by each particular physician:
ANSWER:
23. Have you ever had x-rays taken of your chest other than at
any of the institutions listed previously, including x-rays
performed by the Armed Forces, employers or unions?
ANSWER:
If the answer is in the affirmative, please state the
following for each set of x-rays taken:
a) Name and address of the office or hospital where each
set of x-rays was taken:
ANSWER:
31
b) The reason(s) why such x-rays were taken;
ANSWER:
c) Whether anything was reported to you, and the nature
of any such report(s), as being the ex-ray diagnosis;
ANSWER:
d) Who paid to have the x-rays taken;
ANSWER:
e) The names and addresses of any physicians, hospitals,
clinics, or other persons to whom copies of x-ray
reports were sent:
ANSWER:
24. Have you ever had a pulmonary function test ("PFT") or
breathing test?
ANSWER:
32
If the answer is in the affirmative, please state for each
such test:
a) Name and address of the office or hospital where each
such PFT or breathing test was taken:
ANSWER:
b) The reason(s) why such PFT or breathing test was taken;
ANSWER:
c) Whether anything was reported to you, and the nature
of any such report(s), as being the PFT or breathing
test diagnosis:
ANSWER:
25. Have you ever had any of the following conditions? Please
place an "X" next to the appropriate answer and state the
date of diagnosis for each such condition:
a) bronchitis
b) emphysema
c) asthma
d) tuberculosise) Chronic Obstructive
Pulmonary Disease
Yes No Date of Diagnosis
f) pneumonia
g) high blood pressure
h) heart trouble
i) skin cancer
j) diverticulitis
k) colitis
1) ulcers
m) polyps
n) jaundice
o) arthritis
p) gout
33
26. Have you used any drugs or medicines during the past ten
(10) years in connection with any injury, complaint or
illness?
ANSWER:
If your answer is in the affirmative, please state fully in
detail:
a) A description of each item, including its name and
dosage:
ANSWER:
34
b) Identify the physician who prescribed each item, if
any:
ANSWER:
c) The injury, complaint or illness for which each item
was prescribed or used:
ANSWER:
d) The dates during which each item was used:
ANSWER:
27. Have you ever been discharged, or voluntarily left a job,
or changed residence due to health reasons?
ANSWER:
If the answer is in the affirmative, please state in detail
the dates, places and circumstances:
ANSWER:
35
28. Have you ever received financial benefits (other than
wages), either directly or indirectly, from any source at
any time in your lifetime (including but not limited to
government agencies, illness or disability wages from
employers, life or health insurance companies, service
providers or others)?
ANSWER:
If the answer is in the affirmative, please indicate the
following:
a) The date of each such payment(s):
ANSWER:
b) The source of each such payment(s):
ANSWER:
c) The time period and amount of each such payment(s):
ANSWER:
d) The reason for each such payment(s):
ANSWER:
36
e) The identity of all persons, including but not limited
to physicians, insurance carriers, government employees
or others who participated in the determination of each
such payment(s):
ANSWER:
29. Please identify each of your employers in whose employ you
claim you were exposed to asbestos. Include in your answer
the following:
a) the name, address and telephone number for each such
employer;
ANSWER:
b) For each such employer, indicate the jobsite, address
and inclusive dates of claimed exposure:
ANSWER:
c) Your job title and work description for each such
employment of claimed exposure:
ANSWER:
d) The dates of such employment of claimed exposure:
ANSWER:
37
e) The length of time you spent on each jobsite:
ANSWER:
f) The manufacturer, or if the manufacturer is unknown,
the trade name and/or the generic type of each and
every product which you believe contained asbestos,
to which you were exposed during each such employment,
and the dates from the first exposure to the last
exposure:
ANSWER:
g) Whether the jobs were inside work or outside work:
ANSWER:
30. For each exposure to asbestos and to products you believe
contained asbestos that are listed in the answer to
Interrogatory 29, please state the name and address of each
co-worker who has knowledge that these exposures occurred.
ANSWER:
38
31. Please identify each of your employers in whose employ you
claim you were exposed to silica. Include in your answer
the following:
a) The name, address and telephone number for each such
employer;
ANSWER:
b) For each such employer, indicate the jobsite, address
and inclusive dates of claimed exposure:
ANSWER:
c) Your job title and work description for each such
employment of claimed exposure:
ANSWER:
e) The length of time you spent on each jobsite:
ANSWER:
39
f) The manufacturer, or if the manufacturer is unknown,
the trade name and/or the generic type of each and
every product which you believe contained silica, to
which you were exposed during each such employment, and
the dates from the first exposure to the last exposure:
ANSWER:
g) Whether the jobs were inside work or outside work:
ANSWER:
h) For each job, whether it involved new construction,
repair, replacement or tear-out (specify which):
ANSWER:
32. For each exposure to silica and to products you believe
contained silica that are listed in the answer to
Interrogatory 31, please state the name and address of each
co-worker who has knowledge that these exposures occurred.
ANSWER:
33. Please state whether safety equipment such as respirators
or masks to reduce exposure to asbestos and/or silica
material was provided or required by any of your employers
(specify which):
ANSWER:
40
If the answer is in the affirmative, please state:
a) Whether you used the masks or respirators:
ANSWER:
b) If so, identify the jobsites at which you used such
masks or respirators:
ANSWER:
34. State whether showers were provided for each such
employment:
ANSWER:
35. State whether separate lockers for work and personal
clothing were provided for each such employment:
ANSWER:
41
36. Have you ever been a member of any trade or labor union?
ANSWER:
For each and every membership please list the following:
a) The union, including the local designation for each
such union membership:
ANSWER:
b) The beginning and ending dates of membership(s) and the
reasons why such membership(s) was terminated:
ANSWER:
c) The types of work authorized to perform by virtue of
each and every membership:
ANSWER:
d) The places, dates and offices held or the committees
on which you served in both the local and international
union(s) for each such membership:
ANSWER:
42
e) Whether union meetings are or were regularly attended
in reference to each such membership:
ANSWER:
£) The names of each and every publication(s) received
from the unions and the dates and frequency with which
they were received:
ANSWER:
g) The frequency with which such publications are or were
read (i.e., regularly, occasionally, rarely):
ANSWER:
37. State whether the you were exposed to asbestos or asbestos-
containing products which were manufacturer, sold, produced,
prepared or distributed by any entity not named as a
defendant in this lawsuit. If so, identify the
manufacturer, the product and the dates of exposure.
ANSWER:
38. Have you ever been exposed to asbestos or asbestos-
containing products outside the workplace?
ANSWER:
43
If the answer is in the affirmative, please state the
following:
a) The date of each such exposure:
ANSWER:
b) The place of each such exposure:
ANSWER:
d) The trade name(s) and/or manufacturer(s) of the
asbestos containing product(s) for each such exposure:
ANSWER:
e) The names and addresses of each individual with
knowledge to corroborate each such exposure:
ANSWER:
4439. State whether you have ever received any instruction,
recommendations or warnings of any kind regarding each
asbestos-containing product to which you were exposed (i.e.,
printed on container or package, tag, covering, or
instruction sheet accompanying the product, etc.):
ANSWER:
40. State whether you ever received any instructions or
recommendations by your employer or superior at any time
regarding the safety precautions to be taken when using each
asbestos-containing product to which you were exposed,
including, but not limited to, the creation, inhalation or
ingestion of dust.
ANSWER:
41. Did you at any time receive, have knowledge of, or possess
any advice, publication, warning, order, directive,
requirement or recommendation, written or oral, which
purported to either advise or warn you of the possible
harmful effects of exposure to or inhalation of, asbestos,
asbestos-containing materials, silica, or silica-containing
materials?
ANSWER:
42. Did you at any time receive, have knowledge of, or possess
any advice, publication, warning, order, directive,
requirement or recommendation, either written or oral, which
purported to advise or recommend techniques, methods or
equipment which would serve to reduce or guard against such
potentially harmful exposure?
ANSWER:
45
If the answer is in the affirmative, please state the
following:
a) The nature and exact working of such advice, warning,
recommendation etc.:
ANSWER:
b) The complete identity of each source of such advice,
warning or recommendation, etc.:
ANSWER:
c) The date, time, place and manner and circumstances when
each such advice, warning, recommendation, etc. was
given:
ANSWER:
e) Identify each and every co-worker or similar member of
your trade and occupation who also received the same
or similar advice, warning, recommendation, etc.:
ANSWER:
46
43. Have you ever provided testimony, or been SPRINT interviewed
in a lawsuit?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) The name of the case and case number for which each
such testimony or SPRINT interview was given:
ANSWER:
b) The nature of each such proceeding and/or testimony:
ANSWER:
c) The approximate date when each such testimony and/or
SPRINT interview was given:
ANSWER:
44. Have you ever been exposed to radiation medically,
incidentally or occupationally?
ANSWER:
47
If the answer is int he affirmative, describe the
circumstances of exposure and date or dates of exposure:
ANSWER:
45. State the nature, extent and frequency of any physical
examinations which any of your employers required or made
available to you, and the frequency (with specific dates)
with which you submitted to such examinations.
ANSWER:
46. Please state whether you have obtained any judgments,
settlements, or compromises, payments from or entered into
any agreements with any person or entity arising from
exposure to asbestos, asbestos-containing products, silica
or silica containing products.
ANSWER:
If the answer is in the affirmative, please state:
a) The amount of such each and.every judgment, settlement,
compromise or payment:
ANSWER:
48
b) The date upon which each such judgment, settlement,
compromise or payment was received:
ANSWER:
c) The person or entity from whom such judgment,
settlement, compromise or payment was received:
ANSWER:
47. Please state whether you have entered into any agreement
with any party or non-party to this litigation regarding
future claims or payments resulting from your alleged
exposure to asbestos, asbestos-containing products, silica
or silica-containing products.
ANSWER:
If the answer is in the affirmative, please state:
a) The amount of consideration for each such agreement:
ANSWER:
b) The date upon which each agreement was entered into:
ANSWER:
49
c) The person or entity with whom each such agreement was
reached:
ANSWER:
d) The dates upon which each such payment is to be
received:
ANSWER:
REQUEST FOR PRODUCTION OF DOCUMENTS
1. Identify and produce all literature or other documents which
relate to the product or products, allegedly containing
asbestos and/or silica, to which you claim you were exposed
which are in your possession or in the possession of your
attorney.
2. Identify and produce your complete work history including
the location of each and every jobsite at which you worked
wherein you claim you were exposed to asbestos and/or
silica. for each such jobsite, state the dates you were
present, the length of time you spent at each jobsite, the
name and manufacturers of each asbestos-containing product
to which you were exposed at each jobsite, the name of your
employer, the type of work you performed, and the names and
addresses of each co-worker with whom you worked.
3. Identify and produce all literature or other documents in
your possession or in the possession of your attorney, that
constitute or relate to advice, warnings, orders,
directives, requirements or recommendations, which purported
to advise you of the possible harmful effects of exposure
to asbestos or asbestos-containing products, or of
techniques, methods, or equipment which would serve to
reduce or guard against such exposure.
4. Identify and product all literature or other documents which
relate to your claim of conspiracy as to each defendant
named in this Iawsuit.
S. Identify and produce all medical records and reports in your
possession or in the possession of your attorney.
6. Copies of all bills and receipts for medical services,
drugs, medication, doctors' fees or other expenses incurred
as a result of the injuries you allege you received relevant
to this lawsuit.
50
7. All documents regarding any and all x-ray screening and the
results thereof.
9. Identify and produce tax returns for the last ten (10)
years, a Social Security Statement of Earnings, and any
other documents relating to income earned in the last ten
(10) years which are in your possession or in the possession
of your attorney.
9. Identify and product all non-medical expert reports which
are in your possession or in the possession of your
attorney.
10. Identify and produce all documents and prior testimonies of
which you have knowledge which relate to your allegation
that you are entitled to receive punitive or exemplary
damages.
11. Identify and produce the names and full addresses of all
persons you expect to call as expert witnesses at trial,
including a summary of the testimony that each witness is
expected to give.
12. Identify and produce the names and full addresses of all
non-experts you expect to call as witnesses at trial
including a summary of the testimony that each witness is
expected to give.
13. Documents in your possession constituting or relating to
your employment history including, but not limited to,
documents which would indicate the place(s) or department(s)
of your employer(s) in which you worked, the dates worked,
and the names of co-workers with whom you worked at each job
or jobsite.
14. Any lists which have been prepared or which have been
prepared by others on your behalf which indicate the types
of products to which you claim you were exposed, and the
names of the manufacturers, installers, distributors,
sellers, suppliers and outside contractors of those
products.
15. All documents pertaining to union memberships, meetings or
events relating to the discussions or warnings given
concerning hazardous exposures in the workplace and
precautions to be taken.
16. Any and all documents or photographs you have reviewed or
will review in preparation for any testimony you may give
in this case or as a co-worker in any other case.
17. Identify and product all documents, other than those
previously identified in your responses to these requests,
that you expect to offer as evidence at trial.
18. Copies of all documents supporting the itemization of
damages you claim in this suit.
51
AUTHORIZATION FOR RELEASE OF MEDICAL INFORMATION
TO:
This is authority for you to permit any attorney of record,
or his or her agent, or any records service or its agents, to
copy, inspect, and examine any and all records, charts, reports,
pathology materials, original x-rays, x-ray reports, in your
possession pertaining to all examinations and treatments rendered
to:
NAME:
SS #:
DOB:
DATE:
This authorization shall remain valid for a period of eight
months from the date set forth herein and authorize the provider
to honor all requests for records and/or other materials made
within that period of time.
STATE OF OHIO
) SS:
COUNTY OF
SWORN AND TO SUBSCRIBED before me, a notary public in and
for said county and state on this day of , 19
NOTARY PUBLIC
PHOTCOPIES OF THIS AUTHORIZATION SHALL BE MADE AND SHALL HAVE
THE SAME AUTHORITY AS THE ORIGINAL
*Name of party seeking to provide his or her medical release.
52
AUTHORIZATION FOR RELEASE OF WORKERS' COMPENSATION INFORMATION
TO:
This is authority for you to permit any attorney of record,
or any agent of any attorney of record, to copy, inspect, and
examine any and all records, correspondence, medical reports, in
your possession pertaining to any and all Workers' Compensation
claims involving:
NAME:
SS#:
DOB:
CI.AIM NO:
PHOTOCOPIES OF THIS AUTHORIZATION SHALL BE MADE AND SHALL HAVE
THE SAME AUTHORITY AS THE ORIGINAL.
DATE:
STATE OF OHIO
COUNTY OF
ss:
SWORN TO AND SUBSCRIBED before me, a notary public in and
for said county and state on this day of , 19
NOTARY PUBLIC
53
EXHIBIT C
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
IN RE:
ASBESTOS LITIGATION
DEFENDANT'S MASTER
CONSOLIDATED DISCOVERY
REQUESTS TO PLAINTIFFS
FOR DEATH CASES
Pursuant to Rules 33, 34 and 36 of the Ohio Rules of Civil
Procedure, defendants propound the following Master Consolidated
discovery Requests including Interrogatories, Requests for
Admissions and Requests for Production of Documents to each
plaintiff. The Interrogatories are to be answered under oath by
each plaintiff listed above; the Requests for Admissions are to
be answered or objected to by the each plaintiff or his attorney;
and the documents requested are to be produced or objections
thereto served on all defendants' attorneys within twenty-eight
(28) days of service hereof.
These Consolidated Discovery Requests are continuing in
nature and require each plaintiff to file supplemental answers
in accordance with Rule 26(e) of the Ohio Rules if further or
different information is obtained after the initial answers and
before trial, including in such supplemental answers the date
upon and manner in which such further or different information
came to each plaintiff's attention.
1
EXPLANATION AND DEFINITIONS
This document includes both interrogatories and a request
for production of documents. The documents to be produced are
in each instance identified by responses to the interrogatories
contained herein.
As used in these interrogatories and document requests, the
terms listed below are defined as follows:
(A) "You", "your", "yourself", "plaintiff" or "plaintiffs"
means each plaintiff, each individual allegedly exposed to
asbestos, (the decedent, if applicable), and all other persons
acting or purporting to act on each plaintiff's behalf.
(b) "Defendants", unless otherwise specified, means any
defendant named as a party to this action, as well as any
predecessors in interest to any named defendants, and all other
subsidiaries or divisions of any named defendants.
(C) "Document" or "documents" means any writing of any
kind, including originals and all nonidentical copies (whether
different from the originals by reason of any notation made on
such copies or otherwise), including without limitation
correspondence, memoranda, notes, desk calendars, diaries,
statistics, letters, telegrams, minutes, contracts, reports,
studies, checks, invoices, statements, receipts, returns
warranties, guarantees, summaries, pamphlets, books,
prospectuses, interoffice and intraoffice communications, offers,
notations of any sort of conversations, telephone calls, meetings
or other communications, bulletins, magazines, publications,
printed matter, photographs, computer printouts, teletypes,
telefax, invoices, worksheets and all drafts, alteration,
modifications, changes and amendments of any of the foregoing
tapes, tape recordings, transcripts, graphic or aural records or
representations of any kind, and electronic, mechanical or
electric records or representations of any kind, of which each
plaintiff has knowledge or which are
2now or were formerly in each plaintiff's actual or constructive
possession, custody or control.
(D) "Possession, custody or control" includes the joint or
several possession, custody or control not only by the person
to whom these interrogatories and requests are addressed, but
also the joint or several possession, custody or control by each
or any other person acting or purporting to act on behalf of the
person, whether as employee, attorney, accountant, agent,
sponsor, spokesman, or otherwise.
(E) "Relates to" means supports, evidences, describes,
mentions, refers to, contradicts or comprises.
(F) "Person" means any natural person, firm, corporation,
partnership, proprietorship, joint venture, organization, group
of natural persons, or other association separately identifiable,
whether or not such association has a separate juristic existence
in its own right.
(G) "Identify", "identity" and "identification", when used
to refer to an entity other than a natural person, means to state
its full name, the present or last known address of its principal
office or place of doing business, and the type of entity (e.g.,
corporation, partnership, unincorporated association).
(H) "Identify", "identity" and "Identification", when used
to refer to a natural person, means to state the following:
(1) the person's full name and present or last known
home address, home telephone number, business address and
business telephone number;
(2) The person's present title and employer or other
business affiliation;
(3) the person's home address, home telephone number,
business address and business telephone number at the time of the
actions at which each interrogatory is directed: and
3
(4) his employer and title at the time of the actions
at which each interrogatory is directed.
(I) "Identify", "identity" and "identification", when used
to refer to a document, mean to state the following:
(1) the subject of the document;
(2) the title of the document;
(3) the type of document (e.g., letter, memorandum,
telegraph, chart);
(4) the date of the document, or if the specific date
thereof is unknown, the month and year or other best
approximation of such date;
(5) the identity of the person or persons who wrote,
contributed to, prepared or originated such document; and
(6) the present or last known location and custodian
of the document.
(J) "His" means his and/or her and "he" means he and/or
she.
INSTRUCTIONS
(A) With respect to each interrogatory, in addition to
supplying the information asked for and identifying the specific
documents referred to, identify all documents which were referred
to in preparing your answers thereto.
(B) If any document identified in an answer to an
interrogatory was, but is no longer in your possession or subject
to your custody or control, or was known to you, but is no longer
in existence, state what disposition was made of it or what
became of it.
(C) If any document is withheld from production hereunder
on the basis of a claim of privilege or otherwise, identify each
such document and the grounds upon which its production is being
withheld.
(D) Attached to these interrogatories and request for
production of documents is
4
a medical authorization to obtain the decedent's medical records.
This medical authorization should be signed by the plaintiff and
returned with the Answers to Interrogatories.
INTERROGATORIES
1. Please state the following:
A) Your full name:
ANSWER:
b) All of the names by whom you have been know, including
nicknames, maiden names or aliases:
ANSWER:
c) Your present address and the date you first resided at
that address:
ANSWER:
d) The addresses at which you have resided for five (5)
years prior to this date:
ANSWER:
e) Your Social Security number:
5
ANSWER:
f) Your date of birth:
ANSWER:
2. If this is a death claim, please state the following:
a) The decedent's full name:
ANSWER:
b) All of the names by which the decedent has been known,
including nicknames, maiden names or aliases:
ANSWER:
c) The decedent's last address:
ANSWER:
d) The decedent's Social Security number:
ANSWER:
6
e) The decedent's date and place of birth:
ANSWER:
f) The decedent's date and place of death:
ANSWER:
g) Your relationship to the decedent:
ANSWER:
h) The Probate Court and case number for the decedent's
estate:
ANSWER:
3. Are you employed?
ANSWER:
a) If your answer is in the affirmative, please state your
current occupation, place of employment, and the date
you first became so employed:
ANSWER:
7
b) If your answer is in the negative, please state your
last occupation, your last place of employment, the
date you last worked, and your reason(s) for not
working since that time:
ANSWER:
4. Please state the following:
a) The decedent's last occupation:
ANSWER:
b) Decedent's last place of employment:
ANSWER:
c) The date decedent last worked:
ANSWER:
d) The reason(s) decedent stopped working:
ANSWER:
5. State the following with respect to decedent's parents:
8
a) The names of decedent's mother and father:
ANSWER:
b) Their dates of birth:
c) Their current health conditions:
ANSWER:
d) If deceased, their date of death:
ANSWER:
e) If deceased, their cause of death:
ANSWER:
6. Did decedent have any other brothers and/or sisters?
ANSWER:
9
If your answer is in the affirmative, please state the
following for each such brother and/or sister:
a) The names and addresses of each such brother and/or
sister:
ANSWER:
b) The age of each such brother and/or sister:
ANSWER:
c) The current health condition of each brother and/or
sister:
ANSWER:
d) If deceased, the age at death for each deceased brother
and/or sister:
ANSWER:
e) If deceased, the cause of death for each deceased
brother and/or sister:
ANSWER:
7. Has any member of decedent's family ever filed a suit for
an asbestos-related
10
disease?
ANSWER:
If your answer is in the affirmative, please state the
following:
a) Identify the name of the family member:
ANSWER:
b) Their relation(s) to the decedent:
ANSWER:
c) The case name(s), court(s) and case number(s) of the
lawsuit(s):
ANSWER:
8. If you are currently married, state the following:
a) The date of marriage:
ANSWER:
b) Your spouse's name:
ANSWER:
11
c) Your spouse's date of birth:
ANSWER:
d) Your spouse's Social Security number:
ANSWER:
e) Your spouse's occupation:
ANSWER:
£) The name and address of your spouse's employer:
ANSWER:
g) Whether your spouse is employed full-time or part-time:
ANSWER:
h) the amount of our spouse's average gross monthly
salary:
ANSWER:
i) Whether your spouse was financially dependent upon you
at the
12
commencement of this action:
ANSWER:
9. Was decedent married at the time of his death?
ANSWER:
10. If the answer to the immediately preceding interrogatory is
affirmative, please state with respect to the spouse to whom
decedent was married at the time of his death:
ANSWER:
a) The date of marriage:
ANSWER:
b) The spouse's name:
ANSWER:
c) The spouse's date of birth:
ANSWER:
d) The spouse's Social Security number:
ANSWER:
13
e) The spouse's present occupation:
ANSWER:
f) The name and address of spouse's current employer:
ANSWER:
g) Whether spouse is currently employed full-time or part-
time:
ANSWER:
h) The amount of the spouse's average gross monthly
salary:
ANSWER:
i) Whether the spouse was financially dependent upon the
decedent at the time of his death:
ANSWER:
7) Whether decedent and the spouse were ever voluntarily
or legally separated?
14
ANSWER:
k) If applicable, state the circumstances inclusive dates
and length of time of any such legal or voluntary
separation.
ANSWER:
11. Has the decedent ever had any previous marriages?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) The name(s) of any former spouse(s):
ANSWER:
b) The address(es) of any former spouse(s):
ANSWER:
c) The date of termination of any previous marriages:
ANSWER:
15
d) If terminated by court order, the court(s), city or
cities, and the circumstances under which the marriage
or marriages were dissolved or terminated:
ANSWER:
12. Did the decedent have children?
ANSWER:
If the answer is in the affirmative, please state the
following for each child:
a) The name of each such child:
ANSWER:
b) The address of each such child:
ANSWER:
c) The age of each such child:
ANSWER:
16
d) The occupation of each such child:
ANSWER:
a) The current health condition, including specific
medical problems of each such child:
ANSWER:
f) Whether any such child was financially dependent upon
the decedent at the time of death. If so, state the
name of such dependent child.
ANSWER:
g) If any child is deceased, state his or her date of
death, cause of death, and age at death:
ANSWER:
13. Was any who is not listed in the preceding interrogatory
financially dependent upon decedent at time of his death?
ANSWER:
17
If the answer is in the affirmative, please state the
following:
a) The name of each such dependent:
ANSWER:
b) The date of birth of each such dependent:
ANSWER:
c) The relationship to the decedent of each such
dependent:
ANSWER:
d) Whether the decedent had legal custody of each such
dependent:
ANSWER:
e) If custody was awarded to the decedent by court decree,
state the date such custody was obtained for each such
dependent:
ANSWER:
14. Did decedent graduate from high school?
ANSWER:
18
If the answer is in the affirmative, please state the
following:
a) The date graduated and the name of the school:
ANSWER:
15. Has decedent ever enrolled or attended any colleges,
vocational schools, union sponsored training, or
correspondence courses?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) The name(s) and address(es) of each such institution:
ANSWER:
b) The date(s) attended:
ANSWER:
c) Courses of study:
ANSWER:
19
d) Degree(s) or certification received, if any, for each
such enrollment or attendance;
ANSWER:
16. Has decedent ever been a member of the Armed Forces?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) The branch of service:
ANSWER:
b) Serial number:
ANSWER:
c) Veteran's Administration Number (if applicable):
ANSWER:
d) The dates of service ending with the date of last
discharge:
ANSWER:
20
e) The highest rank or grade held:
ANSWER:
f) The type of discharge:
ANSWER:
g) The type of technical education or training received
and the length of such training:
ANSWER:
h) Whether any injury occurred while in the service
(explain):
ANSWER:
i) Whether decedent was ever exposed to asbestos, or
asbestos-containing products during his military
service.
ANSWER:
21
j) If the answer is affirmative, please describe in detail
the manner in which decedent was exposed, the type of
duties being performed, and the product to which
decedent was exposed.
ANSWER:
17. Has decedent ever been convicted of a crime other than a
traffic offense?
ANSWER:
If the answer is in the affirmative, please state fully in
detail the following:
a) The date(s), place(s), court(s) and nature(s) of each
conviction:
ANSWER:
18. Has decedent ever filed a suit for damages for any personal
injuries?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) Names and addresses of all the plaintiffs, defendants
and their attorneys for each such action:
ANSWER:
22b) The case number, court, place and date of filing for
each such action:
ANSWER:
c) The nature and extent of injuries claimed for each such
action:
ANSWER:
d) The present status of each suit, and if concluded, the
final result, including the amount of any settlements
or judgments for each such action:
ANSWER:
19. Have you ever filed a Workers' Compensation Claim?
ANSWER:
If your answer is in the affirmative, please state the
following:
a) The claim number for each and every claim:
ANSWER:
b) The employer under which each and every claim was
filed:
ANSWER:
23
c) State the allowed conditions for each and every claim:
ANSWER:
d) State the amount of any compensation received for each
and every claim:
ANSWER:
e) The present status of each and every claim:
ANSWER:
20. Has the decedent ever filed a Worker's Compensation Claim?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) The claim number for each and every claim:
ANSWER:
24
b) The employer under which each and every claim was
filed:
ANSWER:
c) State the allowed conditions for each and every claim:
ANSWER:
d) State the amount of any compensation received for each
and every claim:
ANSWER:
e) The present status of each and every claim:
ANSWER:
21. Did the decedent ever use cigarettes, cigars, or pipe or
other tobacco products of any kind?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) The dates and time periods during which each type of
tobacco products was smoked or used:
25
ANSWER:
b) The types of tobacco products decedent smoked or used
and as to each such product whether the smoke was
inhaled or was not inhaled:
ANSWER:
c) The daily frequency with which tobacco products were
smoked or used (i.e., 2 packs of cigarettes daily, 3
cigars daily, 2 pipefuls daily, etc.):
ANSWER:
d) For any time period during which use of tobacco
products stopped, state the dates during which
decedent's use ceased and the reasons why the use
stopped:
ANSWER:
e) For any time period when the use of tobacco products
began after a period of having stopped, state the
reasons for restarting:
ANSWER:
f) If decedent ever smoked cigarettes, please state the
average number of packs per day and brand so consumed
in each of the following periods from 1930
26
to the present time:
ANSWER:
1. 1930 to 1935 Brand(s)
2. 1936 to 1939 Brand(s)
3. 1940 to 1945 Brand(s)
4. 1946 to 1949 Brand(s)
5. 1950 to 1955 Brand(s)
6. 1956 to 1959 Brand(s)
7. 1960 to 1965 Brand(s)
8. 1966 to 1969 Brand(s)
9. 1970 to 1975 Brand(s)
10. 1976 to 1979 Brand(s)
11. 1980 to 1985 Brand(s)
12. 1986 to pres. Brand(s)
g) If advice was ever given by any physician to decedent
to stop smoking or using tobacco products, identify
each physician who gave such advice, the dates on which
the advice was given, and also state whether the advice
was followed:
ANSWER:
h) Was decedent award of the United States Surgeon
General's warning placed on all cigarette packages and
advertisements:
ANSWER:
27
i) If the answer to subpart (h) is in the affirmative,
please indicate the date on which the decedent first
became award of such warning:
ANSWER:
j) Did the decedent stop smoking at the time he became
aware of such warning?
ANSWER:
22. Has any diagnosis and/or prognosis of decedent's medical
condition been made as a result of any illness or conditions
allegedly sustained as a result of any exposure to asbestos
or asbestos-containing products?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) Each and every diagnosis which has been made:
ANSWER:
b) The date(s) of any such diagnosis:
ANSWER:
c) Identify each person making any such diagnosis:
28
ANSWER:
d) The prognosis made for each and every diagnosis:
ANSWER:
e) Identify each person making any such prognosis:
ANSWER:
f) The date of last prognosis regarding any diagnosis:
ANSWER:
g) The date the condition or conditions diagnosed first
manifested symptoms:
ANSWER:
23. For each and every symptom, indication, malaise, or
affliction which you contend to be directly or indirectly
related to any asbestos-related disease, disability or
physical condition, please state the following:
a) The nature and description of such symptom:
ANSWER:
29
b) The date, time, place and manner in which such
symptom first manifested itself or was made known to
you, including all pertinent information as to the
source of such knowledge:
ANSWER:
c) Whether you contend such symptom is related in any
fashion to decedent's exposure to asbestos, and the
nature and extent of such relationship:
ANSWER:
d) All facts and opinions on which you rely in alleging
that the symptoms identified are related to exposure
to asbestos:
ANSWER:
24. Has any diagnosis and/or prognosis of decedent's medical
condition been made as a result of any illness or conditions
allegedly sustained as a result of any exposure to silica
or silica-containing products?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) Each and every diagnosis which has been made:
30
ANSWER:
b) The date(s) of any such diagnosis:
ANSWER:
c) Identify each person making any such diagnosis:
ANSWER:
d) The prognosis made for each and every diagnosis:
AfISWER:
e) Identify each person making any such prognosis:
ANSWER:
f) The date of last prognosis regarding any diagnosis:
ANSWER:
31
g) The date the condition or conditions diagnosed first
manifested symptoms:
ANSWER:
25. For each and every symptom, indication, malaise, or
affliction which you contend to be directly or indirectly
related to any alleged silicosis or silica-related disease,
disability or physical condition, please state the
following:
a) The nature and description of such symptom:
ANSWER:
b) The date, time, place and manner in which such symptom
first manifested itself or was made known to you,
including all pertinent information as to the source
of such knowledge:
ANSWER:
c) Whether you contend such symptom is related in any
fashion to decedent's exposure to silica, and the
nature and extent of such relationship:
ANSWER:
d) All facts and opinions on which you rely in alleging
that the symptoms identified are related to exposure
to silica:
ANSWER:
32
26. Has the decedent ever been hospitalized, operated upon, or
confined to an institution, including nursing homes or
extended care facilities?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) Names and addresses of all hospitals or institutions
involved;
ANSWER:
b) The beginning and ending dates of each period of
hospitalization or institutionalization;
ANSWER:
c) The nature of the illness, injury or complaint for
which decedent was admitted;
ANSWER:
d) The names and addresses and relationship to decedent
of all persons who treated or examined decedent:
ANSWER:
33
27. With respect to each physician, not listed in the preceding
interrogatory, who examined or treated the decedent during
his lifetime to date, state the following:
a) Identify each physician and his address;
ANSWER:
b) List the complaint decedent had that caused him to see
each particular physician;
ANSWER:
c) The type of examination, the diagnosis and type of
treatment that each doctor gave decedent;
ANSWER:
d) The date or dates on which decedent was examined,
diagnosed and treated by each particular physician:
ANSWER:
28. Has the decedent ever had x-rays taken of his chest other
than at any of the institutions listed previously, including
x-rays performed by the Armed forces, employers or unions?
ANSWER:
34
If the answer is in the affirmative, please state the
following for each set of x-rays taken:
a) name and address of the office or hospital where each
set of x-rays was taken;
ANSWER:
b) the reason(s) why such x-rays were taken;
ANSWER:
c) whether anything was reported to decedent, and the
nature of any such report(s), as being the x-ray
diagnosis;
ANSWER:
d) who paid to have the x-rays taken;
ANSWER:
e) the names and addresses of any physicians, hospitals,
clinics, or other persons to whom copies of x-ray
reports were sent:
ANSWER:
29. Has decedent ever had a pulmonary function test ("PFT") or
breathing test?
35
ANSWER:
If the answer is in the affirmative, please state for each
such test:
a) name and address of the office or hospital where each
such PFT or breathing test was taken;
ANSWER:
b) the reason(s) why such PFT or breathing test was taken;
ANSWER:
c) whether anything was reported to decedent, and the
nature of any such report(s), as being the PFT or
breathing test diagnon for such agreement:
ANSWER:
30. Please identify each of decedents employers in whose employ
you claim decedent was exposed to asbestos. Include in your
answer the following;
a) The name, address and telephone number for each such
employeet
ANSWER:
b) For each such employer, indicate the jobsite, address
and inclusive dates of claimed exposure:
ANSWER:
36
c) Decedent's job title and work description for each such
employment of claimed exposure:
ANSWER:
d) The dates of such employment of claimed exposure:
ANSWER:
e) The length of time you spent on each jobsite:
ANSWER:
f) The manufacturer, or if the manufacturer is unknown,
the trade name and/or the generic type of each and
every product which decedent believed contained
asbestos, to which decedent was exposed during each
such employment, and the dates from the first exposure
to the last exposure:
ANSWER:
g) whether the jobs were inside work or outside work:
ANSWER:
h) For each job, whether it involved new construction,
repair, replacement or
37
tear-out (specify which):
ANSWER:
31. For each exposure to asbestos and to products decedent
believed contained asbestos that are listed in the answer
to Interrogatory 29, please state the name and address of
each co-worker who has knowledge that these exposures
occurred.
ANSWER:
32. Please identify each of decedent's employers in whose
employee decedent claimed exposure to silica. Include in
your answer the following:
a) the name, address and telephone number for each such
employer;
ANSWER:
b) For each such employer, indicate the jobsite, address
and inclusive dates of claimed exposure:
ANSWER:
c) Decedent's job title and work description for each such
employment of claimed exposure:
ANSWER:
38
d) The dates of such employment of claimed exposure:
ANSWER:
e) The length of time decedent spent on each jobsite:
ANSWER:
f) The manufacturer, or if the manufacturer is unknown,
the trade name and/or the generic type of each and
every product which decedent believed contained silica,
to which decedent was exposed during each such
employment, and the dates from the first exposure to
the last exposure:
ANSWER:
g) Whether the jobs were inside work or outside work:
ANSWER:
h) For each job, whether it involved new construction,
repair, replacement or tear-out (specify which):
ANSWER:
33. For each exposure to silica and to products decedent
believed contained silica that are listed in the answer to
Interrogatory 31, please state the name and address of
39
each co-worker who has knowledge that these exposures
occurred.
ANSWER:
34. Please state whether safety equipment such as respirators
or masks to reduce exposure to asbestos and/or silica
material was provided or required by any of decedent's
employers (specify which):
ANSWER:
If the answer is in the affirmative, please state:
a) whether decedent used the masks or respirators:
ANSWER:
b) If so, identify the jobsites at which decedent used
such masks or respirators:
ANSWER:
35. State whether showers were provided for each such
employment:
ANSWER:
40
36. State whether separate lockers for work and personal
clothing were provided for each such employment:
ANSWER:
37. Has decedent ever been a member of any trade or labor union?
ANSWER:
For each and every membership please list the following:
a) The union, including the local designation for each
such union membership:
ANSWER:
b) The beginning and ending dates of membership(s) and the
reasons why such membership(s) was terminated:
ANSWER:
c) The types of work authorized to perform by virtue of
each and every membership:
ANSWER:
41
d) The places, dates and offices held or the committees
on which decedent served in both the local and
international union(s) for each such membership:
ANSWER:
e) Whether union meetings are or were regularly attended
in reference to each such membership:
ANSWER:
f) The names of each and every publication(s) received
from the unions and the dates and frequency with which
they were received:
ANSWER:
9) The frequency with which such publications are or were
read (i.g., regularly, occasionally, rarely):
ANSWER:
38. State whether the decedent was exposed to asbestos or
asbestos-containing products which were manufactured, sold,
produced, prepared or distributed by any entity not named
as a defendant in this lawsuit. If so, identify the
manufacturer, the product and the dates of exposure.
ANSWER:
42
39. Has decedent ever been exposed to asbestos or asbestos-
containing products outside the workplace?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) The date of each such exposure:
ANSWER:
b) The place of each such exposure:
ANSWER:
c) The frequency of each such exposure:
ANSWER:
d) The trade name(s) and/or manufacturer(s) of the
asbestos containing product(s) for each such exposure:
ANSWER:
43
e) The names and addresses of each individual with
knowledge to corroborate each such exposure:
ANSWER:
40. State whether decedent has ever received any instructions,
recommendations or warning of any kind regarding each
asbestos-containing product to which decedent was exposed
(i.e., printed on container or package, tag, covering, or
instruction sheet accompanying the product, etc.):
ANSWER:
41. State whether decedent ever received any instructions or
recommendations by decedent's employer or superior at any
time regarding the safety precautions to be taken when using
each asbestos-containing product to which decedent was
exposed, including, but not limited to, the creation,
inhalation or ingestion of dust.
ANSWER:
42. Did decedent at any time receive, have knowledge of, or
possess any advice, publication, warning, order, directive,
requirement or recommendation, written or oral, which
purported to either advise or warn decedent of the possible
harmful effects of exposure to, or inhalation or, asbestos,
asbestos-containing materials, silica, or silica-containing
materials?
43. Did decedent at any time receive, have knowledge of, or
possess any advice, publication, warning, order, directive,
requirement or recommendation, either written or oral, which
purported to advise or recommend techniques, methods or
equipment
44
which would serve to reduce or guard against such
potentially harmful exposure?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) The nature and exact wording of such advice, warning,
recommendation etc.:
ANSWER:
b) The complete identity of each source of such advice,
warning or recommendation, etc.:
ANSWER:
c) The date, time, place and manner and circumstances when
each such advice, warning, recommendation, etc. was
given:
ANSWER:
d) Identify each and every witness to the receipt of such
advice, warning, recommendation, etc.:
ANSWER:
45
e) Identify each and every co-worker or similar member of
decedent's trade and occupation who also received the
same or similar advice, warning, recommendation, etc.:
ANSWER:
44. Has decedent ever provided testimony, or been SPRINT
interviewed in a lawsuit?
ANSWER:
If the answer is in the affirmative, please state the
following:
a) The name of the case and case number for which each
such testimony or SPRINT interview was given:
ANSWER:
b) The nature of each such proceeding and/or testimony:
ANSWER:
c) The approximate date when each such testimony and/or
SPRINT interview was given:
ANSWER:
46
45. Has decedent ever been exposed to radiation medically,
incidentally or occupationally?
ANSWER:
If the answer is in the affirmative, describe the
circumstances of exposure and date or dates of exposure:
ANSWER:
46. State the nature, extent and frequency of any physical
examinations which any of decedent's employers required or
made available to decedent and the frequency (with specific
dates) with which decedent submitted to such examinations.
ANSWER:
47. Please state whether decedent had obtained any judgments,
settlements, or compromises, payments from or entered into
any agreements with any person or entity arising from
exposure to asbestos, asbestos-containing products, silica
or silica-containing products.
ANSWER:
If the answer is in the affirmative, please state:
a) The amount of such each and every judgment, settlement,
compromise or payment:
ANSWER:
47
b) the date upon which each such judgment, settlement,
compromise or payment was received:
ANSWER:
c) The person or entity from whom such judgment,
settlement, compromise or payment was received:
ANSWER:
48. Please state whether decedent had entered into any agreement
with any party or non-party to this litigation regarding
future claims or payments resulting from decedent's alleged
exposure to asbestos, asbestos-containing products, silica
or silica-containing products.
ANSWER:
If the answer is in the affirmative, please state:
a) the amount of consideration for each such agreement;
ANSWER:
48
b) The date upon which each agreement was entered into:
ANSWER:
c) The person or entity with whom each such agreement was
reached:
ANSWER:
d) The dates upon which each such payment is to be
received:
ANSWER:
e) The date upon which each agreement was entered into:
ANSWER:
f) The person or entity with whom such agreement was
reached:
ANSWER:
g) The dates upon which payment is to be received:
ANSWER:
49REQUEST FOR PRODUCTION OF DOCUMENTS
1. Identify and product all literature or other documents which
relate to the product or products, allegedly containing
asbestos and/or silica, to which you claim decedent was
exposed which are in your possession or in the possession
of your attorney.
2. Identify and product a complete work history of the decedent
including the location of each and every jobsite at which
decedent worked wherein plaintiff claims decedent was
exposed to asbestos and/or silica. For each such jobsite,
state the dates decedent was present, the name of decedent's
employer, the type of work decedent performed and the names
and addresses of each co-worker with whom decedent worked.
3. Identify and product all literature or other documents, in
your possession or in the possession of your attorney, that
constitute or relate to advice, warnings, orders,
directives, requirements or recommendations, which purported
to advise the decedent of the possible harmful effects of
exposure to asbestos or asbestos-containing products, or of
techniques, methods, or equipment which would serve to
reduce or guard against such exposure.
4. Identify and produce all literature or other documents which
relate to your claim of conspiracy as to each defendant
named in this lawsuit.
5. Identify and product all medical records and reports,
including autopsy report and death certificate, in your
possession or in the possession of your attorney.
6. If this a death claim, identify and produce the appropriate
probate papers which designate the appointment of the
fiduciary of the decedent's estate in your possession or in
the possession of your attorney.
7. Identify and product tax returns for the last ten (10)
years, a Social Security Statement of Earnings, and any
other documents relating to income earned in the last ten
(10) years which are in your possession or in the possession
of your attorney.
S. Identify and produce all non-medical experts reports which
are in your possession or in the possession of your
attorney.
9. Identify and product all documents and prior testimonies of
which you have knowledge which relate to your allegation
that you are entitled to receive punitive or exemplary
damages.
10. Identify and product the names and full addresses of all
persons you expect to call as expert witnesses at trial,
including a summary of the testimony that each witness is
expected to give.
50
11. Identify and produce the names and full addresses of all
non-experts you expect to call as witnesses at trial
including a summary of the testimony that each witness is
expected to give.
12. Identify and produce all documents, other than those
previously identified in your responses to these requests,
that you expect to offer as evidence at trial.
51
AUTHORIZATION FOR RELEASE OF WORKERS' COMPENSATION INFORMATION
TO:
This is authority for you to permit any attorney of record,
or any agent of any attorney of record, to copy, inspect, and
examine any and all records, correspondence, medical reports, in
your possession pertaining to any and all Workers' compensation
claims involving:
NAME:
SS#:
DOB:
CLAIM NO:
PHOTOCOPIES OF THIS AUTHORIZATION SHALL BE MADE AND SHALL HAVE
THE SAME AUTHORITY AS THE ORIGINAL.
DATE:
STATE OF OHIO
) ss:
COUNTY OF
SWORN TO AND SUBSCRIBED before me, a notary public in and
for said county and state on this day of , 19
NOTARY PUBLIC
TAB 2
IN THE COURT OF COMMON PLEASCUYAHOGA COUNTY, OHIO
ASBESTOS DOCKET
MASTER CONSOLIDATED COMPLAINT
JURY TRIAL DEMANDED
VASILIOS PYROVOLIKOS )1654 ROOSEVELT AVENUE ) CASE NO:
STEUBENVILLE, OH, 43952JUDGE:
STELLA PYROVOLIKOS )1654 ROOSEVELT AVENUE
STEUBENVILLE, OH, 43952
CASE NO:LAWRENCE RAFAIANI336 OLD OAK DRIVE ) JUDGE:
CORTLAND, OH, 44410
FRANCIS RAFAIANI336 OLD OAK DRIVE
CORTLAND, OH, 44410
)EDWARD REITTER ) CASE NO:RT 2 BOX 282 L )
COLLIERS, WV, 26035 ) JUDGE:
)
EDWARD RILEY CASE NO:1735 MATTHEWS ROAD
YOUNGSTOWN, OH, 44514 ) JUDGE:
SUZANNE RILEY1735 MATTHEWS ROAD
YOUNGSTOWN, OH, 44514
))
RONALD ROBER'TS863 TOWNSHIP ROAD 145
CASE NO:)
IRONTON, OH, 45638
NORMA ROBERTS863 TOWNSHIP ROAD 145
IRONTON, OH, 45638
) JUDGE:
)
))
CARL ROSE2500 LYNN ROAD
NORTH LIMA, 011, 44452
CASE NO:
JUDGE:
CASE NO:NICK ROSIAN301 CHAPEL LANE
CANFIELD, OH, 44406
DIANE ROSIAN301 CHAPEL LANE
CANFIELD, OH, 44406
JUDGE:
KENNER RUSSO4535 PLUMBROOK DRIVE
CANFIELD, OH, 44406
CAROL RUSSO4535 PLUMBROOK DRIVE
CASE NO:)
2
CANFIELD, OH, 44406
EDWARD SACCOMEN ) CASE NO:163 S. BEVERLY AVENUE
YOUNGSTOWN, OH, 44515 ) JUI)GE:
ROXANN SACCOMEN )163 S. BEVERLY AVENUE
YOUNGSTOWN, OH, 44515
)CLIFTON SANDERS814 WINONA DRIVE ) CASE NO:
YOUNGSTOWN, OH, 44511) JUDGE:
LUVENIA SANDERS814 WINONA DRIVE
YOUNGSTOWN, OH, 44511
CASE NO:JOHN SAUNDERS3130 DEARBORN ) JUI)GE:
YOUNGSTOWN, OH, 44510)
EDWARD SEIVERT ) CASE NO:1544 COUNTRY CLUB
YOUNGSTOWN, OH, 44514 ) JUDGE:)
EDWARD SEMERARO ) CASE NO:17837 COURTNEY ROAD
3
BELOIT, OH, 44609 ) JUDGE:
LARENA SEMERARO17837 COURTNEY ROAD
BELOIT, OII, 44609
RAY SHAULIS ) CASE NO:5213 PRITCHARD OHLTOWN
NEWTON FALLS, OH, 44444 ) JUDGE:
CASE NO:JAMES SINNOTT1525 THOMAS STREET ) JUDGE:
IRONTON, OH, 45638)
FREDA SINNOTT )1525 THOMAS STREET
IRONTON, OH, 45638
JAMES SMITH ) CASE NO:1601 7TH STREET
PORTSMOUTH, OH, 45662 ) JUDGE:
ALEXANDER STEVENS ) CASE NO:2002 EAST MAIN STREET
GREENUP, KY, 41144 ) JUDGE:
KAREN STEVENS2002 EAST MAIN STREET
GREENUP, KY, 41144
4
JOHN STEWART104 KEITH AVENUE
SOUTH POINT, OH, 45680
MARY STEWART104 KEITH AVENUE
SOUTH POINT, OH, 45680
CASE NO:
JUDGE:
)MARION TENNEY ) CASE NO:4736 CHOCTAW AVE SOUTH WEST )
LEAVITTSBURG, OH, 44430 ) JUDGE:
)RANDALL VIRTUE ) CASE NO:49230 MURRAY ROAD
HOPEDALE, OH, 43976 ) JUDGE:
MARIANNE VIRTUE49230 MURRAY ROAD
HOPEDALE, OH, 43976
CASE NO:JOHN WARDLE1706 PLEASANT VALLEY ) JUDGE:
GIRARD, OH, 44420
PA1TY WARDLE1706 PLEASANT VALLEY
GIRARD, OH, 44420
RAYMOND WATKINS429 JONES STREET
5
CASE NO:
HUBBARD, OH, 44425 ) JUDGE:
NANCY WATKINS429 JONES STREET
HUBBARD, OH, 44425
DAVID WEAVER ) CASE NO:280 ROBINSON ROAD
CAMPBELL, OH, 44405 ) JUDGE:)
EVELYNE WEAVER280 ROBINSON ROAD
CAMPBELL, OH, 44405
)LLOYD WEBB ) CASE NO:3951 CR 51
PEDRO, OH, 45659 ) JUDGE:)
MERLE WEBB3951CR51 )
PEDRO, OH, 45659
ROY WEBER )15911MOCK ROAD ) CASE NO:
BERLIN CENTER, OH, 44401JUDGE:
JUDITH WEBER15911MOCK ROAD
BERLIN CENTER,, OH, 44401
THOMAS WEEMS2351 MT VERNON
CASE NO:
YOUNGSTOWN, OH, 44502 JUDGE:
6
JANICE WEEMS2351 MT VERNON
YOUNGSTOWN, OH, 44502)))
CARL WELLS ) CASE NO:HC 76 BOX 947
SAINT PAUL, KY, 41166 ) JUDGE:
PATRICIA WELLSHC 76 BOX 947 )
SAINT PAUL, KY, 41166
)JIM WELLS ) CASE NO:479 RIDGE ROAD
NEWTON FALLS, OH, 44444 ) JUDGE:
BARBARA WELLS479 RIDGE ROAD
NEWTON FALLS, OH, 44444
)DOUGLAS WICKHAM ) CASE NO:404 RT 646
RICHMOND, OH, 43944 ) JUDGE:
LINDA WICKHAM404 RT 646 )
RICHMOND, OH, 43944
CASE NO:HAROLD WILSON3908 N PARK STREET ) JUDGE:
WARREN, OH, 44481
7
SHARON WILSON3908 N PARK STREET
WARREN, OH, 44481
CASE NO:JAMES WILSON144 TOWNSHIP ROAD 317
IRONTON, OH, 45638
JANICE WILSON144 TOWNSHIP ROAD 317
) JUDGE:
)
IRONTON, OII, 45638
ODELL YOUNG ) CASE NO:751 EAST CAMBRIDGE
ALLIANCE, OH, 44601 ) JUDGE:)
)ALFONSE ZAPOLNIK ) CASE NO:200 LACY DRIVE
STEUBENVILLE, OH, 43952 ) JUDGE:)
PATRICIA ZAPOLNIK200 LACY DRIVE
STECJBENVILLE, OH, 43952
PLAINTIFFS
V.
AQUA-CHEM INC. )D/B/A CLEAVER-BROOKS DIVISION11950 WEST LAKE PARK DRIVE ).MILWAUKEE, WISCONSIN 53201-0421)
8
)BABCOCK-BORSIG POWER INC.F/K/A D.B. RILEYF/K/A RILEY STOCKER CORP.
P.O BOX 15040W O RCESTER,MASSACHUSETTS 01615
COOPER INDUSTRIES INC.I'RENTICE HALL CORPORATION SYS)800 BRAZOS STREET, # 750AUSTIN, TX 78701
CRANE CO.C/O CT CORPORATION, S.A. )1300 EAST NINTH STREET, # 1010CLEVELAND, OHIO 44114
CROWN CORK AND SEALONE CROWN WAYPHILIDELPHIA, PA 19154
DANA CORPORATIONC/O CT CORORATION SYSTEM, S.A.1300 EAST 9T" STREET, # 1010CLEVELAND, OH 44114
1)RESSER INDUSTRIES, INC.SUCCESSOR-BY-MERGER TOBROWN & ROOT HOLDINGS, INC.)C/O CT CORPORATION, S.A. )1300 EAST NINTH STREET, # 1010CLEVELAND, OHIO 44114
GARLOCK SEALINGTECHNOLOGIES LLCC.T. CORPORATION SYSTEM, S.A.1300 EAST NINTH STREET, # 1010CLEVELAND, OHIO 44114
9
KELLY-MOORE PAINT COMPANY987 COMMERCIAL STREETSAN CARLOS, CALIFORNIA 94070
UNIROYAL, INC.A NEW JERSEY CORPORATIONC/O PRENTICE HALLCORPORATION SYSTEM, S.A.50 WEST BROAD STREET # 18011COLUMBUS, OH 43215
))
INGERSOLL-RAND3080 NORTHEAST LOOP 323TYLER, TX 75201
)INSUL COMPANY, INC.C/O ALLISON AND BLASDELL139 NORTH MARKET STREETEAST PALASTINE, OHIO 44413
JNO J. DISCH CORPORATION1616 COUTANT AVENUECLEVELAND, OHIO 44107
JOHN CRANE, INCC/O CT CORPORATION SYSTEM, S.A.)1300 EAST 9TH STREET, # 1010CLEVELAND, OH 44114
KENTILE FLOORS, INC.C/O SANDERS W. GROPPER31 EAST 28TH STREET, 8TH FLOORNEW YORK, NY 10016
MAGNETEK, INC.AND MAGNETEK CONTROLS, INC.C/O CT CORPORATION SYSTEM, S.A.)1300 EAST 9". STREETCLEVELAND, OH 44114
10
MAHONING VALLEY SUPPLY CO.OF YOUNGSTOWN, OHIOC/O DAVID E. WILLIAMS, S.A.P.O. BOX 5498POLANI), OHIO 44514
METROPOLITAN LIFE INSURANCECOMPANYAKA METROPOLITAN INSURANCECOMPANYONE MADISON AVENUENEW YORK, NY 10010-3690
MOBIL OIL CORP.3325 GALLOWS ROADROOM 7D1740FAIRFAX, VA 22037
))
OSRAM SYLVANIA, INC.IN ITS OWN RIGHT AND ASSUC. IN INT. TO )GTE PRODUCTS CORPORATIONTHE CLARK CONTROLLERCOMPANYA.O. SMITH CORPORATIONC/O CT CORPORATION SYSTEM, S.A.)1300 EAST 9TH STREET # 1010CLEVELAND, OHIO 44114
)
OWENS ILLINOIS, INC.C/O DAVID WARD, S.A.ONE SEAGATE PLAZATOLEDO, OHIO 43659
PFIZER, INC.C/O CT CORPORATION SYSTEM, S.A.)36 EAST 7T" STREET, # 2400CINCINNATI, OHIO 45202-4459
11
PITTSBURGH METALS PURIFYING725 SAXON BOULEVARDSAXONBURG, PA 16056
PNEUMO-ABEX, CORPORATIONSUC. IN INTEREST TOABEX, INC. ANDPNEUMO-ABEX CORPORATIONIN ITS OWN RIGHTLIBERTY LANEHAMPTON, NY 03842
PREMIER REFRACTORIES, INC.FKA ADIENCE, INC.SUC. IN INT. TO BMI, INC.2704 COMMERCE DRIVE, # BHARRISBURG, PA 17110
QUIGLEY COMPANYC/O CT CORPORATION SYSTEMSTAUTORY AGENT1300 EAST 9T" STREET, # 1010CLEVELAND, OH 44114
RAPID-AMERICAN CORP.IN ITS OWN RIGHT AND ASSUC. IN INT. TO AND LIABLE FORPHILIP CAREY CORPORATIONC/O CORPORATION SERVICE CO.2711 CENTERVILLE RD, # 400WILMINGTON, DE 19808
)
RECORD INDUSTRIAL COMPANYC/O CATHERINE M. TIERNYTECHNICAL CLAIMS ASSISTANTCLAIR ODELL GROUP3025 CHEMICAL ROAD, SUITE # 200PLYMOUTH MEETING, PA 19462-1737)
RILEY STOKER CORPORATIONC/O C.T. SYSTEMS CORP., S.A.
12
1300 EAST 9TH STREET, SUITE # 1010)CLEVELAND, OHIO 44114
ROBERTSON, FORMERLYH.H. ROBERTSON COMPANY400 HOLIDAY DRIVEPITTSBURGH, PA 15220
)))))
RPM, INC.IN ITS OWN RIGHT AND ASSUCCESSOR IN INTEREST TOREPUBLIC POWDERED METALS, INC.)BONDEX INTERNATIONAL, INC. )AND PROKO INDUSTRIES50 WEST BROAD STREET, # 1800COLUMBUS, OH 43215
)THE RUST ENGINEERING CO.C/O CT CORPORATION SYSTEM., S.A.)1300 EAST 9TH STREET, SUITE # 1010)CLEVELAND, OHIO 44114
SAFE1'Y FIRST INDUSTRIES, INC.AKA SAFETY FIRST SUPPLYOF CANADA, LTD SUC IN INT. TOSAFETY FIRST SUPPLYC/O JOSEPH R.SCHAFPER, ESQ.IiEINTZMAN, WARREN, WISE, ANDFORNELLA, P.C.35TH FLOOR, GULF TOWER707 GRANT STREETPITTSURGH, PA 15219
)THE SAGER CORPORATIONC/O RICHARD POLLEY, ESQ.DICKIE, MCCAMEY AND CHILICOTE)400 TWO PPG PLACEPITTSBURGH, PA 15222
))
P.R. SUSSMAN COMPANYFKA SUSSMAN ASBESTOS COMPANY)
13
13100 ECKER .TUNCTION ROADPERRYSBURG, OHIO 43551
))
TASCO INSULATION, INC. )THE ASBESTOS SERVICE COMPANY)C/O CALLAGHER, SHARP FULTONAND NORMANSEVENTH FLOOR, BULKLEYBUILDING1501 EUCLID AVENUEPLAYHOUSESQUARECLEVELAND, OHIO 44115-2108
THEIM CORPORATIONAND ITS DIVISIONUNIVERSAL REFRACTORIES500 WEST MARQUETTE AVENUEP.O. BOX 6 )OAK CREEK, WI 53154
UNION BOILER COMPANYC/O ROBERT PENNINGTON, SAP.O. BOX 429NITRO, WV 25143-0429
UNION CARBIDE CORPORATIONC.T. CORPORATION SYSTEM, S.A.1300 EAST 9T" STREET, # 1010CLEVELAND, OH 44114
WHEELER PROTECTIVEAPPAREL, INC.C/O ROBERT W. WILKINSON, ESQ.P.O. BOX 1618PASCAGOULA, MS 39568
ZURN INDUSTRIES, INC. )AKA ERIE CITY BOILERSC/O CT CORPORATION SYSTEM, S.A.)1300 EAST 9TH STREET, SUITE # 1010)CLEVELAND, OHIO 44114
)
14
)ABB, LTD.C/O SUZANNE MONACO,
REGISTRED AGENT940 MAIN CAMPUS DRIVE, SUITE 500)RALEIGH, NC 27606
ALLIED GLOVE CORPORATIONP.O. BOX 2126MILWAUKEE, WI53201
AMERICAN OPTICAL CORPORATION)C/O CT CORPORATION SYSTEMSTATUTORY AGENT101 FEDERAL STREET, # 300BOSTON, MA 021110
AMERICAN STANDARD INC.C/O CT CORPORATION SYSTEM, S.A.)36 E. 7T" STREET, # 2400CINCINNATI, OHIO 45202-4459
A.O. SMITH CORPORATIONIN ITS OWN RIGHT ANDAS SUCCESSOR ININTEREST TO THECLARK CONTROLLERCOMPANY AND A.O SMITHCORPORATION
C/O PRENTICE HALLCORPRATION SYSTEM, S.A. )50 WEST BROAD STREET, # 1800COLUMBUS, OHIO 43215
))
ARGO PACKING COMPANYBOX 66 )OAKMONT, PA 15139
ATLASINDUSTRIESP.O. BOX 450
15
CARNEGIE, PA 15106
BEAZER EAST, INC.IN ITS OWN RIGHT ANDAS SUCCESSOR TOKOPPERS CO., INC. ANDOTHER RELATEDCOMPANIES INCLUDINGTHIEM CORP.,BEAZER USA INC., AND BEAZER, PLC)3400 GULF TOWERPITTSBURGH, PA 15219
THE B.F. GOODRICH COMPANY, INC.)C/O CT CORPORATION SYSTEM,STATUTORY AGENT1300 EAST NINTH STREET, # 1010CLEVELAND, OHIO 44114
BONDEX INTERNATIONALC/O PAULA. (>RANZIER )2628 PEARL ROADMEDINA, OHIO 44256
BORG-WARNER CORP.THE CORPORATION TRUST CO. S.A.1209 ORANGE STREETWILMINGTON, DE 19801
)CERTAINTEED CORP.C/O CT CORPOILATION SYS., S.A.1300 EAST NINTH STREET,SUITE # 1010CLEVELAND, OHIO 44114
)CLARK INDUSTRIALF/K/A THE CLARK ASBESTOS CO.BARBARA BETH CLARK SHAWBER,1893 EAST 55TH STREETCLEVELAND, OHIO 44103
16
)COILHART REFRACTORIESRT 6, BOX 82BUCKHANNON, WV 26201
CSR LIMITEDONE O'CONNELL STREETSYDNEY, NEW SOUTH WALES,AUSTRALIA 2000
DEVCON CORPORATION30 ENDICOTT STREETDANVERS, MA 01923
DIDIER TAYLOR REFRACTORIES,CORP.IN ITS OWN RIGHT AND ASSUCCESSORTO CHARLES TAYLOR SONS CO.8361 BROADWELL ROADCINCINNATI, OHIO 45244
DURABLA MFG, CO.IN ITS OWN RIGHT AND ASSUCCESSOR TO1)URABLA CANADA, LTD.2572 INDUSTRY LANENORRISTOWN, PA 19403
DURAMETALLIC CORP. )2104 FACTORY STREETKALAMAZOO, MI 49001
EXXON MOBIL CORPORATIONC/O CT CORPORATION SYSTEM, S.A.)1300 EAST 9T" STREETCLEVELAND, OH 44114
17
F.B. WRIGHT COMPANY98 VANADIUM ROADBRIDGEVILLE, PA 15017
))
FAIRMONT SUPPLY437 JEFFERSON AVENUEWASHINGOTN, PA 15301
THE FLINTKOTE COMPANYTHREE EMBARCADERO CENTERSUITE 1190SAN FRANCISCO, CA 94111
FOSECO, INC. )20200 SHELDON ROADBROOK PARK, OHIO 44142
FOSTER WHEELER ENERGY CO.C/O CT CORPORATION SYATEM, S.A.)36 EAST SEVENTH STREET, # 2400CINCINNATI, OHIO 45202-4459
THE GAGE COMPANYF/K/A PITTSBURGH GAGE & SUPPLY)C/O CT CORPORATION SYSTEM, S.A.)1300 EAST NINTH STREET, # 1010CLEVELAND, OHIO 44114
GENERAL ELECTRIC CO.C/O CT CORPORATION SYSTEM, S.A.)1300 EAST 9TH STREET, # 1010CLEVELAND, OH 44114
GENERAL MOTORS, INC.C/O CT CORPORATION SYSTEM, S.A.)1300 EAST 9T" STREET, # 1010CLEVELAND, OH 44114
18
GENERAL REFRACTORIES CO.225 CITY LINE AVENUEBALA CYNWYD, PA 19004
))
GEORGE V. HAMILTON, INC.RIVER AVENUEMCKEES ROCKS, PA 15136
GEORGIA PACIFIC CORP.133 PEACHTREE STREET NEATLANTA, GEORGIA 30303
THE GOODYEAR TIRE AND RUBBER)COMPANYC/O JAMES BOYAZIS, AGENT1144 EAST MARKET STREETAKRON, OHIO 44316
GREENE TWEED & CO.P.O. BOX 305KULPSVILLE, PA 19443
OAKFABCO BOILER CORP210 WEST 22ND STREET, # 108OAKBROOK, IL 60523
THE EDWARD R. HART COMPANYP.O. BOX 6207CANTON, OHIO 44706
HEDMAN RESOURCES, LTD.C/O KENNETH S. ROBB, ESQUIRE1080 LONG RUN ROADMCKEESPORT, PA 15132
INDUS'1'RIAL HOLDINGS CORP.C/O CORP. TRUST CO., S.A.1209 ORANGE STREET
19
WILMINGTON, DE 19801
VIACOM, INC.SUCESSOR-IN-INTERESTTO CBS CORPF/K/A WESTINGHOUSE ELECTRICCORPORATION1515 BROADWAYNEW YORK, NY 10036
HERSH PACKING AND RUBBERSTEPHEN LEDBETTER, SA312 NORTH HIGH STREETCANAL WINCHESTER, OH 43310
)ERICSSON, INC.AKA ERICSSON RADIO SYSTEMSUC. IN INT.TOCONTINENTAL WIRE AND CABLE CO)AND ANACONDA WIRE AND CABLEATTN: LEGAL DEPARTMENT6300 LEGACY DRIVEPLANO,'1'X 75024
MVSAS SUC. IN INT. TOMAHNONING VALLEY SUPPLY CO.DAVID E. WILLIAMS, SA12060 MALLARDS CROSSINGPETERSBURG, OHIO 44454
NITRO INDUSTRIAL COVERINGS, INC.)P.O. BOX 900WASHINGTON, WV 26181
OGLEBAY NORTON COMPANYAND ITS DIVISION FERROENGINEERING1100 SUPERIOR AVENUE, # 2100CLEVELAND,OHIO44114
20
OHIO VALLEY INSULATING CO.C/O CT CORPORATION SYSTEM, S.A.)1300 EAST 9TH STREET, SUITE # 1010)CLEVELAND, OHIO 44114
OKONITE, INC.A DELAWARE CORPORATIONCORPORATION TRUST COMPANYCORPORATION TRUST CENTER1209 ORANGE STREETWILMINGTON, DE 19801
ROCKBESTOSSUPRENANTCABLE CORP.FKA ROCKBESTOS COMPANYA DELAWARE CORPORATIONU.S. CORPORATION COMPANY, S.A.50 WEST BROAD STREET # 1800COLUMBUS, OHIO 43215
))
MAREMONT CORPORATIONC/O CORPORATION TRUST CO., S.A. )1209 ORANGE STREETWILMINGTON, DE 19801
)GOULD PUMPS, INC.INDIVIDUALLY AND ASSUCCESSOR IN INTERESTTO WORTHINGTON PUMP CO.C/O CT CORPORATION SYSTEM, S.A.)1300 EAST 9T" STREET, # 1010CLEVELAND, OH 44114
))
MCCORD GASKET COMPANYC/O CT COROPRATION SYSTEM, S.A.)1300 EAST 9TH ST, SUITF, # 1010CLEVELAND, OHIO 44114
ESSEX WIRE COMPANY
21
IWI DIVISIONA MICHIGAN CORPORATION1601 WALL STREETFORT WAYNE, IN 46802
HONEY WELLSUC. BY MERGER TOHONEYWELL ANDALLIED SIGNAL, INC.375 NORTH LAKE STREETBOYNE CITY, MI 49712
)AKRON GASKET ANDPACKING ENTERPRISES1244 HOME AVENUEAKRON, OHIO 44310
)E.I. DUPONT DE NEMOURSAND COMPANYA DELAWARE CORPORATIONCT CORPORATION SYSTEM, S.A.1300 EAST 9TH S17tEET, # 1010CLEVELAND, OH 44114
JOHN DOES (1-200)MANUFACTURERS, SELLERS,SUPPLIERS, INSTALLERS,PROMOTERS,COMPOUNDERS, )OF ASBESTOS AND ASBESTOS-CONTAINING PRODUCTSAND MACHINERY USED, DESIGNED,)INSTALLED, IN CONJUNCTIONWITH ANDOR FOR T HE USE OF ASBESTOSAND OR )
ASBESTOS CONTAINING PRODUCTS)REAL NAMES AND ADDRESSE
)
DEFENDANTS
rACTUAL BACKGROUND
22
1. Plaintiffs worked at various job sites in Ohio with products manufactured,
distributed, processed or sold from Ohio based companies or companies doing business
in this state.
2. Defendant corporations and companies or their predecessors-in-interest
(hereinafter "Defendants") reside in this county, maintain offices in this State, have
agents in this State, and/or have done and are doing business in this State.
3. Defendants were or are miners, manufacturers, processors, distributors,
importers, converters, compounders, or merchants of asbestos, asbestos-containing
products or machinery requiring the use of asbestos and/or asbestos-containing products.
4. Defendants, acting through their servants, employees, agents and
representatives, caused asbestos and asbestos-ccmtaining niaterials to be placeci in the
stream of commerce to which Plaintiffs were exposed during their employtnent.
5. The real names and addresses of Defendants John Does 1-100 have not
been determined despite reasonable efforts of the Plaintiffs to do so.
COUNT I
6. Plaintiffs re-allege paragraphs 1 through 5 above as if fully rewritten
herein.
7. Defendants negligently produced, sold or otherwise put into the stream of
commerce asbestos and asbestos-containing products and/or machinery requiring the use
of asbestos and/or asbestos-containing products, which the Defendants knew or in the
exercise of ordinary care, ought to have known were deleterious ancl highly harmful to
Plaintiffs' health.
23
8. As the designer, developer, manufacturer, distributor and seller of the
above-described asbestos and asbestos-containing products, and/or machinery requiring
the use of asbestos and/or asbestos-containing products, Defendants owed a duty to
foreseeable users and handlers of said products, to use ordinary care in designing,
manufacturing, marketing and selling said products in such a tnanner as to render them
safe for their intended and foreseeable users.
9. Defendants negligently gave inadequate warning or instruction during and
after the time of marketing in that Defendants knew or in ttic exercise of reasonable care
should have known about the risks associated with their products and failed to provide
reasonable and/or adequate warning or instructions in light of the likelihood that the
asbestos, asbestos-containing products and/or machinery requiring the use of asbestos
and/or asbestos-containing products would cause serious physical harm to Plaintiffs.
10. Plaintiffs, as a direct and proxitnate result of Defendants' conduct, have
contracted asbestos-related diseases, asbestosis and cancers and have suffered and
continue to suffer the injuries and damages as set fortli herein.
COUNT II
11. Plaintiffs re-allege paragraphs I through 10 above as if fully rewritten
herein.
12. Although Defendants knew or in the exercise of ordinary care ought to
have known that their asbestos and asbestos-containing products and/or machinery
requiring the use of asbestos and/or asbestos-containing products were deleterious, and
highly harniful to 1'laintifl-s' health, Defendant nonetheless:
24
a) Failed to advise or warn Plaintiffs of the dangerous characteristicsof their asbestos and asbestos-containing products and/or machineryrequiring the use of asbestos and/or asbestos-containing products;
b) Failed to provide Plaintiffs with the knowtedge as to what wouldbe reasonably safe and sufficient wearing apparel and proper protectiveequipment and appliances, if any, to protect Plaintiffs froin being harmedby exposure to asbestos and asbestos-containing products and/ormachinery requiring the use of asbestos and/or asbestos-containing
products;
c) Failed to place any warnings on containers of said asbestos an(iasbestos-containing products alerting Plaintiffs of the dangers to healthcaused by contact with asbestos and asbestos-containing products and/ormachinery requiring the use of asbestos and/or asbestos-containingproducts; and
d) Failed to take reasonable precautions or to exercise reasonable careto publish, adopt and enforce a safety plan and/or a safe method ofhandling and installing asbestos and asbestos-containing products, orutilizing the macltinery requiring the use of asbestos and/or asbestos-containing products in a safe manner.
13. Defendants' products were defective due to inadequate warning or
instruction during and after the time of niarketing in that Defendants knew, or in the
exercise of reasonablc care, sltould have known about the risks associated with thcir
products and failed to provide reasonable and/or adequate warning or instructions in light
of the likelihood that the asbestos, asbestos-containing products and/or machinery
requiring the use of asbestos and/or asbestos-containing products would cause serious
physical liarm to Plaintiffs.
14. Plaintiffs, as a direct and proximate result of Defendants' conduct, have
contracted asbestos-related diseases, asbestosis and cancers and have suffered ancl
continue to suffer the injuries and damages as set forth herein and Defendants are,
25
therefore, liable, jointly and severally, to Plaintiffs in strict liability for their failure to
warn at common law and pursuant to R.C. 2307.71 et seq.
COUNT IIl
15. Plaintiffs re-allege paragraphs 1 through 14 above as if fully rewritten
herein
16. Defendants failed to design, manufacture, market, distribute and scll
asbestos and asbestos-containing products and/or machinery requiring the use of asbestos
and/or asbestos-containing products in such a manner as to render them safe for their
intended and foreseeable uses. By way of example and not limitation, Defendants:
a) Failed to design, develop, manufacture and test the asbestos,asbestos-containing products and/or machinery requiring the use ofasbestos and/or asbestos-containing products in such a manner as to renderthem safe for their intended and foreseeable users, when Defendants knewor should have known that the foreseeable use or intended purpose of theirproducts was by persons, specifically Plaintiffs, who worked with andaround said products;
b) Marketed and sold said products while the same was in aninherently and unreasonably dangerous and defective condition, presentingan ultra-hazardous risk to the Plaintiffs' well being;
c) Failed to recall or attempt to repair the defective products whenDefendants were and had been aware ol' the propensity of said products toinjure Plaintiffs; and
d) Failed to properly test said products to ensure that they werereasonably safe for use throughout their product lifetime.
17. Defendants violated the requirements of §402(A) of the Restatement of
Torts, 2d, as adopted by the Supretne Court of the State of Ohio, all of which proximately
resulted in the Plaintiffs' asbestos-related diseases.
18. Plaintiffs, as a direct and proximate result of Defendants' conduct, have
contracted asbestos-related diseases, asbestosis and cancers and have suffered and
26
continue to suffer the injuries and damages as set forth lterein and Defendants are,
tlterefore, liable, jointly and severally, to Plaintiffs in strict liability for defective design
and manufacture and/or marketing, distributing and selling a defective product at
common law and pursuant to R.C. 2307.71 et Leq.
COUNT IV
19. Plaintiffs re-allege paragraphs 1 through 18 above as if fully rewritten
herein.
20. Defendants impliedly warranted that their asbestos and asbestos-
containing products and/or machinery requiring the use of asbestos and/or asbestos-
containing products were of good and mercliantable quality and fit for the ordinary
purposes for which the products are used.
21. Plaintiffs worked in close proximity to the asbestos and asbestos-
containing products and/or machinery requiring the use of asbestos and/or asbestos-
containing products of the Defendants, and Plaintiffs' prescncc was known, or ought to
have reasonably been anticipated by the Defendants.
22. The implied warranty made by the Defendants that their asbestos and
asbestos-containing products and/or machinery requiring the use of asbestos and/or
asbestos-containing products were of merchantable quality and fit for their particular
intended use was breached in that certain harmful inatter was given off into the
atmosphere where Plaintiffs worked.
23. Plaintiffs, as a direct and proximate result of said breach of warranties,
have contracted asbestos-related diseases, asbestosis and cancers and liave suffered and
continue to suffer the injuries and damages as set forth herein.
27
COUNT V
24. Plaintiffs re-allege paragraphs 1 through 23 above as if fully rewritten
herein.
25. Plaintiffs' spouses have suffered injuries in their own right, namely, the
loss of consortium as a direct and proximate result of Defendants' acts and otnissions foi-
which Defendants are liable.
COUNT VI
26. Plaintiffs re-allege paragraphs 1 through 25 above as if fully rewritten
herein.
27. Defendants, individually and as a group, since 1929 have possessed
medical and scientific data which clearly indicates that asbestos fibers and asbestos-
containing products are hazardous to one's health. Defendants, prompted by pecuniary
motives, individually and collectively, ignoretl and intentionally failed to act upon said
medical and scientific data and conspired to deprive the public, and particularly the users
of their products, including Plaintiffs, of said medical and scientific data, and therefore
deprived Plaintiffs of the opportunity of free choice as to whether or not to expose
themselves to Defendants' asbestos and asbestos-containing products and/or machinery
requiring the use of asbestos and/or asbestos-containing protlucts; and further,
Defendants willfully, intentionally and wantonly failed to warn Plaintiffs of the serious
bodily harm which would result from the inhalation of the asbestos fibers and the dust
from their products.
28. Plaintiffs reasonably and in good faith relied upon the false and fraudulent
representations, omissions and concealments made by the Defendants regarding the
28
nature of their asbestos, asbestos-containing products and/or machinery requiring the use
of asbestos and/or asbestos-containing products.
29. The award for this Count shouhl be in such an amount as would act as a
deterrent to Defendattts and others from the future commission of like offenses and
wrongs.
30. Plaintiffs, as a direct and proximate result of Defendants' conduct, have
contracted asbestos-related diseases, asbestosis and cancers and have suffered and
continue to suffer the injuries and damages as set forth herein.
COUNT VII
31. Plaintiffs re-allege paragraphs 1 through 30 above as if fully rewritten
herein.
32. Defendants, collectively and individually, manufactured, designed,
selected, assembled, inspected, tested, maintained for sale, marketed, distributed, sold,
supplied delivered, and promoted asbestos-containing products which were generically
similar and fungible in nature and place such material into the stream of interstate
cotnmerce.
33. Plaintiffs, thorough no fault of their own, may not be able to identify all of
the manufacturers, marketers, sellers, distributors, or promoters of asbestos containing
products to which they were exposed due to the generic similarity and fungible nature of
such products as produced and promoted by Defendants.
34. Defendants are jointly and severally liable to the Plaintiffs for the injuries
and damages sustained by Plaintiffs, by virtue of industry-wide liability, enterprisc
tiability_
29
35. (a) Alternatively, Defendants constitute a substantial share of the
asbestos-containing product market where Plaintiffs worked and were exposed to
asbestos.
(b) Defendants manufactured, designed, selected, asseinbled,
inspected, tested, maintained for sale, marketed, distributed, sold, supplied, delivered, and
promoted asbestos-containing products of the kind and nature to which Plaintiffs were
exposed during the period of their employment.
36. Defendants are severally liable to Plaintiffs based upon their pro-rata
market share within the market described herein.
37. Plaintiffs, as a direct and proximate result of Defendants' conduct. have
contracted asbestos-related diseases, asbestosis and cancers and have suffered and
continue to suffer the injuries and damages as set forth herein.
COUNT VIII
38. Plaintiffs re-allege paragraphs 1 through 38 above as if fully rewritten
herein.
39. Defendants' actions, as stated herein, constitute a flagrant disregard for the
rights and safety of Plaintiffs and by engaging in such actions, Defendants acted with
fraud, recklessness, willfulness, wantonness and/or malice and should be held liable in
punitive and exemplary damages to Plaintiffs.
40. Plaintiffs, as a direct and proximate result of Defendants' conduct. havc
contracted asbestos-related diseases, asbestosis and cancers and have suffered and
continue to suffer the injuries and damages as set forth herein.
30
r
WHEREFORE: Plaintiffs, as a direct and proximate result of the
negligence and other conduct of each Defendant, have suffered and will continue to
suffer great pain, severe mental anguish including a greatly increased risk of developing
mesothelionia, bronchogenic carcinoma, or other cancerous conditions. Further, this
increased cancer risk has caused Plaintiffs to endure great mental anguish artd will
continue to cause such anguish in the future.
Plaintiffs, as a direct and proximate result of the negligence of other
conduct of each Defendant, have incurred expenses for medicat, and/or hospital, and/or
pharmaceutical, and/or surgical care and/or other expenses in an amount not yet
determined, and will continue to incur such expenses into the future.
Plaintiffs as a direct and proximate result of the negligence and other
condition of each Defendant, have suffered lost wages and a progressive loss of earning
capacity and will continue to suffer a loss of earning capacity, wages arrd other economic
damages throughout their lifetimes.
The aforesaid acts and/or ornissions of Defendants were wanton and
willful and in reckless disregard of the safety of Plaintifrs.
Plaintiffs demand judgtnent against Defendants, jointly and severally, in
an amount in excess of Twenty-five Thousand Dollars ($25,000.00) and an amount for
punitive damages, plus interest, costs and such further relief to which Plaintiffs may be
entitled.
A trial by jury is hereby demanded as to all counts
Respectfully submitted,
Christopher J. Hickey (0065416)
31
Brent Coon and AssociatesBradley Builcling, Suite # 3031220 West 6°i StreetCleveland, Ohio 44113
Tclephone: 216-241-1872
Facsimile: 216-241-1873Email: chip(u)bcoonlaw.com
Mary Brigid Sweeney (0044148)The Bradley Building, Suite # 3031220 West 61h StreetCleveland, Ohio 44113
Telephone: 216-241-1872Facs i m i l e: 216-241-1873Etnail: marybrigidCa)bcoonlaw.com
Attorneys for Plaintiffs
32
LexisNexis File & Serve - Transaction Details Page I of 1
Click to Print
Transaction 3090112
Case number: CV-04-521860
Case name: Pyrovolikos, Vasilios et al vs Aqua Chem Inc et al
Court: OH Cuyahoga County Court of Common Pleas
ludge: Hanna, Judge Harry A
Alternate judge: Sweeney, Justice Francis E
Filed only at 2/10/2004 12:06 PM EST
No calendar event scheduled
O Document List (2) Total Statutory Fees: $3720.00
Main Document, 32 pages ID: 3412235
Document type: Complaint Clerk review status/ action: Accepted
Security: Public Date reviewed: 2/10/2004
Statutoryfee: $3720.00
Document title:Brent Coon & Associates (Christopher J. Hickey / Mary Brigid Sweeney) MasterConsolidated Complaint (Asbestos) (Jury Trial Demanded) for Vasilos Pyrovolikos - et al.(33 plaintiffs) vs. Aqua-Chem Inc., etc., - et al. (94 defendants)
Document type: Exhibits Clerk review status/action: Rejected
Security: Public Date reviewed: 2/10/2004
Statutoryfee: $0.00
Document title: Case Brochures. In the cases of Vasilios Pyrovolikos t hrough Alfonse Zapolnik, et al.
G OtherTransaction Data
Transaction Comment: Financial Comment:
case range: CV-04-521860 -CV-04-521892 None
0- Sending PartiesEl Sending Parties (0)
Party Party Type Attorney Attornev Tvoe
none available
1-1 Sender Information
Submitted by: Christopher J Hickey, Coon, Brent & Associates-Cleveland
Authorizer: Christopher J Hickey, Coon, Brent & Associates-Cleveland
Firm
https://fileandserve.lexisnexis.com/Review/Print V iew.aspx?Print V iew=true &filingid index... 3/15/2007
TAB 3
IN THE COURT OF COOMON PLEASCUYAHOGA COIJNTY(ASBESTOS DOCKET)
JAMES SINNOTT, et al
Plaintiffs,
vs
AQUA-CHEM, INC. et al
Defendants
CASE NO: 04 CV 521874
JUDG E ASBESTOS: DOCKET
CORRECTEI) NO7'ICE OFVOLUN'tARY DISMISSAL OFSOME DEFENDANTS NOT ALLDEFENDANTS
Now comes plaintiff, Janies Sinnott, by and through his attorney, and pursuant to Ohio R
Civ. P. 41(a) (1) voluntarily dismisses without prejudice, Defendants Aqua-Chem, Inc., Babcock-
Borsig Power Inc, Kelly-Moore Paint Cotnpany, Uniroyal, Inc., JNO J. Disch Corporation,
Magnetek Inc., Mahoning Valley Supple Co., Mobil Oil Corp., Osram Sylvania, Inc., Pittsburgh
Metal Purifying, Pncumo-Ahex Corporation, Premier Refractories, Quiglcy Company, Record
Industrial Company, Robertson, The Rust Engineering Co., Safcty First Industries, "I'he Sager
Corporation,'fheim Corporation, Wheeler Protective Apparel fnc., Zurn Industries Inc., A7SL3.
LTD., American Optical Corporation, American Standard Inc., A.O. Sinith Corporation, Atlas
Industries, Beazer Fast Inc., Clark Industrial, Corhart Refractories, CSR Limited, Devcon
Corporation, Didicr'1'aylor Refractories, Durabla MFG Co., Durametallic Corp-, Exxon Mobil
Corporation, FB Wright Company, Fairmont Supply, Foseco Inc., Foster Wheeler Energy Co.,
The Gage Company, George V. IIamilton, Gcneral Motors Inc., The Goodyear Tire and Rubber
Company, Greene Tweed & CO., Oakfabco Boiler Corp., The Edward R. Hart Company,
Hedman Resources, L1'D., Industrial Holdings, MVS, Nitrro Industrial Coverings Inc., Oglebay
Norton Company, Ohio Valley Insulating CO., Okonite Inc., and Essex Wire Company.
The claims against the remaining defendants are to remain in full force and effect.
Respectfully Suhmitted,
/s/ Christopher Hickev
Christopher Hickey (0065416)
Brent Coon & Associates
The Bradley Building, Suite SP3031220 West Sixth StreetCleveland, Ohio 44113
Telephone: 216-241-1872Pacsimile:216-241-1873F.-mail: chi ii;bcoonlaw.com
CERTIFICATE OF SERVICE
A copy of the foregoing Corrected Notice of Voluntary Dismissal of Some Defendants
Not All Defendants was served this 5th day of April, 2004 on Lexis Ncxis File and Serve anddeemed served on all parties of record.
/s/ Christopher HickeyChristopher Hickey (0065416)I3rent Coon & AssociatesThe Bradley Building, Suite #3031220 West Sixth StreetCleveland, Ohio 44113
TAB 4
IN THE COURT OF COMMON PLEASCUYAHOGA COUNTY, OHIO
JAMES SINNOTT1525 THOMAS STREETIRONTON, OHIO 45638
and
CASE NO: CV-04-521874
JUDGE: ASBESTOS DOCKETJURY TRIAL DEMANDED
FREDA SINNOTT1525 THOMAS STREETIRONTON, OHIO 45638
Plaintifl's,VS.
)
)FIRST AMENDEDCOMPLAINTADDING NEW PARTYDEFENDANTS ANDADDING BACK NEW PARTYDEFENDANTS
))
COOPER INDUSTRIES INC.PRENTICE HALL CORPORATION SYS)800 BRAZOS STREET, # 750AUSTIN, TX 78701
CRANE CO.C/O C'I' CORPORATION, S.A.1300 EAST NINTH STREET, # 1010CLEVELAND, OHIO 44114
CROWN CORK AND SEALONE CROWN WAYPHILIDELPHIA, PA 19154
DANA CORPORATIONC/O CT CORORATION SYSTEM, S.A.1300 EAST 9TH STREET, # 1010CLEVELAND, OH 44114
DRESSER INDUSTRIES, INC.SUCCESSOR-BY-MERGER TOBROWN & ROOT HOLDINGS, INC. )
C/O CT CORPORATION, S.A.1300 EAST NINTH STREET, # 1010CLEVELAND, OHIO 44114
GARLOCK SEALINGTECHNOLOGIES LLCC.T. CORPORATION SYSTEM, S.A.1300 EAST NINTH STREET, # 1010CLEVELAND, OHIO 44114
INGERSOLL-RAND3080 NORTHEAST LOOP 323TYLER, TX 75201
)INSUL INTERNATIONAL, INC.C/O BRAD ALLISON, S.A. )139 NORTH MARKET STREETEAST PALASTINE, OHIO 44413
))
JOHN CRANE, INCC/O CT CORPORATION SYSTEM, S.A.)1300 EAST 9TH STREET, # 1010CLEVELAND, OH 44114
KENTILE FLOORS, INC.C/O SANDERS W. GROPPER31 EAST 28TH STREET, 8TH FLOORNEW YORK, NY 10016
METROPOLITAN LIFE INSURANCECOMPANYAKA METROPOLITAN INSURANCECOMPANYONE MADISON AVENUENEW YORK, NY 10010-3690
OWENS ILLINOIS, INC.C/O DAVID WARD, S.A.ONE SEAGATE PLAZATOLEDO, OHIO 43659
PFIZER, INC.C/O CT CORPORATION SYSTEM, S.A.)36 EAST 7T° STREET, # 2400CINCINNATI, OHIO 45202-4459
RAPID-AMERICAN CORP.IN ITS OWN RIGHT AND ASSUC. IN INT. TO AND LIABLE FORPHILIP CAREY CORPORATIONC/O CORPORATION SERVICE CO.2711 CENTERVILLE RD, # 400WILMINGTON, DE 19808
))
RILEY STOKER CORPORATIONC/O C.T. SYSTEMS CORP., S.A.1300 EAST 9TH STREET, SUITE # 1010)CLEVELAND, OHIO 44114
))
RPM, INC.IN ITS OWN RIGHT AND ASSUCCESSOR IN INTEREST TOREPUBLIC POWDERED METALS, INC.)BONDEX INTERNATIONAL, INC.AND PROKO INDUSTRIES50 WEST BROAD STREET, # 1800COLUMBUS, OH 43215
P.R. SUSSMAN COMPANYFKA SUSSMAN ASBESTOS COMI'ANY)13100 ECKER JUNCTION ROADPERRYSBURG, OHIO 43551
))
TASCO INSULATION, INC.THE ASBESTOS SERVICE COMPANY)C/O GALLAGHER, SHARP FULTONAND NORMANSEVENTH FLOOR, BULKLEYBUILDING1501 EUCLID AVENUEPLAYHOUSESQUARE
CLEVELAND, OHIO 44115-2108
UNION BOILER COMPANYC/O ROBERT PENNINGTON, SAP.O. BOX 429NITRO, WV 25143-0429
))
UNION CARBIDE CORPORATIONC.T. CORPORATION SYSTEM, S.A.1300 EAST 9T° STREET, # 1010CLEVELAND, OH 44114
ALLIED GLOVE CORPORATIONP.O. BOX 2126MILWAUKEE, WI 53201
ARGO PACKING COMPANYBOX 66OAKMONT, PA 15139
))
GOODRICH CORPORATIONC/O CSC LAWYERS INC.STATUTORY AGENT50 WEST BROAD STREETCOLUMBUS, OHIO 43215
))
BONDEX INTERNATIONALC/O PAUL A. GRANZIER2628 PEARL ROADMEDINA, OHIO 44256
BORG-WARNER CORP.1'HE CORPORATION TRUST CO. S.A.1209 ORANGE STREETWILMINGTON, DE 19801
CERTAINTEED CORP. )C/O CT CORPORATION SYS., S.A.1300 EAST NINTH STREET,
S U ITE # 1010CLEVELAND, OHIO 44114
)
)ILLINOIS TOOL WORKS, INC.30 ENDICOTT STREETDANVERS, MA 01923
)RHI REFRACTORIES HOLDING CO.50TH FLOOR, 600 GRANT STREETPITTSBURGH, PA 15219
THE FLINTKOTE COMPANYTHREE EMBARCADERO CENTERSUITE 1190SAN FRANCISCO, CA 94111
)
GENERAL ELECTRIC CO.C/O CT CORPORATION SYSTEM, S.A.)1300 EAST 9TIi STREET, # 1010CLEVELAND, OH 44114
GENERAL REFI2ACTORIES CO.225 CITY LINE AVENUEBALA CYNWYD, PA 19004
)))
GEORGIA PACIFIC CORP.133 PEACHTREE STREET NEATLANTA, GEORGIA 30303
VIACOM, INC.S U C ES SOR-IN-INTERESTTO CBS CORPF/K/A WESTINGHOUSE ELECTRICCORPORATION1515 BROADWAYNEW YORK, NY 10036
HERSH PACKING AND RUBBERSTEPHEN LEDBETTER, SA312 NORTH HIGH STREETCANAL WINCHESTER, OH 43310
ERICSSON, INC.AKA ERICSSON RADIO SYSTEMSUC. IN INT.TOCONTINENTAL WIRE AND CABLE CO)AND ANACONDA WIRE AND CABLE )ATTN: LEGAL DEPARTMENT6300 LEGACY DRIVEPLANO, TX 75024
)ROCKBESTOS SUPRENANT )CABLE CORP.FKA ROCKBESTOS COMPANYA DELAWARE CORPORATIONU.S. CORPORATION COMPANY, S.A.50 WEST BROAD STREET # 1800COLUMBUS, OHIO 43215
MAREMONT CORPORATIONC/O CORPORATION TRUST CO., S.A. )1209 ORANGE STREETWILMINGTON, DE 19801
GOULD PUMPS, INC.C/O JAMES E DURKIN, S.A.1761 HIGHLAND DRIVETWINSBURGH, OH 44087
MCCORD GASKET COMPANYC/O CT COROPRATION SYSTEM, S.A.)1300 EAST 9TH ST, SUITE # 1010CLEVELAND, OHIO 44114
HONEYWELLSUC. BY MERGER TOHONEYWELL ANDALLIED SIGNAL, INC.375 NORTH LAKE STREETBOYNE CITY, MI 49712
)AKRON GASKET ANDPACKING ENTERPRISES1244 HOME AVENUEAKRON, OHIO 44310
)E.I. DUPONT DE NEMOURSAND COMPANYA DELAWARE CORPORATIONCT CORPORATION SYSTEM, S.A.1300 EAST 9T" STREET, # 1010CLEVELAND, OH 44114
JOHN DOES (1-200)MANUFACTURERS,SELLERS,SUPPLIERS, INSTALLERS,PROMOTERS,COMPOUNDERS, )OF ASBESTOS AND ASBESTOS-CONTAINING PRODUCTSAND MACHINERY USED, DESIGNED,)INSTALLED, IN CONJUNCTIONWITH AND )OR FOR THE USE OF ASBESTOSAND OR )
ASBESTOS CONTAINING PRODUCTS)REAL NAMES AND ADDRESSE
DEFENDANTS
AND
PNEUMO-ABEX CORPORATIONCORPOIZATION SERVICE CO.11 SOIJTH 12r" STREETP.O. BOX 1463RICHMOND, VA 23218
AMERICAN OPTICAL CORP.C/O CT CORPORATION SYSTEM, SAI01 FEDERAL STREE"T, SUITE 300BOSTON, MA 02110
A.O. SMITH CORPORATIONIN ITS OWN RIGHT AND AS SUC. ININTS. TO THE CLARK CONTROLLER)COMPANY AND AO SMITH CORP.C/O PRENTICE HALL CORP., SA50 WEST BROAD STREET, STE. 1800COLUMBUS, OHIO 43215
GENERAL MOTORS CORPORATION )C/O CT CORPORATION SYSTEM1300 EAST 9TH STREET, SUITE 1010CLEVELAND, OHIO 44114
)OKONITE, INC. )A DELAWARE CORPORATIONC/O THE CORPORATION TRUSTCOMPANY, SA )1209 ORANGE STREETWILMINGTON, DE 19801
ESSEX WIRE COMPANYIWI DIVISIONA MICHIGAN CORPORATION1601 WALL STREETFORT WAYNE,1N46802
HONEYWELL INTERNATIONAL, INC.FKA ALLIED SIGNAL, INC.FKA BENDIX CORP.C/O CSC LAWYERS INCORPORATINGSERVICESCORPORATION SERVICE CO.50 WEST BROAD S'I'REETCOLUMBUS, OH 43215
NEW PARTYADDED BACK DEFENDANTS
AND
GENUINE PARTS COMPANYINDIVIDUALLY AND ASAS ULTIMATE PARENT TO
NAPA AUTO PARTSC/O GRANT MORRIS, S.A.2665 WEST DUBLIN GRANVLE ROAD)COLUMBUS, OHIO 43235
ALLIED SIGNAL, INC.375 NORTH LAKE STREETBOYNE CITY, MI 49712
A.W. CHESTERTON COMPANYA MASSACHUSETTS CORPORATION)MIDDLESEX INDUSTRIAL PARKROUTE 93STONEHAM, MA 02180
ANCHOR PACKING COMPANYA DELAWARE CORP.C/O CT CORPORATION SYSTEM1635 MARKET STREETPHILADELPHIA, PA 19103
)HALLIBURTON COMPANYSUCCESSOR IN INTEREST TODRESSER INDUSTRIES INC.3600 LINCOLN PLAZA 500 NAKARD STREETDALLAS, TEXAS 75201
)GEORGIA PACIFIC CORP.133 PEACHTREE STREET, NEATLANTA, GA 30303
NAPA AUTO PARTSDAVIS AND WILMAR, INC.609 EPSILON DRIVEPITTSBURGH, PA 15238
A C DELCOP.O. BOX 6020GRAND BLANC, MI 48480
FORD MOTOR COMPANYCT CORPORATION SYSTEM, S.A. )1300 EAST 9T11 STREET, SUITE 11)10 )
CLEVELAND, OHIO 44114
KELSEY HAYES COMPANYA DELAWARE CORP.28016 OAKLAND OAKS COURTSWIXOM, MI 48393
GOULD PUMPS, INC.IND. TO WORTIIINGTON PUMP CO.C/O CT CORPORATION SYSTEM, SA1635 MARKET STREET, SUITE 1120PIIILADELPHIA, PA 19103
ROBBINS & MYERS, INC1400 KETTERING TOWERDAYTON, OHIO 45423
FAIRBANKS MORSE PUMP CORP.3601 FAIRBANKS AVENUEKANSAS CITY, KS 66106
ALLIS CHALMERS CORP.C/O MARGARET BARR BRUEMMER1001 W. GLEN OAKS LNMEQUIN, WI 53092
APPLETON ELECTRIC COMPANYC/O PATRICK HENRY701 WEST WELLINGTON AVENUECHICAGO, IL 60657
EMERSON ELECTRIC COMPANYA MISSOURI CORP.C/O C1' CORPORATION SYSTEM441 VINE STREET, SUITE 3180CINCINNATI, OHIO 45202RADIX WIRE COMPANY25109 DETROIT ROAD, SUITE 300WESTLAKE, OHIO 44145
CAIZOL WIRE & CABLE COMPANYDBA CREST CO. & MILLERELECTRIC COMPANY50 WEST BROAD STREET, STE. 1800COLUMBUS, OHIO 43215
PHELPS DODGEONE NOI2TH CENTIiAL AVENUEPHOENIX, AZ 85004
JOY GLOBAL INC.AS SUC. IN INTEREST TO P & HLEXIS DOCUMENT SERVICE INC.30 OLD RUDNICK LAND, SUITE 100DOVER, DELAWARE 19901
)AJAX BOILER & HEATER COMPANY)A MACDONALD CORP.2701 SOUTH HARBOR BLVD.SANTA ANA, CA 92704
)WAGNER PUMPSADDRESS NOT FOUND
DELEVALADDRESS NOT FOUND
WEST VIRGINIA ELECTRIC CO.ADDRESS NOT FOUND
)STATE ELECTRIC COMPANYADDRESS NOT FOUND
JOHN DOES ( 1-200)MANUFACTURERS,SELLERS,SUPPLIERS, INSTALLERS,PROMOTERS,COMPOUNDERS, )OF ASBESTOS AND ASBESTOS-CONTAINING PRODUCTSAND MACHINERY USED, DESIGNED,)INSTALLED, IN CONJUNCTIONWITH AND OR FOR THE USE OFASBESTOS AND ORASBESTOS CONTAINING PRODUCTS)REAL NAMES AND ADDRESSESUNKNOWN
NEW PARTY DEFENDANTS
)
FACTUAL BACKGROUND
1. Plaintiffs worked at various job sites in Ohio with products manufactured,
distributed, processed or sold from Ohio based companics or companies doing business
in this state.
2- Defendant corporations and companies or their predecessors-in-interest,
New Party Defendants, and Added Back New Party Defendants (hereinafter
"Defendants") reside in this county, maintain offices in this State, have agents in this
State, and/or have done and are doing business in this State.
3. Defendants were or are tniners, manufacturers, processors, distributors,
importers, converters, compounders, or merchants of asbestos, asbestos-containing
products or machinery requiring the use of asbestos and/or asbestos-containing products.
4. Defendants, acting through their servants, employees, agents and
representatives, caused asbestos and asbestos-containing materials to be placed in the
stream of commerce to which Plaintiffs were exposed during their employment.
5. The real names and addresses of Defendants John Does 1400 have not
been determined despite reasonable efforts of the Plaintiffs to do so.
COUNT I
6. Plaintiffs re-allege paragraphs 1 through 5 above as if fully rewritten
herein.
7. Defendants negligently produced, sold or otherwise put into khe stream of
commerce asbestos and asbestos-containing products and/or machinery requiring the usc
of asbestos and/or asbestos-containing products, which the Defendants knew or in the
exercise of ordinary care, ought to have known were deleterious and Iighly harmful to
Plaintiffs' health.
8. As the designer, developer, manufacturer, distributor and seller of the
above-described asbestos and asbestos-containing products, and/or machinery requiring
the use of asbestos and/or asbestos-containing products, Defendants owed a duty to
foreseeable users and handlers of said products, to use ordinary care in designing,
manufacturing, tnarketing and selling said products in such a manner as to render them
safe for their intended and foreseeable users.
9. Defendants negligently gave inadequate warning or instruction during and
after the time of tnarketing in that Defendants knew or in the exercise of reasonable care
should have known about the risks associated with their products and failecl to provide
reasonable and/or adequate warning or instructions in light of the likelihood that the
asbestos, asbestos-containing products and/or machinery requiring the use of asbestos
and/or asbestos-containing products would cause serious physical harm to Plain[iffs.
10. Plaintiffs, as a direct and proximate result of Defendants' conduct, ltave
contracted asbestos-related diseases, asbestosis and cancers and have suffered and
continue to suffer the injuries and damages as set forth herein.
COUNT II
11. Plaintiffs re-allege paragraphs 1 tltrough 10 above as if fully rewritten
herein.
12. Although Defendants knew or in the exercise of ordinary care ought to
ltave known that their asbestos and asbestos-containing products and/or machinery
requiring the use of asbestos and/or asbestos-containing products were deleterious, an(i
Itigltly harmful to Plaintiffs' health, Defendant nonetheless_
a) Failed to advise or warn Plaintiffs of the dangerous characteristicsof their asbestos and asbestos-containing products and/or machineryrequiring the use of asbestos and/or asbestos-containing products;
b) Failed to provide Plaintiffs with the knowledge as to what wouldbe reasonably safe and sufficient wearing apparel and proper protectiveequipment and appliances, if any, to protect Plaintiffs from being harniedby exposure to asbestos and asbestos-containing products and/ormachinery requiring the use of asbestos and/or asbestos-containingproducts;
c) Failed to place any warnings on containers of said asbestos andasbestos-containing products alerting Plaintiffs of the dangers to healthcaused by contact with asbestos and asbestos-containing products and/ormachinery requiring the use of asbestos and/or asbestos-containingproducts; and
d) Failed to take reasonable precautions or to exercise reasonable careto publish, adopt and enforce a safety plan and/or a safe method ofhandling and installing asbestos and asbestos-containing products, orutilizing the machinery requiring the use of asbestos and/or asbestos-containing products in a safe manner.
13. Defendants' products were defective due to inadequate warning or
instruction during and after the time of marketing in that Defendants knew, or in the
exercise of reasonable care, should have known about ttte risks associated with their
products and failed to provide reasonable and/or adequate warning or instructions in light
of the likelihood that the asbestos, asbestos-containing products and/or machinery
requiring the use of asbestos and/or asbestos-containing products would cause serious
physical harm to Plaintiffs.
14. Plaintiffs, as a direct and proximate result of Defendants' conduct, havc
contracted asbestos-related diseases, asbestosis and cancers and have suffered and
continue to suffer the injuries and damages as set forth herein and Defendants arc,
therefore, liable, jointly and severally, to Plaintiffs in strict liability for their failure to
warn at common law and pursuant to R.C. 2307.71 et M.
COUNT III
15. Plaintiffs re-allege paragraphs 1 through 14 above as if fully rewritten
herein.
16. Defendants failed to design, manufacture, market, distribute and sell
asbestos and asbestos-containing products and/or machinery requiring the use of asbestos
and/or asbestos-containing products in such a manner as to render them safe for their
intended and foreseeable uses. By way of example and not limitation, Defendants:
a) Failed to design, develop, manufacture and test the asbestos,asbestos-containing products and/or machinery requiring the use ofasbestos and/or asbestos-containing products in such a manner as to renderthem safe for their intended and foreseeable users, when Defendants knewor should have known that the foreseeable use or intended purpose of theirproducts was by persons, specifically Plaintiffs, who worked with andaround said products;
b) Marketed and sold said products while the same was in aninherently and unreasonably dangerous and defective condition, presentingan ultra-hazardous risk to the Plaintiffs' well being;
c) Failed to recall or attempt to repair the defective products whenDefendants were and had been aware of the propensity of said products toinjure Plaintiffs; and
d) Failed to properly test said products to ensure that they werereasonably safe for use throughout their product lifetime.
17. Defendants violated the requirements of §402(A) of the Restatement of
Torts, 2d, as adopted by the Supreme Court of the State of Ohio, all of whicli proximatcly
resulted in the Plaintiffs' asbestos-related diseases.
18. Plaintiffs, as a direct and proximate result of Defendants' conduct. have
contracted asbestos-related diseases, asbestosis and cancers and have suffered and
continuc to suffer the injuries and damages as set forth herein and Defendants are,
therefore, liable, jointly and severally, to Plaintiffs in strict liability for defective design
and manufacture and/or marketing, distributing and selfing a defective product at
common law and pursuant to R.C. 2307.71 ct sey.
COUNT IV
19. Plaintiffs re-allege paragraplrs I through 18 above as if fully rewritten
herein
20. Defendants impliedly warranted that their asbestos and asbestos-
containing products and/or machinery requiring the use of asbestos and/or asbestos-
containing products were of good and merchantable quality and fit for the ordinary
purposes for which the products are used.
21. Plaintiffs worked in close proximity to the asbestos and asbestos-
containing products and/or machinery requiring the use of asbestos and/or asbestos-
containing products of the Defendants, and Plaintiffs' presence was known, or ought to
liave reasonably been anticipated by the Defendants.
22. The implied warranty made by the Defendants that their asbestos and
asbestos-containing products and/or machinery requiring the use of asbestos and/or
asbestos-containing products were of inerchantable quality and fit for their particular
intended use was breached in that certain harmful matter was given off into the
atmosphere where Plaintiffs worked.
23. Plaintiffs, as a direct and proximate result of said breach of warranties,
have contracted asbestos-related diseases, asbestosis and cancers and have suffereci and
continue to suffer the injuries and damages as set forth herein.
COUNT V
24. Plaintiffs re-allege paragraphs 1 through 23 above as if fully rewritten
herein.
25. Plaintiffs' spouses have suffered injuries in their own right, namely, the
loss of consortium as a direct and proximate result of Defendants' acts and omissions for
which Defendants are liable.
COUNT VI
26. Plaintiffs re-allege paragraphs 1 through 25 above as if fully rewritten
herein.
27. Defendants, individually and as a group, since 1929 have possessed
medical and scientific data which clearly indicates that asbestos fibers and asbestos-
containing products are hazardous to one's health. Defendants, prompled by pecuniary
motives, individually and collectively, ignored and intentionally failed to act upon said
medical and scientific data and conspired to deprive the public, and particularly the users
of their products, including Plaintiffs, of said medical and scientific data, and therefore
deprived Plaintiffs of the opportunity of free choice as to whether or not to expose
themselves to Defendants' asbestos and asbestos-containing products and/or machinery
requiring the use of asbestos and/or asbestos-containing products; and I'urther,
Defendants willfully, intentionally and wantonly failed to warn Plaintiffs of the serious
bodily harin which would result from the inhalation of the asbestos fibers and the dust
from their products.
28. Plaintiffs reasonably and in good faith relied upon the false and fraudulent
representations, omissions and concealments made by the Defendants regarding the
nature of their asbestos, asbestos-containing products and/or machinery requiring thc usc
of asbestos and/or asbestos-containing products.
29. The award for this Count should be in such an amount as would act as a
deterrent to Defendants and others from the future commission of like offenses and
wrongs.
30. Plaintiffs, as a direct and proximate result of Defendants' conduct, have
contracted asbestos-related diseases, asbestosis and cancers and have suffered and
continue to suffer the injuries and damages as set forth herein.
COUNT VII
31. Plaintiffs re-allege paragraphs I through 30 above as if fully rewritten
herein.
32. Defendants, collectively and individually, manufactured, designed,
selected, assembled, inspected, tested, maintained for sale, marketed, distributed, sold,
supplied delivered, and proinoted asbestos-containing products which were generically
similar and fungible in nature and place such material into the streain of interstate
commerce.
33. Plaintiffs, thorough no fault of their own, may not be able to identify all of
the manufacturers, marketers, sellers, distributors, or promoters of asbestos containing
b
products to which they were exposed due to the generic similarity and fungible nature of
such products as produced and promoted by Defendants.
34. Defendants are jointly and severally liable to the Plaintiffs for the injuries
and damages sustained by Plaintiffs, by virtue of industry-wide liability, enterprise
liability.
35. (a) Alternatively, Defendants constitute a substantial share of the
asbestos-containing product market where Plaintiffs worked and were exposed to
asbestos.
(b) Defendants manufactured, designed, selected, assembled,
inspected, tested, maintained for sale, marketed, distributed, sold, supplied, delivered, and
promoted asbestos-containing products of the kind and nature to which Plaintiffs were
exposed during the period of their employment.
36. Defendants are severally liable to Plaintiffs based upon their pro-rata
market share within the market described herein.
37. Plaintiffs, as a direct and proximate result of Defendants' conduct, have
contracted asbestos-related diseases, asbestosis and cancers and have suffered and
continue to suffer the injuries and damages as set forth herein.
COUNT VIII
38. Plaintiffs re-allege paragraphs 1 through 38 above as if fully rewritten
herein.
39. Defendants' actions, as stated herein, constitute a flagrant disregard for the
rights and safety of Plaintiffs and by engaging in such actions, Defendants acted witlt
fraud, recklessness, willfulness, wantonness and/or malice and should be held liable in
punitive and exemplary damages to Plaintiffs.
40. Plaintiffs, as a direct and proximate result of Defendants' conduct, have
contracted asbestos-related diseases, asbestosis and cancers and have suffered and
continue to suffer the injuries and damages as set forth herein.
WHEREFORE: Plaintiffs, as a direct and proximate result ol' thc
negligence and other conduct of each Defendant, have suffered and will continue to
suffer great pain, severe mental anguish including a greatly increased risk of developing
mesothelioma, bronchogenic carcinoma, or other cancerous conditions. Further, this
increased cancer risk has caused Plaintiffs to endure great mental anguish anci will
continue to cause such anguish in the future.
Plaintiffs, as a direct and proximate result of the negligence of other
conduct of each Defendant, have incurred expenses for medical, and/or hospital, and/or
pharmaceutical, and/or surgical care and/or other expenses in an amount not yet
determinecl, and will continue to incur such expenses into the future.
Plaintiffs as a direct and proximate result of the negligence and other
condition of each Defendant, have suffered lost wages and a progressive loss ol' earning
capacity and will continue to suffer a loss of earning capacity, wages and other econoinic
damages throughout their lifetimes,
The aforesaid acts and/or omissions of Defendants werc wanton and
willful and in reckless disregard of the safety of Plaintiffs.
Plaintiffs demand judgment against Dcfendants, jointly and severally, in
an amount in excess of Twenty-five Thousand Dollars ($25,000.00) and an amount for
punitive damages, plus interest, costs and such further relief to which Plaintiffs may be
entitled.
A trial by jury is hereby demanded as to all counts
Respectfully submitted,
/s/ Christopher J. HickeyChristopher J. Hickey (0065416)Brent Coon and AssociatesBradley Building, Suite # 3031220 West 6'h StreetCleveland, Ohio 44113
Telephone: 216-241-1872Facsimile: 216-241-1873Email: chip(a:bcoonlaw.com
/s/ Carolyn Kaye RankeCarolyn Kaye Ranke (043735)Brent Coon and AssociatesThe Bradley Building, # 3031220 West 6'h StreetCleveland, OH 44113Telephone: 216-241-1872Facsimile: 216-241-1873Email: kave(o)bcoonlaw.com
Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
I certify that a copy of Plaintiffs Motion for Leave to File First AmendedComplaint, with attached Plaintiffs' First Amended Complaint was served on CuyahogaCounty's File and Serve System this 22"d of December, 2004 and deemed served on allpa rties. •
Respectfully submitted,
/s/ Christopher J. HickeyChristopher J. Hickey (0065416)Brent Coon and AssociatesThe Bradley Building, N 3031220 West 6" StreetCleveland, OH 44113"lelephone:216-241-1872Facsiniile: 216-241-1873Email: chip a bcoonlaw.com
/s/ Carolyn Kaye RankeCarolyn Kaye Ranke(043735)Brent Coon and AssociatesThe Bradley Building,# 3031220 West 61 " StreetCleveland, OH 44113Teleplione: 216-241-1872Facsimile: 216-241-1873Email: kayerdbcoonlaw.com
TAB 5
IN THE COURT OF COMMON PLEASCUYAHOCA COUNTY, OHIO
JAMES SINNOTT ) CASE NO: CV-04-5218741525 THOMAS STREETIRONTON, OHIO 45638 ) JUDGE: ASBESTOS DOCKET
JURY TRIAL DEMANDEDand )
)FREDA SINNOTT )1525 THOMAS STREETIRONTON, OHIO 45638
)Plaintiffs, ) SECOND AMENDED
vs. ) COMPLAINTSUBSTITUTING NEWPARTYDEFENDANTS
COOPER INDUSTRIES INC.PRENTICE HALL CORPORATION SYS)800 BILAZOS STREET, # 750AUSTIN, TX 78701
CRANE CO.C/O CT CORPORATION, S.A. )1300 EAST NINTH STREET, # 1010CLEVELAND, OHIO 44114
CROWN CORK AND SEALONE CROWN WAYPHILIDELPHIA, PA 19154
DANA CORPORATIONC/O CT CORORATION SYSTEM, S.A.1300 EAST 9Tn STREET, # 1010
CLEVELAND, OH 44114
))
DRESSER INDUSTRIES, INC.SUCCESSOR-BY-MERGER TOBROWN & ROOT HOLDINGS, INC. )C/O CT CORPORATION, S.A.1300 EAST NINTH STREET, # 1010CLEVELAND, OHIO 44114
GARLOCK SEALING1'ECHNOLOGIES LLCC.T. CORPORATION SYSTEM, S.A.1300 EAST NINTH STREET, # 1010CLEVELAND, OHIO 44114
INGERSOLL-RAND3080 NORTHEAST LOOP 323TYLER, TX 75201
)INSUL INTERNATIONAL, INC. )C/O BRAD ALLISON, S.A. )139 NORTH MARKET STREETEAST PALASTINE, OHIO 44413
JOHN CRANE, INCC/O CT CORPORATION SYSTEM, S.A. )1300 EAS'1' 9TH STREET, # 1010CLEVELAND, OH 44114
KENTILE FLOORS, INC.C/O SANDERS W. GROPPER31 EAST 28TH STREET, 8TH FLOORNEW YORK, NY 10016
METROPOLITAN LIFE INSURANCECOMPANYAKA METROPOLITAN INSUIL4NCECOMPANYONE MADISON AVENUI'sNEW YORK, NY 10010-3690
OWENS ILLINOIS, INC.C/O DAVID WARD, S.A.ONE SEAGATE PLAZATOLEDO, OHIO 43659
PFIZER, INC.C/O CT CORPORATION SYSTEM, S.A.)36 EAST 7TH STREET, # 2400CINCINNATI, OHIO 45202-4459
))
RAPID-AMERICAN CORP.IN ITS O W N RIGHT AND ASSUC. IN INT. TO AND LIABLE FORPHILIP CAREY CORPORATIONC/O CORPORATION SERVICE CO.2711 CENTERVILLE RD, # 400WILMINGTON, DE 19808
))
RILEY STOKER CORPORATIONC/O C.T. SYSTEMS CORP., S.A.1300 EAST 9TH STREET, SUITE # 1010)CLEVELAND, OHIO 44114
))
RPM, INC.IN ITS OWN RIGHT AND ASSUCCESSOR IN INTEREST TOREPUBLIC POWDERED METALS, INC.)BONDEX INTERNATIONAL, INC. )AND PROKO INDUSTRIES50 WEST BROAD STREET, # 1800COLUMBUS, OH 43215
))
P.R. SUSSMAN COMPANYFKA SUSSMAN ASBESTOS COMPANY)13100 ECKER JUNCTION ROADPERRYSBURG, OHIO 43551
TASCO INSULATION, INC.THE ASBESTOS SERVICE COMPANY)
C/O GALLAGHER, SHARP FULTONAND NORMANSEVENTH FLOOR, BULKLEYBUILDING1501 EUCLID AVENUEPLAYHOUSESQUARECLEVELAND, OHIO 44115-2108
UNION BOILER COMPANYC/O ROBERT PENNINGTON, SAP.O. BOX 429NITRO, WV 25143-0429
))
UNION CARBIDE CORPORATIONC.T. CORPORATION SYSTEM, S.A.1300 EAST 9TH STREET, # 1010CLEVELAND, OH 44114
ALLIED GLOVE CORPORATIONP.O. BOX 2126MILWAUKEE, WI53201
))
ARGO PACKING COMPANYBOX 66 )OAKMONT, PA 15139
GOODRICH CORPORATIONC/O CSC LAWYERS INC.STATUTORY AGENT50 WEST BROAD STREETCOLUMBUS, OHIO 43215
BONDEX INTERNATIONALC/O PAUL A. GRANZIER2628 PEARL ROADMEDINA, OHIO 44256
))
BORG-WARNER CORP.THE CORPORATION TRUST CO. S.A. )
1209 ORANGE STREETWILMINGTON, DE 19801
)CERTAINTEED CORP. )C/O CT CORPORATION SYS., S.A.1300 EAST NINTH STREET,SUITE # 1010CLEVELAND, OHIO 44114
ILLINOIS TOOL WORKS, INC.30 ENDICOTT STREETDANVERS, MA 01923
)RHI REFRACTORIES HOLDING CO.50TH FLOOR, 600 GRANT STREETPITTSBURGH, PA 15219
THE FLINTKOTE COMPANYTHREE EMBARCADERO CENTERSUITE 1190SAN FRANCISCO, CA 94111
)
GENERAL ELECTRIC CO.C/O CT CORPORATION SYSTEM, S.A.)1300 EAST 9TH STREET, # 1010CLEVELAND, OH 44114
))
GENERAL REFRACTORIES CO.225 CITY LINE AVENUEBALA CYNWYD, PA 19004
)GEORGIA PACIFIC CORP.133 PEACHTREE STREET NEATLANTA, GEORGIA 30303
)
VIACOM, INC.SUCESSOR-IN-INTERESTTO CBS CORP
F/K/A WESTINGHOUSE ELECTRICCORPORATION1515 BROADWAYNEW YORK, NY 10036
HERSH PACKING AND RUBBERSTEPHEN LEDBETTER, SA312 NORTH HIGH STREETCANAL WINCHESTER, OH 43310
ERICSSON, INC.AKA ERICSSON RADIO SYSTEMSUC. IN INT.TO )CONTINENTAL WIRE AND CABLE CO)AND ANACONDA WIRE AND CABLEATTN: LEGAL DEPARTMENT6300 LEGACY DRIVEPLANO, TX 75024
)ROCKBESTOSSUPRENANTCABLE CORP.FKA ROCKBESTOS COMPANYA DELAWARE CORPORATIONU.S. CORPORATION COMPANY, S.A.50 WEST BROAD STREET # 1800COLUMBUS, OHIO 43215
MAREMONT CORPORATIONC/O CORPORATION TRUST CO., S.A. )12119 ORANGE STREETWILMINGTON, DE 19801
)GOULD PUMPS, INC.C/O JAMES E DURKIN, S.A.1761 HIGHLAND DRIVETWINSBURGH, OH 44087
MCCORD GASKET COMPANYC/O CT COROPRATION SYSTEM, S.A.)1300 EAST 9TH ST, SUITE # 1010CLEVELAND, OHIO 44114
)
HONEYWELLSUC. BY MERGER TOHONEYWELL ANDALLIED SIGNAL, INC.375 NORTH LAKE STREET )BOYNE CITY, MI 49712
)AKRON GASKET ANDPACKING ENTERPRISES1244 HOME AVENUEAKRON, OHIO 44310
)E.I. DUPONT DE NEMOURSAND COMPANYA DELAWARE CORPORATIONCT CORPORATION SYSTEM, S.A.1300 EAST 9TH STREET, # 1010CLEVELAND, OH 44114
)JOHN DOES (1-200)MANUFACTURERS, SELLERS,SUPPLIERS, INSTALLERS,PROMOTERS,COMPOUNDERS,OF ASBESTOS AND ASBESTOS-CONTAINING PRODUCTSAND MACHINERY USED, DESIGNED,)INSTALLED, IN CONJUNCTIONWITH ANDOR FOR THE USE OF ASBESTOSAND ORASBESTOS CONTAINING PRODUCTS)REAL NAMES AND ADDRESSE
)
)
PNEUMO-ABEX CORPORATIONCORPORATION SERVICE CO.11 SOUTH 12TH STREETP.O. BOX 1463 )RICHMOND, VA 23218
AMERICAN OPTICAL CORP.C/O CT CORPORATION SYSTEM, SA )
101 FEl)ER4L STREET, SUPCE 300BOSTON, MA 02110
A.O. SMITH CORPORATIONIN ITS OWN RIGHT AND AS SUC. ININTS. TO THE CLARK CONTROLLER)COMPANY AND AO SMITH CORP.C/O PRENTICE HALL CORP., SA50 WEST BROAD STREET, STE. 1800COLUMBUS, OHIO 43215
))
GENERAL MOTORS CORPORATION )C/O CT CORPORATION SYSTEM1300 EAST 9TH STREET, SUITE 1010CLEVELAND, OHIO 44114
)OKONITE, INC.A f)ELAWARE CORPORATIONC/O THE CORPORATION TRUSTCOMPANY, SA1209 ORANGE STREETWILMINGTON, DE 19801
))
ESSEX WIRE COMPANYIWI DIVISIONA MICHIGAN CORPORATION1601 WALL STREETFORT WAYNE, IN46802
)HONEYWELL INTERNATIONAL, INC.FKA ALLIED SIGNAL, INC.FKA BENDIX CORP.C/O CSC LAWYERS INCORPORATINGSERVICESCORPORATION SERVICE CO.50 WEST BROAD STREETCOLUMBUS, OH 43215
GENUINE PARTS COMPANYINDIVIDUALLY AND ASAS ULTIMATE PARENT TONAPA AUTO PARTS
C/O GRANT MORRIS, S.A.2665 WEST DUBLIN GRANVLE ROAD)COLUMBUS, OHIO 43235
ALLIED SIGNAL, INC.375 NORTH LAKE STREETBOYNE CITY, MI 49712 )
)A.W. CHESTERTON COMPANYA MASSACHUSETTS CORPORATION )MIDDLESEX INDUSTRIAL PARKROUTE 93STONEHAM, MA 02180
ANCHOR PACKING COMPANYA DELAWARE CORP.C/O CT CORPORATION SYSTEM1635 MARKET STREETPHILADELPHIA, PA 19103
)HALLIBURTON COMPANYSUCCESSOR IN INTEREST TODRESSER INDUSTRIES INC.3600 LINCOLN PLAZA 500 NAKARDSTREETDALLAS, TEXAS 75201
GEORGIA PACIFIC CORP.133 PEACHTREE STREET, NEATLANTA, GA 30303
NAPA AUTO PARTSDAVIS AND WILMAR, INC.609 EPSILON DRIVEPITTSBURGH, PA 15238
A C DELCO )P.O. BOX 6020GRAND BLANC, MI 48480
FORD MOTOR COMPANYCT CORPORATION SYSTEM, S.A. )1300 EAST 9T° STREET, SUITE 1010CLEVELAND, OHIO 44114
KELSEY HAYES COMPANYA DELAWARE CORP.28016 OAKLAND OAKS COURTSWIXOM, MI 48393
GOULD PUMPS, INC.IND. TO WORTHINGTON PUMP CO.C/O CT CORPORATION SYSTEM, SA1635 MARKET STREET, SUITE 1120PHILADELPHIA, PA 19103
ROBBINS & MYERS, INC1400 KETTERING TOWERDAYTON, OHIO 45423
FAIRBANKS MORSE PUMP CORP.3601 FAIRBANKS AVENUEKANSAS CITY, KS 66106
ALLIS CHALMERS CORP.C/O MARGARET BARR BRUEMMER )1001 W. GLEN OAKS LNMEQUIN, WI 53092
)APPLETON ELECTRIC COMPANYC/O PATRICK HENRY701 WEST WELLINGTON AVENUECHICAGO, IL 60657
EMERSON ELECTRIC COMPANYA MISSOURI CORP.C(O CT CORPORATION SYSTEM441 VINE STREET, SUITE 3180CINCINNATI, OHIO 45202RADIX WIRE COMPANY25109 DETROIT ROAD, SUITE 300WESTLAKE, OHIO 44145
)CAROL WIRE & CABLE COMPANYDBA CREST CO. & MILLERELECTRIC COMPANY50 WEST BROAD STREET, STE. 1800COLUMBUS, OHIO 43215
PHELPS DODGE
ONE NORTH CENTRAL AVENUEPIiOENIX, AZ 85004
JOY GLOBAL INC.AS SUC. IN INTEREST TO P & HLEXIS DOCUMENT SERVICE INC.30 OLD RUDNICK LAND, SUITE 100DOVER, DELAWARE 19901
)WAGNER PUMPSADDRESS NOT FOUND
DELEVAL )ADDRESS NOT FOUND
WEST VIRGINIA ELECTRIC CO.ADDRESS NOT FOUND
)STATE ELECTRIC COMPANYADDRESS NOT FOUND
)JOHN DOES (1-200)MANUFACTURERS, SELLERS,SUPPLIEI2S, INSTALLERS, )PROMOTERS,COMPOUNDERS,OF ASBESTOS AND ASBESTOS-CONTAINING PRODUCTSAND MACHINERY USED, DESIGNED,)INSTALLED, IN CONJUNCTIONWITH AND OR FOR THE USE OFASBESTOS AND ORASBESTOS CONTAINING PRODUCTS)REAL NAMES AND ADDRESSESUNKNOWN
DEFENDANTS
)AND )
)AJAX BOILER AND HEATER CO.C/O FRANKLIN.i. BRUMMETT, S.A.111 WEST OCEAN BOULEVARD # 1300)LONG BEACH, CA 90802
Substituted New Party Defendant))
FACTUAL BACKGIZOUND
1. Plaintiffs worked at various job sites in Ohio with products manufacturcd,
distributed, processed or sold from Ohio based companies or companies doing business
in this state.
2. Defendant corporations and companies or their predecessors-in-interest,
and substituted New Party Defendants, (hereinafter "Defendants") reside in this co mty.
maintain offices in this State, have agents in this State, and/or have done and are doing
business in this State.
3. Defendants were or are miners, manufacturers, processors, distributors,
importers, converters, compounders, or merchants of asbestos, asbestos-containing
products or machinery requiring the use of asbestos and/or asbestos-containing products.
4. Defendants, acting through their servants, employees, agents and
representatives, caused asbestos and asbestos-containing materials to be placed in the
stream of commerce to which Plaintiffs were exposed during their employment.
5. The real names and addresses of Defendants lohn Does 1-100 have not
been determined despite reasonable efforts of the Plaintiffs to do so.
COUNTI
6. Plaintiffs re-allege paragraphs 1 through 5 above as if fully rcwritten
herein.
7. Defendants negligently produced, sold or otherwise put into the stream of
commerce asbestos and asbestos-containing products and/or inachinery requiring the use
of asbestos and/or asbestos-containing products, which thc Defendants knew or in the
exercise of ordinary care, ought to have known were deleterious and highly harmful to
Plaintiffs' health.
8. As the designer, developer, manufacturer, distributor and seller of the
above-described asbestos and asbestos-containing products, and/or machinery requiring
the use of asbestos and/or asbestos-containing products, Defendants owed a duty to
foreseeable users and handlers of said products, to use ordinary care in designing,
nianufacturing, marketing and selling said products in such a manner as to render them
safe for their intended and foreseeable users.
9. Defendants negligently gave inadequate warning or instruction during and
after the time of marketing in that Defendants knew or in the exercise of reasonable care
should have known about the risks associated with their products and failed to provide
reasonable and/or adequate warning or instructions in light of the likelihood that the
asbestos, asbestos-containing products and/or machinery requiring the use of asbestos
and/or asbestos-containing products would cause serious physical harm to Plaintiffs.
10. Plaintiffs, as a direct and proximate result of Defendants' conduct, have
contracted asbestos-relatecl diseases, asbestosis and cancers and have suffered and
continue to suffer the injuries and darnages as set forth herein.
COUNT II
11. Plaintiffs re-allege paragraphs 1 through 10 above as if fully rewritten
lierein.
12. Although Defendants knew or in the exercise of ordinary care ought to
have known that their asbestos and asbestos-containing products and/or machinery
requiring the use of asbestos and/or asbestos-containing products were deleterious, and
highly harmful to Plaintiffs' health, Defendant nonetheless:
a) Failed to advise or warn Plaintiffs of the dangerous characteristicsof their asbestos and asbestos-containing products and/or macltineryrequiring the use of asbestos and/or asbestos-containing products;
b) Failed to provide Plaintiffs with the knowledge as to what wouldbe reasonably safe and sufficient wearing apparel and proper protectiveequipinent and appliances, if any, to protect Plaintiffs from being harmedby exposure to asbestos and asbestos-containing products and/ormachinery requiring the use of asbestos and/or asbestos-containingproducts;
c) Failed to place any warnings on containers of said asbestos andasbestos-containing products alerting Plaintiffs of the dangers to healthcause(I by contact with asbestos and asbestos-containing products and/ormachinery requiring the use of asbestos and/or asbestos-containingproducts; and
d) Failed to take reasonable precautions or to exercise reasonable careto publish, adopt and enforce a safety plan and/or a safe method ofhandling and installing asbestos and asbestos-containing products, orutilizing the machinery requiring the use of asbestos and/or asbestos-containing products in a safe manner.
13. Defendants' products were defective due to inadequate warning or
instruction during and after the time of marketing in that Defendants knew, or in the
exercise of reasonable care, should have known about the risks associated with their
products and failed to provide reasonable and/or adequate warning or instructions in ligln
of the likelihood that the asbestos, asbestos-containing products and/or machinery
requiring the use of asbestos and/or asbestos-containing products would cause scrious
physical harm to Plaintiffs.
14. Plaintiffs, as a direct and proximate result of Defendants' conduct, havc
contracted asbestos-related diseases, asbestosis and cancers and have suffered and
continue to suffer the injuries and daniages as set forth herein and Defendants are,
therefore, liable, jointly and severally, to Plaintiffs in strict liability for their failure to
warn at common law and pursuant to R.C. 2307.71 et setq.
COUNTIB
15. Plaintiffs re-allege paragraphs 1 through 14 above as if fully rewritten
herein
16. Defendants failed to design, manufacture, market, distribute and sell
asbestos and asbestos-containing products and/ortnachinery requiring the use of asbestos
and/or asbestos-containing products in such a manner as to render them safe for their
intended and foreseeable uses. By way of example and not limitation, Defendants:
a) Failed to design, develop, manufacture and test the asbestos,asbestos-containing products and/or machinery requiring the use ofasbestos and/or asbestos-containing products in such a manner as to renderthent safe for their inte(ided and foreseeable users, when Defendants knewor should have known that the foreseeable use or intended purpose of theirproducts was by persons, specifically Plaintiffs, who worked with andaround said products;
b) Marketed and sold said products while the same was in aninherently and unreasonably dangerous and defective condition, presentingan ultra-hazardous risk to the Plaintiffs' well being;
c) Failed to recall or attempt to repair the defective products whenDefendants were and had been aware of the propensity of said products toinjure Plaintiffs; and
d) Failed to properly test said products to ensure that they werereasonably safe for use throughout their product lifetime.
17. Defendants violated the requirements of §402(A) of the Restatement of
Torts, 2d, as adopted by the Supreme Court of the State of Ohio, all of which proximately
resulted in the Plaintiffs' asbestos-related diseases.
18. Plaintiffs, as a direct and proximate result of Defendants' conduct, liave
contracted asbestos-related diseases, asbestosis and cancers and have suffcred and
continue to suffer the injuries and damages as set forth herein and Defendants are,
therefore, liable, jointly and severally, to Plaintiffs in strict liability for defective design
and manufacture and/or marketing, distributing and selling a defective product at
common law and pursuant to R.C. 2307.71 et sec.
COUNT IV
19. Plaintiffs re-allege paragraphs 1 through 18 above as if fully rewritten
herein.
20. Defendants impliedly warranted that their asbestos and asbestos-
containing products and/or machinery requiring the use of asbestos and/or asbestos-
containing products were of good and merchantable quality and fit for the ordinary
purposes for which the products are used.
21. Plaintiffs worked in close proximity to the asbestos and asbestos-
containing products and/or machinery requiring the use of asbestos and/or asbestos-
containing products of the Defendants, and Plaintiffs' presence was known, or ought to
have reasonably been anticipated by the Defendants.
22. The itnplied warranty made by the Defendants that their asbestos and
asbestos-containing products and/or machinery requiring the use of asbestos and/or
asbestos-containing products were of merchantable quality and fit for their particular
intended use was breached in that certain harmful matter was given off into the
atmosphere where Plaintiffs worked.
23. Plaintiffs, as a direct and proximate result of said breach of warranties,
have contracted asbestos-related diseases, asbestosis and cancers and have suffered and
continue to suffer the injuries and damages as set forth herein.
COUNT V
24. Plaintiffs re-allege paragraphs 1 through 23 above as if fully rewritten
herein.
25. Plaintiffs' spouses have suffered injuries in their own right, narncly, tt c
loss of consortium as a direct and proximate result of Defendants' acts and omissions for
which Defendants are liable.
COUNT VI
26. Plaintiffs re-allege paragraphs 1 through 25 above as if fully rewritten
herein.
27. Defendants, individually and as a group, since 1929 have possessed
medical and scientific data which clearly indicates that asbestos fibers and asbestos-
containing products are hazardous to one's health. Defendants, prompted by pecuniary
motives, individually and collectively, ignored and intentionally failed to act upon said
medical and scientific data and conspired to deprive the public, and particularly the users
of their products, including Plaintiffs, of said medical and scientific data, and therefore
deprived Plaintiffs of the opportunity of free choice as to whether or not to expose
themselves to Defendants' asbestos and asbestos-containing products and/or machinery
requiring the use of asbestos and/or asbestos-containing products; and further,
Defendants willfully, intentionally and wantonly failed to warn Plaintiffs of the serious
bodily harm which would result from the inhalation of the asbestos fibers and the dust
from their products.
28. Plaintiffs reasonably and in good faith relied upon the false and fraudulent
representations, omissions and concealments made by the Defendants regarding the
nature of their asbestos, asbestos-containing products and/or machinery requiring the use
of asbestos and/or asbestos-containing products.
29. The award for this Count should be in such an amount as would act as a
deterrent to Defendants and others from the future commission of like offenses anci
wrongs.
30. Plaintiffs, as a direct and proxitnate restilt of Defendants' condtict. havc
contracted asbestos-related diseases, asbestosis and cancers and have suffered and
continue to suffer the injuries and damages as set forth lterein.
COUNT VII
31. Plaintiffs re-allege paragraphs 1 through 30 above as if fully rewritten
herein.
32. Defendants, collectively and individually, manufactured, designed,
selected, assembled, inspected, tested, maintained for sale, marketed, distributed, sold,
supplied delivered, and promoted asbestos-containing products which were generically
similar and fungible in nature and place such material into the stream ol' interstate
commerce.
33. Plaintiffs, thorough no fault of their own, may not be able to identify all of
the manufacturers, tnarketers, sellers, distributors, or promoters of asbestos containing
products to which they were exposed due to the generic similarity and fungible nature of
such products as produced and promoted by Defendants.
34. Defendants are jointly and severally liable to the Plaintiffs for the injuries
and damages sustained by Plaintiffs, by virtue of industry-wide liability, enterprise
liability.
35. (a) Alternatively, Defendants constitute a substantial share of the
asbestos-containing product market where Plaintiffs worked and were exposed to
asbestos.
(b) Defendants manufactured, designed, selected, assembled,
inspected, tested, maintained for sale, marketed, distributed, sold, supplied, delivered, and
promoted asbestos-containing products of the kind and nature to which Plaintiffs were
exposed during the period of their employment.
36. Defendants are severally liable to Plaintiffs based upon their pro-rata
market share within the market described herein.
37. Plaintiffs, as a direct and proximate result of Defendants' conduct, have
contracted asbestos-related diseases, asbestosis and cancers and have suffered and
continue to suffer the injuries and damages as set forth herein.
COUNT VIII
38. Plaintiffs re-allege paragraphs I through 38 above as if fully rewritten
herein.
39. Defendants' actions, as stated herein, constitute a flagrant disregard for the
rights and safety of Plaintiffs and by engaging in such actions, Defendants acted with
fraud, recklessness, willfulness, wantonness and/or malice anci should be held liable in
punitive and exemplary daniages to Plaintiffs.
40. Plaintiffs, as a direct and proximate result of Defendants' conduct, have
contracted asbestos-related diseases, asbestosis and cancers and have suffered and
continue to suffer the injuries and damages as set forth herein.
WHEREFORE: Plaintiffs, as a direct and proximate result of the
negligence and other conduct of each Defendant, have suffered and will continue to
suffer great pain, severe mental anguish including a greatly increased risk of developing
mesothelioma, bronchogenic carcinoma, or other cancerous conditions. Further, this
increased cancer risk has caused Plaintiffs to endure great mental anguish and will
continue to cause such anguish in the future.
Plaintiffs, as a direct and proximate result of the negligence of other
conduct of each Defendant, have incurred expenses for medical, and/or hospital, and/or
pharmaceutical, and/or surgical care and/or other expenses in an amount not yet
determined, and will continue to incur such expenses into the future.
Plaintiffs as a direct and proximate result of the negligence and other
condition of each Defendant, have suffered lost wages and a progressive loss of earning
capacity and will continue to suffer a loss of earning capacity, wages and other economic
damages throughout their lifetimes.
The aforesaid acts and/or omissions of Defendants were wanton and
willful and in reckless disregard of the safety of Plaintiffs.
Plaintiffs demand judgment against Defendants, jointly and severally, in
an amount in excess of Twenty-five Thousand Dollars ($25,000.00) and an amount for
punitive datnages, plus interest, costs and such further relief to which Plaintiffs may be
entitled.
A trial by jury is hereby demanded as to all counts.
Respectfully submitted,
/s/ Christoplier J. HickeyChristopher J. Hickey (0065416)Brent Coon and AssociatesBradley Building, Suite # 3031220 West 6"' StreetCleveland, Ohio 44113
Telephone: 216-241-1872Fa cs i m i l e: 216-241-1873Email: chio(a?bcoonlaw.com
/s/ Carolyn Kaye RankeCarolyn Kaye Ranke (043735)Brent Coon and AssociatesThe Bradley Building, # 3031220 West 6'n StreetCleveland, OH 44113Telephone: 216-241-1872Fa cs i m i l c: 216 - 241-1873Email: kayc(o)bcoonlaw.com
Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
I certify that a copy of Plaintiffs Second Amended Complaint, was served onCuyahoga County's File and Serve Systetn this 14'" day of March, 2005 and deemedserved on all parties.
Respectfully submitted,
/s/ Christopher J. HickeyChristopher J. Hickey (0065416)Brent Coon and AssociatesThe Bradley Building, # 3031220 West 0 StreetCleveland, OH 44113Telephone: 216-241-1872Facsimile: 216-241-1873Email: chiD(a)bcoonlaw.com
/s/ Carolyn Kaye Ranke
Carolyn Kaye Ranke (043735)Brent Coon and AssociatesThe Bradley Building, # 3031220 West 6°i StreetCleveland, OH 44113Telephone:216-241-1872Facsimile: 216-241-1873Email: kaye(abcoonlaw.com
TAB 6
IN THE COURT OF COMMON PLEASCUYAHOGA COUNTY, OHIO
JAMES SINNOTT, et a(. ) CASE NO. 521874 (HICKEY 4)
Plaintiffs,
V.
AQUA-CHEM, INC., et al.,
Defendants.
JUSTICE FRANCIS E. SWEENEYJUDCE HARRY A HANNAJUDGE LEO M. SPELLACY
ASBESTOS DOCKET
MOTION OF SEPARATE DEFENDANTSAMERICAN OPTICAL CORPORATIONAND A.W. CHESTERTON CO. TOADMINISTRATIVELY DISMISS
Separate defendants American Optical Corporation (AO) and A.W. Chesterton Co.
(AWC) respectfully request this Court administratively dismiss this case under the terms of
Ohio's asbestos litigation refonn law, RC 2307.91 et seq., because plaintiff is defined as a
smoker under the law, he alleges his lung cancer was caused by exposure to asbestos, and he has
not provided an expert opinion supporting his claim which complies with the law, commonly
referred to as H.B. 292. Further support for this motion is found in the attached brief in support,
which is incorporated herein by reference.
Respectfully submitted,
Debra Csikos lslJEFFREY A. HEALY [email protected] CSIKOS [email protected] PATTERSON [email protected] Ellis & West LLP1150 Huntington Bldg, 925 Euclid Ave.Cleveland, OH 44115-1475Tele p ho n e: 216.592.5000Telefax: 216.592.5009Attorneys for DefendantsAmerican Optical Corp. andA.W. Chesterton Co.
2
IN THE COURT OF COMMON PLEASCUYAHOGA COUNTY, OHIO
JAMES SINNOTT, et al. ) CASE NO. 521874 (HICKEY 4)
Plaintiffs,
V.
AQUA-CHEM, INC., et al.,
Defendants.
JUSTICE FRANCIS E. SWEENEYJUDGE HARRY A HANNAJUDGE LEO M. SPELLACY
ASBESTOS DOCKET
BRIEF IN SUPPORT OF THE MOTIONOF SEPARATE DEFENDANTSAMERICAN OPTICAL CORPORATIONAND A.W. CHESTERTON CO. TOADMINISTRATIVELY DISMISS
1. INTRODUCTION AND FACTS
Governor Taft signed Ohio's asbestos litigation reform law, RC 2307.91 et seq.
(commonly known as H.B. 292), on June 3, 2004_ It went into effect 90 days later, on September
2, 2004. Plaintiff brought his current claim against AO and AWC on January 3, 2005 when he
Ciled his amended complaint in this case, naming AO and AWC as defendants in this lawsuit.,
Because plaintiffs claimagainstAO and AWC was brought after the effective date H.B. 292, all
provisions of the asbestos reform law applies to this case.
Plaintiff in this case, James Sinnott, was diagnosed with lung cancer in approximately
1 Plaintiff initially filed this lawsuit on February 10, 2004. While AO was named as a defendant at that iime. AWCwas not. Regardless, plaintiff voluntarily rlismissed AO on April 5, 2004, without consultation wiih AO, andwithout prompting or suggestion froin AO. Thus, plaintiff had no claim pending against AO between April 5, 2004and January 3, 2005. Moreover, plaintiff never had a claim pending against AWC before January 3, 2005.
3
August 2003. See deposition of James Sinnott taken November 17, 2004 at page 118 line 20 -
pagc 120 line 1.2 He smoked 1 to 2 packs of cigarettes a day from approximately 1956 - 1995.
Id. at page 38 lincs 7- 25. Because plaintiff filed his current claims against AO and AWC on
January 3, 2005, his medical report required under H.B. 292 was due on February 2, 2005.
However, plaintiff has not filed a medical report which complies with H.B. 292. Because
plaintiff has not filed his medical report in compliance with Ohio's asbestos litigation reform
law, this Court should adtninistratively dismiss plaintiffs claims against AO and AWC.
II. LAW AND ARGUMENT
H.B. 292 sets out specific requirements a plaintiff who is or was a smoker must meet
before he can maintain a case claiming his lung cancer was asbestos-related. RC 2307.92(C)( l).
Specifically, plaintiff is a lung cancer plaintiff who is a smoker under the terms of H.B. 292.
Although plaintiff testified he stopped smoking in 1995, as defined in H.B. 292 he is a smoker
because he stnoked at least 1 pack-year of cigarettes within the 15 years prior to his cancer
diagnosis in fall 2003. RC 2307.91(DD). Titus, in order to maintain his case, he nmst show both
that he was diagnosed with primary lung cancer by a competent medical authority, and that
exposure to asbestos is a substantial contributing factor to the cancer. RC 2307.92(C)(1)(a).
Plaintiff has provided no expert reports which meet these criteria.
H.B. 292 requires that Courts administratively dismiss cases brought by plaintiffs which
do not meet the necessary medical criteria. RC 2307.93(A)(3)(c). Because plaintiff has not filed
ntedical reports in compliance witlt H.B. 292, the statute niandates that his case be
administratively dismissed until such time as he meets the medical criteria set out in H.B. 292.
2 Plaintiffls deposition of Novcmber 17, 2004 was filed with this Court on January 10, 2005.
4
III. CONCLUSION
Plaintiff has failed to meet the medical provisions set out in Ohio's asbestos litigation
reform law, RC 2307.91 et seq. Specifically, plaintiff has not produced a report by a competcnt
medical authority as defined under the law. Thus, plaintiff has not established that asbestos was
the predoininant cause of plaintift's cancer, or that, without his asbestos exposure, his cancer
would not have occurred. Thus, AO and AWC respectfully request this Court administratively
dismiss this case until such time as plaintiff produces a report complying with the requirenients
of the law.
Respectfully submitted,
Debra Csikos ls'lJEFFREY A. HEALY [email protected] CSIKOS [email protected] PATTERSON [email protected] Ellis & West LLP1150 Huntington Bldg, 925 Euclid Ave.Cleveland, OH 44115-1475Tel e pho ne: 216.592.5000Telefax: 216.592.5009Attorneys for DefendantsAmerican Optical Corp. andA.W. Chesterton Co.
5
CERTIFICATE OF SERVICE
A copy of the foregoing Motion of Separate Defendants American Optical Corporation
and A.W. Cliesterton Co. to Administratively Dismiss and Brief in Support were fiJed this 26"'
day of April, 2005.
lsl Debra CsikosOne of the Attorneys for DefendantsAmerican Optical Corporation andA.W. Chesterton Co.
6
TAB 7
THE COURT OF COMMON PLEASCUYAHOGA COUNTY, OHIO
ASBESTOS DOCKET
JAMES SINNOT`fPLAINTIFF
v )
A-BEST PRODUCTS COMPANY, et al., )DEFENDANTS
CASE NO: 521874
JUDGE: ASBESTOS DOCKET
PLAINTIFF'S MEMORANDUMIN OPPOSITION TODEFENDANTS' MOTION TOREMOVE CASE FROM TRIALSCHEDULE FOR NONCOMPLIANCE WITH H.B. 292
Plaintiff Jatnes Sinnott, by and through his attorneys, Brent Coon & Associates,
herein opposes Defendants' American Optical Corporation and A.W. Chesterton's
Motion to Remove Case from the trial schedule for failure to comply with the
requirements of H.B. 292 and R.C. 2307.93.
1. Introduction.
Plaintiff James Sinnott filed the instant action on January 3rd, 2004, alleging that
he had developed lung cancer as a result of his occupational exposure to asbestos-
containing products manufactured and/or supplied by numerous defendants. On or about
April 28, 2004, this case was designated for trial as a part of Brent Coon Group #3 and
incorporated into a consolidated Case Management Order which set forth deadlines for
trial discovery, motion practice and exchange of expei4 reports. Subsequently, 13IaintifPs
case was removed by counsel to Trial Group 4 and consolidated with the Case
Management Order. Trial was originally set for on September 20, 2005, This tnatter is
currently set for trial in January 2006.
Plaintiffs case has advanced through the discovery process: consolidated answers
to interrogatories have been answered, depositions of plaintiff and three (3) co-workers
have been completed. Motions for summary judgments issues have been filed and are
scheduled for oral argument on June 9, 2005. Plaintiffs have received an extension to
designate and file expert reports by June 20, 2005. To date, Plaintiff has filed ample
evidence in support of his claim and more than sufficient to support a prima facie case
under Ohio law as it existed at the time his case was filed- Exhibits "A" and "W" include
a summary of the medical evidence filed in support of PlaintifPs case as well as attached
to master interrogatory answers.
On September 2, 2004, Ohio's new asbestos tort reform legislation, Am. Sub. H.B.
292 became effective. The Act requires that asbestos plaintiffs meet a new prima facie
standard before their cases may proceed to trial which standard includes minirnum
requirements for lung cancer cases wherein the plaintiff has a history of smoking. For
sinoking lung cancer cases, the Act set forth the new requirement that the plaintiff must
show an opinion from a`competent medical authority', defined and interpreted as
treating physicians only, finding asbestos exposure as the primary cause of the lung
cancer. The Act further establishes time deadlines for producing such medical evidence
and a period in which defendants may challenge the adequacy of the evidence. The court
is then required to assess the sufficiency of each 13laintiffs prima facie evidence.
Among the other changes to the existing law, H.B. 292 purports to control
pending litigation and apply these requirements on a retroactive basis unless the court
finds that such application would violate the prohibitions against retroactive legislation
set forth in Art. 11, Sec 28 of the Ohio Constitution. The issue of the applicability ol' Am.
Sub. H.B. 292 and R.C. 2307.93 to cases arising prior to its effective date has been
previously raised before this Court. This issue was extensively briefed and argued on
similar tnotions to remove cases from the trial list filed by defendants in other cases. On
January 10, 2005, this Court issued a written Opinion and found that H.B.292 impaired
the substantive rights of plaintiffs in violation of Section 28 of Article 11 of the Ohio
Constitution. In the Opinion, this Court stated
"First, the Act's imposition of new, higher medical standards for asbestos related
claims is a substantive alteration of existing Ohio law which will have the effect of
retroactively eliminating the claims of plaintiffs whose rights to bring suit have
previously vested. Second, the Act also retroactively impairs the substantive rights of
plaintiffs by changing the common law definition of 'substantial contributing factor'.
Third, the Act retroactively impairs the substantive rights of plaintiffs by its imposition of
a requirement of'substantial occupational exposurc'which contravenes Ohio Supreme
Court authority." In Re Goldberjz 20 Cases, January 10, 2005 at page 29.
Plaintiff herein submits that itie instant action is identical in circumstance to the
specific cases addressed in this Court's recent Opinion rejecting the application of H.B.
292 to cases in which the cause of action arose prior to the effective date of the Act.
Plaintiff therefore respectfully submits that this Court should deny Defendant's pending
Motion to Remove on its own precedent alone and permit this case to proceed to trial as
scheduled. Further, Plaintiff argues that the motion should be denied based upon the
written clecision of Administrative Judge Richard McMonagle expressly stating that cases
set for trial would proceed pending a determination of the constitutionality of the Act by
the Ohio Supreme Court. Finally, without waiving its arguments against the
constitutionality of H.B. 292 or its applicability on a retroactive basis, Plaintiff further
argues that he has met the burdens set forth in the Act and provided a prima facu case
sufficient to remain on the active trial schedule.
II. Cuyahoga County Court of Common Pleas Procedural History of H.B. 292
As outlined above, the issue of the constitutionality of H.B. 292 has been raised before
this court in other outstanding litigation. On January 10, 2005, this Court issued a written
opinion in eleven cases that were consolidated in the trial group designated as Goldberg
Group 20 denying the defendants' motions to dismiss for non-compliance with the
standards of H.B 292. In the opinion, the Court held that the substantive rights of the
parties were impaired by the retroactive nature of the statute and by the imposition of
higher medical standards for asbestos related claims of plaintiffs whose rights had
previously vested. Accordingly, the application of H.B. 292 was in violation of Section
28 of Article II of the Ohio Constitution. This ruling was appealed by the defendants
and is currently pending in the Eighth District Court of Appeals. The issues raised by the
Defendants in this motion are identical and Plaintiff James Sinnott herein urges this Court
to deny the pending motion in accordance with its previous ruling.
In addition, this Court had established deadlines for filing of medical
documentation relative all pending asbestos claims that were filed prior to enactment of
H.B. 292. By administrative order, the deadline for submission of supporting medical
evidence relative all plaintiffs has been set for June 15, 2005. Accordingly, the filing of
Defendants' motion in the James Sinnott matter for alleged non-compliance is not ripe
for consideration at this time nor is the requested remedy of removal of the case froin the
trial docket. Plaintiff therefore argues that this motion should be denied for its pre-
maturity in filing.
Ill. Argument
A. The September 16, 2004 Order of Administrative Judge Richard McMonagle ref[ects
the intention of the Court to allowpending cases on the trial docket to proceed.
On September 16, 2004, Judge Richard McMonagle issued a written Order
regarding all Cuyahoga County asbestos cases which stated in applicable part, "The
Court will defer classification of pending cases under the criteria set forth in tltat Bill
(Am.Sub.H.B. 292) until after the constitutionality of the Bill has been resolved by Ohio
Courts." The plain meaning of this Order establishes that the new requirements of the
Act are not to be applied to pending, trial ready cases. 1'herefore, Plaintiff argues that
this Court should follow the express mandates of the Administrative Judge and allow the
instant case to proceed to trial as scheduled.
B. The Savings Clause of R.C. 2307.93 (A) (3) is applicable to the pending ca.re.
The instant action was filed in Cuyahoga County Common Pleas Court on
February 9, 2004 and designated for trial on April 28, 2004. Therefore, since this matter
was pending at the time the Act became effective, the Savings Clause must be applied.
R.C. 2307.93 (A)(3) provides in relevant part:
"(a) For any cause of action that arises before the effective date of this section, the
provisions set forth in divisions (B), (C), and (D) are to applied unless the court that has
jurisdiction over the cases finds both of the following:
(i) a substantive right of a party to the case has been impaired.
(ii) That itnpairment is otherwise in violation of Section 28 of Article 11 of the
Ohio Constitution.
(b) If a finding under division (A)(3)(a) of this section is made by the court that
has jurisdiction over the case, ttien the court shall determine wltether the plaintiff
has failed to provide sufficient evidence to support the plaintiff's cause of action
or the right to relief under the law that is in effect under the law prior to the
effective date of this section:'
As argued previously in the other cases, the threshold issue before the Court is whether
this 'safety valve' provision relieves a plaintiff of the retroactive obligations of the Act as
violative of substantive rights. Plaintiff submits that as argued by the Cuyahoga County
Prosecutor in the pending mandamus action before the 8°i District Court of Appeals,
State ofOhio ex rel. International Association ofHeat and Prost Insulators and
Asbestos Workers, Local No. 3 et al., P. Court of Comnion Pleas of Cuyahoxa County,
a plaintiff who does not have sufficient evidence to support a cause of action under H.B.
292, may proceed with the case under the law that was in effect prior to the effective date
of the Act. This interpretation has been essentially adopted by the January 10, 2005
Opinion of this Court and allows pending cases to proceed under the Savings Clause
without meeting the new evidentiary requirements of H.B. 292 or finding the specific
provisions unconstitutional. Plaintiff therefore joins in these earlier argutnents by
reiterating the position that the Savings Clause and its safety valve provisions require that
his case to proceed to trial under the law ancl evidentiary requirements in effect at the
time of filing of the complaint and accrual of the cause of action.
Although Plaintiff argues in this Brief, supra, that he has met the evidentiary
requirements of H.B. 292, he preserves his claim that the amendments set forth in R.C.
2307.93 (A)(3) relieve him of is obligation to present a prima facie showing under the
Act and rather require only sufficient evidence to support his claim under the prior law.
Therefore, Plaintiff seeks a ruling from this Court as to tlie applicability of the Savings
Clause in his case and all cases of similar circumstance.
C. Am.Sub. H.B. is Unconstitutional.
Plaintiff further submits that H.B. 292 is unconstitutional on its face bccause it
retroactively restricts and eliminates pending lung cancer cases by imposing new
evidentiary burdens on case already pending in violation of Section 28 of Art. 11 of
the Ohio Constitution and impermissibly deprives Plaintiff of equal protection of the
laws in violation of both the United States and Ohio Constitution.
Adopting the findings and reasoning of this Court in its January 10, 2005 Opinion
and in on reliance on the well settled principles of Bielat v. Bielat (2000) 87 Ohio
St.3d 350, citing Van Fossen v. Babcock & Wilcox Co. (1988) 36 Ohio St.3d 100, it
is clear that the General Assembly intended to apply the bill retroactively. Its express
provisions unequivocally state that its provisions are to apply to "any asbestos claim
that is pending on the effective date of this section." I lowever, prior to finding its
provisions unconstitutional, a jurisdictional court must still determine whether the
retroactivity impairs a substantive right of a litigant or is merely remedial in nature.
Again, Plaintiff and counsel assert the rationale of this Court and submit that the
provisions of the Act impermissibly impair vested rights of a litigant by both
affecting substantive rights and by imposing higher inedical standards and burdens to
a past transaction. Further, by changing the common meaning of the 'substantial
factor' requirement as defined by the Ohio Supreme Court in Horton v. Hardwick
(1995) 73 Ohio St.3d 679, the Act contravenes the express authority of the court
system itself and intrudes upon the judiciary in violation of the separation of powers
doctrine outlined in the Ohio Constitution, Art. IV. Accordingly, its requiretnents
must be deemed unconstitutional as to any retroactivity or applicability to cases
pending prior to its enactment.
D. Plaintiff has submitted suJjicient medical evidence to support his c•lain¢.
(1) Obligations under the Prior Statute, R.C. 2305.10.
Prior to the enactment of H.B. 292, R.C. 2305.10 set forth the prevailing
requirements placed upon an asbestos litigant:
" a cause of action for bodily injury caused by exposure to asbestos...
arises upon the date on which the plaintiff is informed by competent medical
authority that the plaintiff has been injured by such exposure, or upon the date on
which, by exercise of reasonable diligence, the plaintiff should have become
aware that he had been injured by the exposure, whichever date occurs first."
In the instant case, Plaintiff was diagnosed with lung cancer in August 2003 after
completing a screening test that revealed a right lung mass and evidence of underlying
asbestosis. The screening results were reviewed and interpreted by a treating physician,
Dr. Robert Altmeyer who opined that Mr. Sinnott's chest x-ray and pulmonary function
test demonstrated impairment and interstitial changes in the lungs indicative of asbestosis.
Dr. Altineyer's report is attached hereto as Exhibit "A". Further, since the x-rays
revealed a lung mass, Dr. Altmeyer referred Mr. Sinnott to his family physician for
additional testing. Subsequent tests and a lung biopsy completed at the Veteran's
Administrations Hospital in Huntington, WV confirmed the malignancy. The written
screening results and subsequent medical records relating to the diagnosis are attached
hereto as Exhibit "B". The interpretation of the CT scan on November 12, 2003
revealed evidence of change and scarring consistent with earlier diagnosis of asbestosis.
The specific findings of the treating physicians also included the express differential
cliagnosis of lung carcinoma and asbestosis given the evidence of the scarring and history
of occupational exposure. See Summary of Plaintiffs medical evidcncc attached hcreto.
This evidence in its entirety was submitted as attachments to Plaintiff's Consolidated
Answers to Interrogatories filed shortly after the designation of this case in the Trial
Group on April 28, 2004. Clearly, this evidence is sufficient to establish a causal link
between Plaintiff's lung cancer and his occupational asbestos exposure.
(2) Compliance with Ani.Sub.H.B. 292.
As outlined above, Plaintiff provided all Defendants herein with ample
evidence showing that his occupational asbcstos exposure was a substantial factor in
causing his lung cancer. Moreover, this evidence was in the express form outlined by the
Act in that it represented the findings and impressions of the `treating physician' as a
competent medical authority. While the medical evidence was not contained in a letter or
written opinion, the impressions are nonetheless sufficient to sustain a prima facie case.
This Court should not be thus persuaded by Defendant's argument and should allow
Plaintiff's case to retnain scheduled for trial.
Respectfully submitted,
/s/ Carolyn Kaye RankeCarolyn Kaye Ranke (0043735)Brent Coon & Associates1220 West Sixth Street 303Cleveland, Ohio 44113Telephone: (216) 241-1872Facsitnile: (216) 575-7664E-Mail: kave(&bcoonlaw.com
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I ceriify that a copy of Plaintiff's Brief in Opposition was served on Cuyahoga
County's LEXIS NEXIS this 1 st day of June 2005, and deemed served on all parties of
record.
/s/ Carolyn Kaye RankeCarolyn Kaye Ranke (0043735)Brent Coon & Associates
JAMES T. SINNOTT
CUYAHOGA COURT OF COMMON PLEAS CV-04-521874
ASBESTOSSCREENING REPORT
Robert B. Altmeyer, M.D.PULMONARY MEOIC,NE
ONPEOnnrC AMCnmm+ BOARD Ov INT[nN.C MCmane
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CERT,FiFO R REnOER 9Y Tr,E N<T,VN.C INS,`u,E OF OCCUPATIONAL $AfETY nNn HEnITN
1191 NnviONn^ FOnO
WREEUrvG. WV 26003
Isonl zn3laae
ASBESTOS MEDICAL EVALUATION
SINNOTT, JAMES T. KWV44
HISTORY:
SS#402-50-6326DATE OF EXAMINATION: 8/28/03
This patient is a 64 year old, white male whom I examined in Kenova, WestVirginia on 8/28/03 at the request of Respiratory Testing Services, Inc.
OCCUPATIONAL HISTORY:
From 1959 until he was disabled in 1997 he worked for Dayton Malleable inIronton, Ohio working in a foundry. During that time span he worked as anelectrician for 30 years and a millwright for 10 years. He was exposed to silicasand used every day in ihe operation of the foundry. He did a lot of grinding andchipping. He also did some sand blasting, at which time he wore a paper mask.He has also worked directly with asbestos insulation, pipe covering, transite,cloth, gloves, gaskets, valve packing, and fire brick.
SMOKING HISTORY:
From 1950 until 1994 he smoked 1 1/2 packs of cigarettes a day.
CARDIOPULMONARY HISTORY:
He has a chronic productive cough, chronic shortness of breath with exertion,wheezing occasionally in the mornings, but no chest pain. He has had nohemoptysis. He did have a history of an esophageal junction tear, but he hadtrue blood from his lungs. In 1999 he was told he had a myocardial infarction.He had multiple episodes of pneumonia as a child and has a history of seasonalallergies. He may have had pleurisy in the past, but he is not sure.
SINNOTT. JAMES T.Page 2
There is no history of stroke, rheumatic fever, valvular heart disease,tuberculosis, tuberculosis exposure, chest trauma, chest surgery, asthma,emphysema, COPD, rheumatoid arthritis, or connective tissue disease. Heunderwent back surgery in 1997.
MEDICATIONS:
His current medications are Vioxx, Naproxen, Rabeprocle nasal spray, andHydrocodone. He is allergic to Floxin.
PHYSICAL EXAMINATION:
Height: 72 inches
Weight: 238 pounds
Respiratory Rate: 14
Heart Rate: Approximately 78 bpm
Chest: On auscultation of the chest there were fine crackles in theaxillary areas, which persisted after repetitive deepbreathing. The forced expiratory time was normal. "!-herewere no wheezes and no rhonchi.
Neck: There was no supraclavicular adenopathy.
Extremities: There was no peripheral edema. The nails were notcyanosed or clubbed.
Heart: The heart is regular. There is an S4, but no S3 gallop.
PULMONARY FUNCTION STUDIES:
A pulmonary function study of 8/28/03 showed mild restriction, no obstruction,and a mild reduction in the specific diffusing capacity at 77% of predicted.
SINNOTT, JAMES T.Page 3
CHEST X-RAY INTERPRETATION:
I interpreted a chest x-ray, as a NIOSH certified B reader, as showing category1/1, s/t in both mid and both lower lung zones by the ILO InternationalClassification of Radiographs of Pneumoconioses. There was a right upper lobedensity adjacent to the superior mediastinum. This could be overlappingshadows or scarring, but I cannot rule out a mass in that area. For that reason, Iverbally and in writing advised this man to see his personal physician within thenext two weeks for follow up. He was given written notification of this to take tohis own physician.
IMPRESSION:
Based on the above data, it is my opinion with a reasonabfe degree of medicalcertainty, that this man has asbestosis. I make that diagnosis on the basis ofinterstitial changes radiographically consistent with asbestosis, persistentcrackles on auscultation of the chest, and a significant exposure to asbestos inthe work place with an appropriate latency period, a reduction in the specificdiffusing capacity, part of which is due to asbestosis and part is due to priortobacco smoking.
He is at increased risk for the development of lung cancer, mesothelioma, loss oflung function, gastrointestinal malignancies, and other conditions because ofashestosislasbestos exposure. For that reason, I advised him to have periodicchest x-rays and follow up examinations by his personal physician.
Sincerely,
Robert B. Altmeyer, M.D.
RBA/jrd
rsAnee:S;nnn-#i 1am,eS 7r
©
WORKER'S Social Security Numb^r
^ ® ®
TYPE OF READING
A P
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2A ANYPARE'NCHYMALABNORMAL7TIES YES ^ 2ea„ax NO ^ seCr,aNroCONSISTENT WR7i PNEUMOCONIOSIS7
2B SMALL OPACITIES b.ZONEE cPnOFUS1ox 20 LARGEOPACITIES
a.T.HADE^s^ 01- 0/0 Wt
PRIMARY SECDNOARY ]A t2
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SIZE A B C
q t q R L 32 YS N
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PRMEMO9ECibNJ
ANY PLEURAL ABNORMALrtiES COMPLErE PROCgo TO^S ae,]tandw NO SECTroNa3ACONSISTENTWfTHPNEIIMOCON1OSiS1
39 PLEURAL 3C PLEURAL THICKENING...Chcs[ WailTHICKENINO ^ pRNMyqyeEO w..o,au
O R O LO R
51TE O R L LmM O A B CO A B C O A B C
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9TE O R EJ{TEl1T . 4IE O L ExTF.Ni
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Ae OTHER SYMBOLS (OBLIOATORo a: bu m cn co cp cv di a/ em w tr hl tlo id IT - kl pi px ry fA pNSremonalPnyek.•..a:nem
Rpnn iuv wAbhao'/biWpva/M (]f£L1o1) ItlY1N1'Y MY YEIRllniwldynflldndc '1r•p0 1M ' 1
4C OTHER COMMENTS'^ 7 3 ^ . f2,'fir ^,.._
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iNOCEEOTOSHOULD WORKER SEE PERSONAL PHYSICIAN BECAUSE OF COMMENTS IN SECTION 4C. NO qECTpN a
5 •]1RN DAY
I I I i
Name: SINNOTT, JAMESGender: MaleAge: 64 Race: CaucasianHeight(in): 72 Weight(lb): 238Any tnfo:
(BTPS)PRED
FVC Liters 4.96FEVI Liters 3.82FEVIIFVC % 77FEF25-75°/uUsec 3.43FEF50% UsecPEF UsecMW Umin
.. ......<,,.,.: (BTPS)
TLC Liters 7.42RV Liters 2.44RVITLC % 34FRC N2 Liters 3.92VC Liters 4.96
DLCO mUmmHg/min 35.8DL Adj mUmmHglmin 35.8DLCOlVA mUmHglminlL 4.90DWAAdj mUmHglinin/L
Flow VA Literss
8i
47
2^
-,- - 1^^------ 1^
0 1 2Volume
4
PRE-RXBEST %PRED
3.38 682.74 72
813.03 883.607.33
5.40 731.83 75
342.76 703.57 72
18.7 5218.7 523.77 773.774.96
FVC
Technician: K. CHANEY CRT
!el^K 44 402-50-6326Date: 08/28/03Temp: 21 PBar:759Physician: R.ALTMEYER,M.D.,_
POST-RXBEST %PRED %Chg
LL
FEV1 FkCN2 DLCo
O= OUTSIDE 95% CONFIDENCE INTERVAL Norm Set: CrapolHsu Version: IVS-0101-04-4
RESPIRATORY TESTING SERVICES4362 A MIDMOST DR.MOBILE, AL. 36609
Date: 06/28103 Pre
Flow Volume Loop -- SINNOTT,JAMES-KWV4440250-6326
VC
EVI
EV17FVC
FEF25-7596
^PEF
Ref Best %Rel
4.96 3,38 68
3.82 2.74 72
77 01
3.43 3.03 80
7.33
1
3.31
2.55
77
2.236.38
2
3.37
2.65
79
2.58
7.32
3
3.38
2.74
81
3.03
7.33
Tris! 3 Trial 3VoNme Fbw
tu 16
12
a
g
6 4
,
+2(
-12Bg ^S 15 2g -2 0 2 4 6 gT? Voa me
RESPIRATORY TESTING SERVICES4362 A MIDMOST DR.MOBILE, AL. 36609
Date: 08128703 Pre
Flow Volume Loop -- SINNOTT JAMES KWV44 402-50-6326Ret Bese % Ret 1 2
^FVC 4.96 3.38 68 3.31 3.31 3.38
FV1 3.82 2.74 72 2.55 2.65 2.74
^EVI(hVC 77 81 77 79 81
EV37FVC 91 94 91 91 94
'FET700% 0.72 9.75 10.36 8.72
jEF25-75% 3.43 3.03 88 2.23 2.50 3.93
!FFF25% 7.27 5.06 7.31 7.27
p=EF50% 3.60 2.93 3.27 3.60
^FEf75% 0.96 0.71 0.74 0.96
1PEF 7.33 6.36 7.32 7.33
IFVLECode 000000 000 99o 000
pIVC 4.96 2.44 49 3.41 3.20 2.44
{F 5.46 3.15 5.07 5.46
EF7FiF50 0.70 1.01 0.73 0.70
RESPiRATORY TESTING SERVICES4362 A MIDMOST DR.MOBILE, AL. 36609
Date: 08/28l03 Pre
Lung Volumes --- SINNOTT. JAMES -KWV4440250-6326Rei 8es1 %Ref 1 2
(rlG 7.42 5.40 73 5.29 5.40
NC 4.96 3.57 72 3.46 3.57
RC N2 3.92 2.75 70 2.72 201
IC 3.27 2.58 79 2.58 2.59
flV 2.44 1.83 75 1.83 1.83
aZ Trie12 N2 0.0 °{o ^ FRC 3.10 Laa
J Wash Time 1,1 IYlin60
NsaTime71
4u :
20 - ; ^9* COIUUTNne
+I u z vmanc c r
i---
eo ^n
-
RESPIRATORY TESTING SERVICES4362 A MIDMOST OR.MOBILE, AL. 36609
Date: 08I28f03 Pre
Lung Volumes --- SINNOTT, JAMES - KWV44 402-50-6326Ref Best % Rel 1 2
LC 7.42 5.40 13 5.29 5.40
C 4.96 3.57 72 3.46 3.57
RC N2 3.92 2.76 70 2.72 2.81
C 3.27 2.58 79 2.58 2.59RV 1.64 0.93 57 0.09 0.96
V 2.44 1.83 75 1.83 1.83
VJTLC 34 34 35 34
I 5.41 5.19 5.63
^nsh Time 0.9 0.8 1.1
Vul ECode 000000 00 00
E 9.0 16.7 187 14.1 19.4
t 1.35 1.32 1.38
12 11 14
Vul Time 08:04 08:04 08:08
Vul Date 08128 080 06120
^.._i
RESPIRATORY TESTING SERVICES4362 A MIDMOST DR.MOBILE, AL. 36609
Date: 08/28/03
Single Breath DLCO SINNOTT
Pre
JAMES - KWV44 402-56b326Rel Beet %Ret 1 2
I CO 35.8 10.7 52 18.7 18.7
LAJj 35.8 18.7 52 18.7 18.7
UC 3.3G 3.30 3.42
A 4.9G 4.90 5.02
^ INAAdj 3.77 3.82 3.72
V.W.
1U.U T
b4 f
Best
6^ 5 1U 14 ]0Tlrtre
RESPIRATORY TESTING SERVICES4362 A MIDMOST DR.MOBILE, AL. 36609
Date:08128/03 Pre
Single Breath DLCO --- SINNOTT, JAMES - KWV44 4025M326Rd Best % Ref 1 2
LCO
^
35.8 18.7 52 18.7 18.7
L Adj 35.8 10.7 52 18.7 18.7
p1LCO(dA 4.90 3.77 77 3.82 3.72
^fJVAAdj 3.77 3.02 3.72
VC 3.36 3.30 3.42
Ar 4.96 4.90 5.02
8HT 10.33 10.45 10.21
rI CH4 0.300 0.300 0.300
F CH4 0.185 0.183 0.186
I FI CO 0.300 0.300 11.300
VE CO 0.106 0,103 0.108
DLCO ECude uuuu 6uu 6uu
IDLCO Dale 08120 00126 08728
^LCO lime 08:06 08:06 00:111
.JAMES SINNOTT
CUYAHOGA COURT OF COMMON PLEAS CV-04-521874
MEDICAL RECORDS FROM HUNTINGTON VETERANS
ADMINISTRATION CENTER
PARTIOFIV
DEPARTMENT OFVETERANS AFFAIRS
VA Medical Center1540 Spring Vatley DriveHuntington, WV 25704
OATE: 1111212003In Reply Refer To:
JAMES T SINNOTT1525 THOMAS STIRONTON, OHIO 45638-1 1 76
RE: ROI Request for JAMES SINNOTT
Dear MR SINNOTT:
The information you have requested is enclosed.
Sincerely,
Kathy HartChiet, Health Information Management Section
Page 1
Medicat ion Nov 12, 2003
AMITRIPTY-INE 2`MG TAB
TAKE ONE TABLET BY MOUTH AT BEDTIME MAY INCREASE TO 3 TAELETS IF , NEEDED
Status; ACTIVE
Start date: OCT 16, 2003
Stop date: OCT 16, 2004
Refills remaining: 3
Days supply: 30
Quantity: 90
Comments:
CYANOCOBALAMIN 250MCG TAB
TAKE ONE TABLET BY MOUTH EVERY DAY
Status: ACTIVE
Start date: OCT 16, 2003
Stop date: OCT 16, 2004
Refills remaining: 3
Days supply: 90
Quantity: 90
Comments:
VLUNISOLIDE 25MCG 200D NASAL INHL
SPRAY 2 SPRAYS IN BOTH NOSTRILS TWICE A DAY FOR NASAL ALLERGY SYMPTOMS
Status: SUSPENDED
Start date: OCT 16, 2003
Stop date: OCT 16, 2004
Refills remaining: 10
Days supply: 30
Quantity: 1
Comments:
RABEPRAZOLE NA 20MG EC TAB
TAKE ONE TABLET BY MOUTH EVBRY DAY FOR STOMACH
Status: ACTIVE
Start date: OCT 16, 2003
Stop date: OCT 16, 2004
Refills remainin9: 3
Days supply: 90
Quantity: 90
PATIENT NAME AND ADDPESS (Mechanicai imprinting, It avsilable)
SINNOTT, JAMES
1525 THOMAS ST
rRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
MedicationPage 2
Nov 12, 2C03
Comments:
SALSALATE 500MG TAB
'1'AKE '1'WO TABLETS BY MOUTH TWICE A DAY W/FOOD
StatUe: ACTIVE
Start date: OCT 16, 2003
Stop date: OCT 1.6, 2004
Refills remaining: 1
D-ays supply: 30
Quantity: 120
ComtnenLs
w/food
TERAZOSIN HCL 2MG CAP
TAKE ONE CAPSULE BY MOUTH AT BEDTIME FOR ENLARGED PROSTATE SYMPTOMS
Status: HOLD
Start date: OCT 16, 2003
Stop date: OCT 16, 2004
Refills remai.ning: 3
Days supply: 90
Quantity: 90
Comments:
"For enlarged prostate symptoms. Take at bedtirne.
FERROUS SULFATE 325MG TAB,UD
TAKE ONE '1'ABLET BY MOUTH EVERY DAY
Status: ACTIVE
Start date: SEP 18, 2003
Stop date: SEP 18, 2004
Refills remaining: 3
Days supply: 30
Quantity: 30
Comments:
AMITRIPTYLINE HCL 10MG TAB
TAKE ONE TABLET BY MOUTH AT BEDTIME FOR 1 DAY, THEN TAKE TWO 'tABLETS , AT BED1'I
PATIENT NAME AND ADORESS ( Mechanical imprinting, II available)
SINNOTT, JAMES
1525 THONfAS ST
IRONTON, 01110 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
MedicationPage 3
Nov 12, 2003
Status: DISCONTINUED
Start date: SEP 04, 2003
Stop date: SEP 04, 2004Refills remaining: 0
Days supply: 30
Quantity: 150
Comments:
increase dose up to 50 mg gradually; stop at dose which gives rest up to
50 mg at hs
SALSALATE 500MG TAB
TAKE TWO TABLETS BY MOUTH TWICE A DAY W/FOOD
Status: DISCONTINUE
Start date: SEP 04, 2003
Stop date: SEP 04, 2004
Refills remaining: 0
Days supply: 30
Quantity: 120
Comments:
w/food
SALSALATE 500MG TAB
TAKE ONE TABLET BY MOUTH TWICE A DAY FOR PAIN
Status: DISCONTINUE
Start date: JUN 20, 2003
Stop date: JUN 20, 2004
Refills remaining: 1
Days supply: 90
Quantity: 180
Comments,
k'OR PAIN
FEXOFEMADINE HCL 180MG TAB
TAKE ONE TABLET BY MOUTH EVERY DAY "FOR ALLERGIES... MAY CAUSE , SEDATION
St.at.us: DISCONTINUED
Start date: APR 07, 2003
Stop date: APR 07, 2004
Refills remaining: 11
Days supply: 30
PATIENT NAME AND ADDRESS (Mechanlcal hnprintlog, it available)
SINNOTT, JAMES
1525 THOMAS ST
JRONTON, OHIO 45638-1176
402s06326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
MedicationPage 4
Nov 12, 2003
Quantity: 30
Comments:
"For all.ergies... May cause sedation
TERAZOSIN HCL 2MG CAP
TAKE ONE CAPSULE BY MOUTH AT BEDTIME FOR ENLARGED PROSTA'I'E SYMPTOh1S
Status: DISCONTINUE
Start date: MAR 10, 2003
Stop date: 11AR 10, 2004
Refi.1.1s remaining: 3
Days supply: 90Quantity: 90
Comtnents :
"For enlarged prostate symptoms. Take at bedtime.
RABEPRAZOLE NA 20MG EC TAB
TAKE ONE TABLET BY MOUTH EVERY DAY E'OR STOMACH
Status: DISCONTINUE
Start date: FEB 03, 2003
Stop date: FEB 04, 2004
Refi.lls remaining: i
Days supply: 90QuanLity: 90
Comments:
ACETAMINOPHEN 325MG TAB
TAKE ONE TABLET BY MOUTH EVERY 6 HOURS AS NEEDED BOR PAIN
Status: DISCONTINUED
Start date: JAN 01, 2003
Stop date: JAN 02, 2004Refills remaining: 4
Days supply: 30
Quantity: 120
Comments:
as needed for pain
P.ABEPRAZOI.R NA 20MG EC TAB
PATfENT NAME AND ADDRESS (Mechanical imprinting, if available) VISTA Electronic Medical Documentation3INNOTT, JAMES
1525 THOMAS ST
[RONTON, OHIO 45638-1176 Printed at HUNTINGTON VAMCt02506326
MedicationPage5
Nov12,2003
TAKE ONE TABLET BY MOUTH TWICE A DAY FOR STOMACH
Status: DISCONTINUED (EDIT)
Start date: JAN 01, 2003
Stop date: JAN 02, 2004
Refills remaining: 0
Days supply: 30
Quantity: 60
Comments:
RANITIDINE 150MG TAB
TAKE ONE TABLET BY MOUTH EVERY DAY AS NEEDED
Status: DISCONTINUED
Start date: DEC 06, 2002
Stop date: DEC 07, 2003
Refills remaiiiing: 3
Days supply: 90
Quantity: 90
Comments:
TERAZOSIN HCL 2MG CAP
'PAKE ONE CAPSULE BY MOUTH AT BEDTIME
Status: DISCONTINUED
Start date: DEC 06, 2002
Stop date: DEC 07, 2003
Refills remaining: 8
Days supply: 30
Quantity: 30
Comments:
CAPSAICIN 0.025$ CR (20Z/TU)
APPLY SMALL AMOUNT EVERY 12 EIOURS AS NEEDED
Status: ACTIVE
Start date: DEC 06, 2002
Stop date: DEC 07, 2003
Refills remaining: 0
Days supply: 30
Quantity: 60
PATIENT NAME AND ADDBFSS (Mechanical Imprlnting, if available)
S1NNO'1'T, JAMES
7S25 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Medication Page 6 NOv,2, 2003
Comments:
pt needs Lo pick up today
FLUNISOLIDE 25MCG 200D NASAL INHL
SPRAY 2 SPRAYS IN BOTH NOSTRILS TWICE A DAY FOR NASAL ALLERGY SYMPTOMS
Stattts: DISCONTINUE
Start date: DEC 06, 2002
Stop date; DEC 07, 2003
Refills remaining; I
Days supply: 30
Quantity: 1
Comments:
CYANOCOBAL IMJ 1000MCG/ML (1ML/VI)
INJECT 1000MCG/1ML INTRAMUSCULAR MONTHLY
Status: ACTIVE
Start date: OCT 16, 2003
Stop date; NOV 7.5, 2003
Refills remaining: 0
Days supply: 30
Quantity: 1
Comments:
CODEINE 30/ACETAMINOPHEN 300MG TAB
TAKE ONE TO TWO TABLETS BY MOIJTH EVC:RY 6 IIOURS AS NEEDC•ll] F'GR PAIN. , fMAY CAUSC
Status: EXPIRED
Start daLe: SEP 18, 2003
Stop date: OCT 18, 2003
Refills remaining: 0
Days supply: 30
Quantity: 60
Coinments :
CYANOCOBAL INJ 1000MCG/P1L (1ML/VI)
INJECT 1000MCG/1ML INTRAMUSCULAR MONTHLY
Status: DISCONTINUE
Start date: SEP 18, 2003
PATIENT NAME ANO ADDRESS (Mechanical imprinting, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45636-1176
902506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
MedicationPage 7
Nov 12, 2003
Stop date: OCT 18, 2003
Refillo remaining: 0
Days supply: 30
Quantity; 1.
Comments:
CAPSAICIN CREAM,TOP TOP Q12H PRN
THIN LAYER
Status: DISCONTINUED
Start date: SEP 14, 2003@22:1D
Stop date: SEP 18, 2003@16:04:04
Conunents :
to affected area
AMITRIPTYLINE TAB PO QHS (BEDTIME)
50MG
Status: DISCONTINUF,D
Start date: SEP 14, 2003@22:10
Stop date: SEP 18, 2003916:04:04
Conunents :
FEXOFENADINE TAB PO QD
180MG
Status: DISCONTINUED
Start date: SEP 14, 2003@22:10
Stop date: SEP 18, 2003@16:04:04
Comments:
FLUNISOLIDE INHL,NASAL NA BID
2 SPRAYS
Status: DISCONTINUED
Start date: SEP 14, 2003@22:70
Stop date: SEP 18, 2003@16:04:04
Comments:
RABEPRAZOLE TAB,EC PO QD
20MG
'ATIENT NAME ANf1 ADnRESS tMechanical imprinting, ir available) VISTA Electronic Medical Documentation3INNOTT, JAMES
L525 THOMAS ST
LRONTON, OHIO 4 563 8-117 6 Pririted at HUNTINGTON VAMC302.S06326
IH ed icati o n Page a Nov 12, 2003
Status: DISCONTINUED
Start dat.e: SEP 14, 2003622:10
Stop date: SEP 18, 2003@16:04:04
Comments:
TERAZOSIN CAP,ORAL PO HS (BEDTIME)2MG
Status: DISCONTINUED
Start date: SEP 14, 2003@22:10
Stop date: SEP 18, 2003@16:04:04
Comments:
SALSALATE TAB PO Q6H
500MG
Status: DISCONTINUED
Start date: SEP 15, 2003@07:00
Stop date: SEP 18, 2003@16:04:04
Comments:
CYANOCOBALAMIN INJ,SOLN IM QD
1000MCG/1ML
Status: DISCONTINUED
Start date: SEP 16, 2003@12:52
Stop date: SEP 18, 2003@16:04:04
CommerrLs:
X 3 DAYS, THEN MONTHLY
FERROUS SULFATE TAB PO QD
325MG
SCatus: DISCONTINUED
Start date: SEP 16, 2003@12:52
Stop date: SEP 18, 2003@16:04:04
Comments:
ACETA 325MG W/CODEINE 30MG TAB PO Q6H PRN
2 TABLETS
Status: DISCONTINUED
SLart date: SEP 17, 2003@14:00
PATlEN7 NAME AND ADDRESS (Mechanical imprinting, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 456381176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
MedicationPage 9
Nov 12, 2003
PATIENT
SINNO
1525IRONT
40250
Stop date: SEP 18, 2003@16:04:04
Comments:
1-2 tabs po q6hours, prn for pain
DIATRIZOATE MEG & SOD. SOLN,ORA1. PO NOW
20 ML
StaCus: EXPIRED
Start date: SEP 17, 2003Q13:47
Stop date: SEP 17, 2003@14:09:02
Comments:
DIATRIZOATE MEG & SOD. SOLN,ORAL PO ONCE
20 ML
Status; F.XPIRED
Start date: SEP 15, [email protected]:22
Stop date: SEP 16, 2003@12:00
Coinments :MIX 20 ML GASTROGRAFIN IN 1000 ML OF WATER OR JUICE. GIVE 500 ML 2 HOURS
PRIOR TO EXAM. GIVE 500 ML 1 HOUR PRIOR TO EXAM.
SALSALATE TAB PO NOW
500MG
Status: EXPIRED
Start date: SEP 15, 2003@03:26
Stop date: SEP 15, 2003Q04:26:51
Comments:
SALSALATE TAB PO BID
1000MG
Status: DISCONTINUED
Start date: SEP 14, 2003@22:10
Stop date: SEP 15, 2003@03:26:04
Comments:
CYCLOBENZAPRINE HCL IOMG 'I'Ada
TAKR ONE TABLET BY MOUTH THREE TIMES A DAY FOR 7 DAYS, THEN TAKE ONE ,'1'ABLET
Status: EXPIRED
Start date: AUG 11, 2003
IAME AND ADDRESS (Mechanical imprlnWig, il available) VISTA Eleetronie Medical Documentation
'T, JAMES
'HOMAS ST
,N, OHIO 45638-1176 Printed at hiUNTINGTON VAMC326
Medication Page'o Nov 12, 2003
Stop date; SEP 10, 2003
Refills remaining; 0
Days supply; 28
Quantity; 42
Comments:
oATIENT NAME AND ADDRESS (Mechanical imprinting, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 456381176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Radiology Reportpage77
MYOCARDIAL PERFUSION
Exm Date: SEP 26, 2003@11:39
Req Phys: MUNN,NANCY J
Nov 12, 2003
Pat Loc: NUCLEAR MEUTCTNE (Req'g Loc)
Img Loc: NUC MED
Service: Unknown
(Case 962 COMPLETE) MYOCARDIAL PERFUSION (NM Detailed) CPT:78465
Clinical History:
r/o ischemia or mi
Report Status: verified Date Reported: SEP 30, 2003
Verifier E-Sig:
Date Verified: OCT 09, 2003
Report:
PERSANTINE STRESS TEST
Dictated by: Nancy Cronenberger, FNP
Date of Procedure: 09-26-03
INDICATION: Preoperative evaluation.
WRITTEN CONSENT/EXAM: The patient arrived at the nuclear stress
lab in a fasting state. The procedure, indications, potential
complications and available alternatives were explained to the
patient. Opportunity for questions was provided. After the
patient verbalized understanding of the procedure, written
consent was obLained. A bricf physical exain was done. No evidence
of significant aortic valvular disease or active wheezing was
noted.
METHODS: Intravenous access was established. The paLienL was
given a weight-based resting dose of 'Pc-99m Sestamibi.
Approximately 45 minutes later, resting images were obtained
using a SPECT camera. The patient was given a weight-based
infusion of persantine over a 4 minute interval. Three minutes
posL-infusion, the patient was given a weight-based sCress dose
of Tc99m Sestamibi. Five minutes post-infusion IV aminophylline
was given to reverse the effects of the persantinc. The patient
underwent continuous electrocardiographic monitoring and frequent
monitoring of blood pressure using an external cuff during the
infusiorr and post-infusion. The patient was observed
post-infusion until pulse, blood pressure and ECG returned to
PATIENT NAME AND ADDRESS ( Mechanical imprinting, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OI(IO 45638-1176
402506326
VISTA Electronic Medical Documentation
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Radiology ReportPa9e 12
Nov12.2003
baseline, and unti7 all side effects of the persantine were
resolved. After 1 hour stress images were obtained using a SPECT
camera. Stress and rest images were processed and compared for
differences in regional niyocardial tracer uptake, and if
possible, the stress images were gated for assessment of left
ventricular myocardial contractility. The patient tolerated the
procedure well and no complications were apparent.
DOSES: Resting: 10.6 mCi Tc99m Myoview.
Stress: 33.0 mCi Tc99m Myoview.
Persantine: 60mg.
Aminophylline: 100mg.
FINDINGS: 1. Baseline ECG: Normal sinus rhythm with a right
bundle branch block.
Persantine ECG: No ischemia or irifarction.
2. Initial blood pressure: 130/66.
Infusion blood pressure: 120/66.
Post-infusion blood pressure: 122/62.
3. Nuclear Rest and Stress Images: Normal perfusion in all
segments and no evidence of ischemia or infarction.
4. Ejection fraction: 62%
Wall motion: Norinal.
Impression:
1. Normal myocardial perfusion study.
2. ECG: No ischemia or infarction.
3. Clinical: No chest discomfort with Persantine infusion.
4. Nuclear: No ischemia or infarction. Ejection fraction of
6ag and no wall niotion abnormalities.
Primary Interpreting Staff:
IMKAN ARIF, MD, ATTENDING / STAFF CARDIOLOGIST
verified by transcriptionist for IMRAN ARIF, MD
/SPT
PATIENT NAME AND ADDPESS (Mechanical imprinting, If evallab(e)
SINNOTT, JAMES
I525 THOMAS ST
IRONTON, OHIO 45638-11'76
402506326
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Nov 12, 2003
MYOCARDIAL PERFUSION STUDY WITH EJECTION FRACTION
Proc Ord: MYOCARDIAL PERFUSION
Exm Date: SEP 26, 2003@11:39
Req Phys: MUNN,NANCY J Pat Loc: NUCLEAR MEDICINE (Req'g Loc)
Img Loc: NUC MED
Service: Unknown
(Case 963 COMPLETE) MYOCARDIAL PERFUSION STUDY WITH E(NM Deta-led) CPT:78480
Clinical History:
r/o ischemia or mi
Report Status: Verified Date Reported: SEP 30, 2003
Date Verified: OCT 02, 2003
Verifier E-Sig:
Report:
MYOCARDIAL PERFUSION STUDY: Please refer to case #962.
Impression:
Please refer to case #962.
Primary Interpreting Staff:IMRAN ARIF, MD, ATT6NDING / STAFF CARDIOLOGIST
Verified by transcriptionisC for IMRAN ARIF, MD
/SPT
MYOCARDIAL PERFUSION STUDY WITH WALL MOTION
Proc Ord: MYOCARDIAL PERFUSION
Exm Date: SEP 26, 2003011:39
Req Phys: MUNN,NANCY J Pat Loc: NUCLEAR MEDICINE (Req'g Loc)
Img LOcc NIIC MED
Service: Unknown
(Case 964 COMPLETE) MYOCARDIAL PERFUSION STUDY WITH W(NM Detailed) CPT:784v8
PATIENT NAME AND ADDRESS ( Mechanical imprinting, if availahle)
SINNOTT, JAMES
1525 THOMAS 91'
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
K
Radiology ReportPage14
Clinical History:
r/o ischemia or mi
Report Status: Verified Date Reported: SEP 30, 2003
Date Verified: OCT 02, 2003
Verifier E-Sig:
Report:
MYOCARDIAL PERFUSION STUDY: Please refer to case #062.
Impression:
Please refer to case #962.
Primary Interpreting Staff:IMRAN ARIF, MD, ATTENDING / STAFF CARDIOLOGIST
Verified by transcriptioni.st for IMRAN ARIF, MD
/SPT
CT HEAD W&WO CONT
Exm Date: SEP 17, 2003(D15:35
Req Phys: ROSS,RHONDA S
Nov 12, 2003
Pat Loc: OP Unknown/11-12-2003e,08:36
Img Loc: CT SCAPI
Service: MEDICAL
(Case 641 COMPLETE) CT HEAD W&WO CONT (CT Detailed) CY'1':70470
Clirlical History;PT. WITH RUL LUNG MASS ON CT, PROBABLE MALIGNANCY CT HEAD FOR
FURTHER W/U
Report Status: Verified Date Reported: SEP 18, 2003
Date Verified: SEP 18, 2003
Verifier E-Sig:/ES/HENRY H HAVEN
Report:
CT OP THE HEAD WITHOUT AND w1'1'H CONTRAST:
Multiple CT scan images of the head were obtained without and
with intravenous contrast enhancement.
Axial tomographic cuts of the brain were obtained from base to
PATIENT NAME AND ADDRESS ( Mechanical imprinting, if nvaila6lc)
SINNO'C'r, JAMES
iS25 THOMAS ST
IRONTON, OHIO 4S638-1176
402506326
VISTA Electronic Medical Documentation
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Radiology ReportPage15
vertex using 5and 10 mm slice thickness
The ventricular and cisternal anatomy is felt to be within normal
limits without evidence of displacement or distortion. '1'here is
nornial appearance of the 4th, 3rd and both lateral ventricles.
Midline structures show no significant displacement.
There is no evidence of extra-axial colle:aion or enhancing
lesion. No mass effect is seeri.
The vascular anatomy demonstrated is felt to be within normal
limits.
There is no eviderice of acute hemorrhage or brain infarction.
No other significant abnormality i.s .i.dentified.
impression:
Normal examination.
Primary Diagnostic Code: CORRELATION AS INDICATED
Primary Interpreting Staff:
HENRY H HAVEN, RADIOLOGIST (Verifier)
/SPT
CT ABDOMEN W/CONT
Proc Ord< CT ABDOMEN W&W/O CONT
Exm Date: SEP 17, 2003@15:35
Req Phys: ROSS,RHONDA S
Nov12,2003
Pat Loc: OP Unknown/11-12-20031,^08:36
Img Loc: CT SCAN
Service: MEDICAL
(Case 692 COMP7,ETE) CT ABDOMEN W/CONT ( CT Detailed) Ci?T:i4160
Clinical History:
PT. WITH RUI, LUNG MASS, EVAL. METS
Report Status: Verified Date,Reported: SEP 17, 2003
Date Verified: SEP 22, 2(]03
Verifier E-Si.g,/ES/PILAR PRABHU
PATIENT NAME AND ADDRESS ( Mechanical imprinling, il availahle)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OIITO 4563E9-1176
402506326
VISTA Electronic Medical Documentation
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Radiology ReportPage16
Report:
CT SCAN OF THE ABDOMEN AND PELVIS: CT scan of the abdomen and
pelvis is performed with intravenous and oral contrast. Multiple
axial images were obtained from the dome of the diaphragm to the
region of the pubic symphysis.
The examination demonstrates minimal pleural effusion at the lung
bases, left greater than the right, with associated atelectasis.
The liver, spleen, adrenal glands, and the pancreas are grossly
normal. Both kidneys are opacified. No evidence of
hydronephrosis. Degenerative changes are visualized in the
thoracic spine. increased fecal debris are noted in the colon.
No significant inflammatory changes are identified in the region
of the cecum.
scanning through the pelvis demonstrates the urinary bladder and
rectum are grossly normal. The prostate gland measures
approximately 5.0 x 5.5cm and is mildly enlarged. Clinical
correlation for prostate carcinotna is suggested. The delayed
images demonstrate no obvious mass in the liver. The gallbladder
is mildly distended.
Smpression:
No discrete masses are identified in the liver. Tiny, bibasil-ar
pleural effusion with associated atelectasis, left greater than
the right. No significant adenopathy. Mildly enlarged prostate
gland. Degenerative changes in the thoracic and lumbar spine. No
other significant abnormalities are identified.
Primary Diagnostic Code: CORRELATION AS INDICATED
Primary Interpreting Staff:
PILAR PRASHU, Staff Physician (Vcrifier)
/SPT
CT PELVIS W/CONT
Proc Ord: CT PELVIS W&W/O CONT
Exm Date: SEP 7.7, 2003915:35
Req Phys: ROSS,RHONDA S
PATIENT NAME AND ADDRESS (Mechanical imprinting, if available)
ST.NNOTT, J.AMES
1525 THOr1AS ST
IRONTON, OHIO 45638 1176
402506326
Nov 12, 2003
Pat Loc: OP Unknown/11-12-2003Cy08:3G
Img Loc: CT SCAN
Service: MEDICAL
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Radiology ReportPaget7
Nov 12, 2003
(Case 643 COMPLETE) CT PELVIS W/CONT (CT Detailed) CPT:72193
Clinical History:PT. WITH RUL LUNG MASS, EVAL. METS
Report. Status: Verified Date Reported; SEP 17, 2003
Date Verified: SEP 22, 2003Veri.fier E-Sig:/ES/PILAR PRABHU
Report:
CT SCAN OP THE PELVIS: Please refer to case 7t642.
Impression:
Please refer to case #642.
Primary Diagnostic Code: CORRELATION AS INDICATED
Primary Interpreting Staff;PILAR PRABHU, Staff Physician (Veritie
/SPT
CHEST FLURO OR FLURO UP TO 1 HR
Extn Date: SEP 17, 2003(009c46
Req Phys: MUNN,NANCY J Pat Loc: OP Unknown/1112-2003(6108:36
Img Loc: RADIOLOGY
Service: MEDICAL
(Case 544 COMPLETE) CHEST FLURO OR FLURO UP TO 1 HR (RAD Detailed) CPT:76000
Proc Modifiers : PORTABLE EXAM, OPERATING ROOM EXAM
Clinical History:
fluoro for bronch
Report Status: Verified
Verifier E-Sig;/ES/PILAR PRASHU
Date Reported: SEP 17, 2003
Date Verified: SEP 17, 2003
Report:
FLUORO EXAM: Fluoroscopy was provided for the service during the
performance of a procedure.
PATIENT NAME AND ADDRESS (Me<hanical imprinting, if available)
SINNOTT, JAMES
1525 THOMA9 S'P
T.RONTON, OHIO 45638-1176
402506326
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Radiology ReportPageT8
Nov 12, 2003
Impression:Utilizing of fluoroscopy only.
Primary Diagnostic: Code: CORRELATION AS INDICATED
Primary Interpreting Staff:
PILAR PRABHU, Staff Physician {Verificr)
/MJT
CHEST SINGLE VIEW
Exm Date: SEP 17, 2003@09:35
Req Phys: MUNN,NANCY J Pat Loc: OP Unknown/11-12-2003@08:36
Img Loc: RADIOLOGY
Servicer MEDICAL
(Case 533 COMPLETE) CHEST SINGLE VIEW (RAD Detailed) CPT:71010
Proc Modifiers : PORTABLE EXAM
Clinical History:
bronch with bx's. r/o pneumo.
Report Status: Verified Date Reported: SEP 17, 2003
Date Verified: SEP 17, 2003
Verificr E-Sig:/ES/PILAR PRABHU
Report:
CHEST, SINGLE PORTABLE VIEW: Comparison is made with the prionr
study dated 09-04-03. Examination demonstrates mildly enlarged
cardiac silhouette. The patient is status-post bronchoscopy. No
obvious pneumothorax identified. Mild COPD persists.
impressiori:
No gross evidence of pneumothorax. The patieiit is status-post
bronchoscopy. Mild COPD.
Primary Diagnostic Code: CORRELATION AS INDICATED
Primary Interpreting Staff:PILAR PRABHU, Staff Physician (Verifier)
/MJT
PATIENT NAME AND ADDRESS ( Mechanical imprinling, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
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Radiology ReportPage 19
BONE IMAGING, WHOLE BODY
Exm Date: SEP 16, 20036P0B:37
Req Phys: ROSS,RHONDA S
Nov 12, 2003
Pat Loc: OP Unknown/11-12-2003908:36
Iing Loc : NUC MED
Service: MEDICAL
(Case 272 COMPLETE) BONE IMAGING, WHOLE BODY (NM Detailed) CPT
Clinical History:PT. WITH RUL LUNG MASS, PROBABLE CA, EVAL. METS
Report Status: Verified Date Reported: SEP 16, 2003
Date Verified: SEP 17, 2003
Verifier E-Sig:/ES/HENRY H HAVEN
Reporc:
BONE SCAN: This examination consists of delayed AP and PA
images following the intravenous administration of 22.5
millicuries of Technetium 99m HDP. Degenerative activity is seen
in the shoulders, sternoclavicular joints, and probably
anteriorly in the cervical region which may represent activity in
the thyroid. Bilateral knee prostheses are in place.
lmpression:
1. No evidence of fnetastatic disease.
Primary Interpreting Staff:
HENRY H HAVEN, RADIOLOGIST (Verifier)
/MJT
CT THORAX W/CONT
61xm Date: SEP 11, 2003@08:09
Req Phys: JOSEPH,SANDRA
78306
Pat Loc: AMB CARE WALK-IN lReq'g Loc)
Iinq Loc: CT SCAN
Service: Unknown
*** THIS IS AN AMENDED REPORT ***
PATIENT NAME AND ADDRESS ( Mechanical imprinfing, if available)
STNNOTT,JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
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Radiology Report Page20 Nov12,2003
(Case 818 COMPLETE) CT THORAX W/CONT (CT Detailed) CPT:7126G
Clinical History:
rul mass on screening for asbestosis xray here suggestive please
inform patient of time and date
Report Status: Verified Date Reported: SEP il, 2003
Date Verified: SEP 18, 2003
Verifier E-Sig:/ES/HENRY H HAVEN
Report:
CT CHEST WITH CONTRAST: There is confirmaLion of a pleural-based
mass lesion lying anteriorly and medially in the right upper
lobe, which demonstrates minimal linear extension to the anterior
right upper lobe pleural surface.
This mass measures some 3.3 x 3.8cm in its maximum diameters. A
small, pleural-based lesion is imaged posteriorly in the right
upper lobe.
Impression:
1. Evidence of a large, probably neoplastic mass lying
anteriorly and medially in the right upper lobe, which is
pleural.-based and which has minimal linear extension to ttie
anterolateral portions of Che right upper lobe. A biopsy is
recommended for further evaluation.
2. Small pulmonary nodule, which is also probably pleural-based,
lying posteriorly in the right upper lobe,
PRIMARY DIAGNOSTIC CODE 4 ABNORMALITY, ATTN. NEEDF.D
*.***********.**ADDENDUM BY DR. HAVEN ON09-17-03*************:.*.***.*+,,,**
'1'here is reimaging of a large probable neoplastic mass,
pleural-based, in the right lower lobe.
Primary Diagnostic Code: ABNORMALITY, ATTN. NEEDED
Primary Interpreting Staff:
HENRY H HAVEN, RADIOLOGIST (Verifier)
/SPT
CHEST 2 VIEWS PA&LAT
PATIENT NAME AND ADDRESS ( Mechanical imprinting, if available)
SINNO'1"1', JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
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Radiology ReportPage27
Nov 12, 2003
Exm Date: SEP 04, 2003009:56
Req Phys: JOSEPH,SANDRA Pat Loc: AMB CARE WALK-IN (Req'g Loc)
Img Loc: RADIOLOGY
Service: Unknown
Clinical. History:
has evidence of RUL mass on screeniing CXR for asbestosis also
R/O asbestosis
Report Status: Verified Date Reported: SEP 05, 2003
Date Verified: SEP 09, 2003
Verifier E-Siga
Report:
PA AND LATERAL CHEST: Comparison is made with the prior study
dated 03-10-03. Examination demonstrates ttie heart is top-normal
in size. The pulmonary vascularity is unremarkablc. Chronic
emphysematous changes with scarring are noted at the lung bases
and at the lurig apices. There is vague opacity in the right apex
abutting the mediastinum which was not well appreciated on the
previous study and may represent scarring. In the absence of
prior CT, a C'1' scan with intravenous contrast is suggested for
further evaluation. Degenerative changes are visualized in the
thoracic spine.
Impression:
Somewhat increased opacity in the right apex as described which
may be related to scarririg. A CT scan with inCravenous contrast
is suggested for further evaluation. No gross evidence of acute
infiltrate or pleural effusion. Mild COPD persists.
Primary Diagnostic Code: CORRELATION AS INDICATED
Primary Interpreting Staff:
PILAR PRABHU, Staff Physician
Verified by transcriptionist for PILAR PRASHU
/MJT
PATIENT NAME AND ADDRESS ( Meehanlcal Imprinting, ii available)
SINNOTT, JAMES
1525 THOMAS ST
TRONTON, OH1O 45638-1176
402506326
VISTA Electronic Medical Documentation
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Lab ResultPage22
Nov 12, 2003
- ROUTINE CHEMISTRY ----
SERUM NA K CL HC03 BUN CREAT
Ref range 135-145 3.5-5 98-110 23-32 8-27.
MMOL/L MEQ/L MMOL/L MMOL/L MG/DL MG/DL
------------- --_-.------------------------------------------------------------
09/15/2003 05:00 137 3.9 104 27.9 12 0.8
09/14/2003 16:23 136 4.1 102 25.6 11 08
09/04/2003 09:47 134 1, 4.6 100 27.7 7 L 0.8
08/11/2003 10:23 136 4.8 101 28.8 7 L 0.9
SERUM B/CR AGAP C/OSM OSMO AST ALT
Ref range 3-16
mEq/L
275-300
mOSM/L
285-310
mOSM/L
5-40
IU/L
5-40
IU/L
------------- -- - -----------------------------------------------------------
09/04/2003 09:47----------
17----------
14--------
SERUM ALKP GGT LDH TBIL TP ALB
Ref range 40-120
IU/L
8-60
IU/I,
90-230
IU/L
.11MG/DL
6.5-9
G/DL
3.6-5
G/DL
09/04/2003 09:47 69 0.9 6.9 3.7
SERUM CA PHOS
Ref range 8.4-10.7 .7-1.5
MG/DL MMOL/L
-------------------------------------------------------------------------------
09/15/2003 05:00 8.9
09/14/2003 16:23 8.909/04/2003 09:47 9.308/1.1/2003 10:23 9.1
---- METABOLIC ----
SERUM PSS 10:00 16:00 22:00 RAN GLU CHOL
Ref range 70-110 -120 70-110 140-240
MG/DL, MG/DL MG/DL MG/DL MG/DL MGiDI,
09/15/2003 05:00 9209/14/2003 16:23 9109/04/2003 09:47 10508/11/2003 10:23 105
PATIENT NAME AND ADORESB (Mechanlcal Imprinting, if availabte)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
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Lab ResultPage 23
Nov 12, 2003
SERUM URIC AC MG ICETONES
Ref range 4-8
MG/DL
1.5-2
ME(1/i.
0MG/DI,
SPECIAL/ENZYMES
SERUM
Ref range
AMY
15-105
U/L
LIP
4-24
U/L
DHIL
0-.4
MG/DL
NH3 LAC
11-35 6-2.2
UMOL/L MMOL/L
CPK
35-232
IU/L,
------------------------ -09/04/2003 09:47 0.1
08/11/2003 10:23 36
SERUM
Ref range
CK/MB
0-10
Lll1
0-49
ACP
0-.8
CKMB
0-9
NG/MC, U/L U/L U/L
------------------------------ --------- ----------- ------------------- ---
- C
SERUM IRON
Ref range 70-120
HEMISTRX SPECIALS -
TRANS $SAT
212-360 20-50
FER
50-350
PRE-ALB
182-332
UG/DL mg/dL % ng/mL MG/L
a 09/16/2003 05:00 185 L
b 09/16/2003 05:00 42 L 189
09/04/2003 09:47 56 L
SERUM HAPT IONZ C
Ref range 30-210 1.19-1.27
MG/DL MMOL/L
-------------------------------------------------------------------------------
a. Evaluation for TRANS:
Please note, new methodology and reference ranges beginning
3/23/2000.b. Evaluation for IRON:
$SAT=FE/(TRANSFERRIN*1.37) x 100
- CHC PROPILG I -
BLOOD WBC AB NEUT AB LYM RBC HGB HC'1'
Ref range 5-10 1.9-8 1.5-4 4.7-6.1 14-18 42-52
PATIENT NAME ANO ADDRESS (Mechanical imprinfing, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326Printed at fiUNTINGTON VAMC
Lab ResultPage 24
Nov 12. 2003
K/cmm K/cmm K/cmm M/cmm g/di.
------------------------------------- -------------------- -----------_.---...----
09/1.6/2003 05:00 6.30 4.00 1.50 4.68 L 13.7 L 41.1 L
09/15/2003 05:00 5.80 3.00 1.80 4.47 L 13.2 L 39.2 1
09/14/2003 16:23 6.30 3.40 1.90 5.03 14.5 44.109/04/2003 09:47 6.30 4.00 1.50 4.90 14.2 43.108/11/2003 10:23 7.60 5.10 1.70 4.84 14.3 4.3.0
BLOOD PLT RETIC CD4 CD8
Ref range 140-440 15-50 395-1601 161-807
K/cmm K/cmm CELLS/UL CELLS/UL
09/16/2003 05:00 247 .3909/15/2003 05:00 24909/14/2003 16:23 29709/04/2003 09:47 27508/11/2003 10:23 272
- CBC PROFILE II -
BLOOD NEUT % LYMPH % MONO % EOSIN % BASO % LUC %
Ref range 40-74 19.6-52.7 3.4-10 0-7 0-1.5 0-4
$ % % s $ °s-------------------------------------------------------------------------------
09/16/2003 05 : 00 62.8 23.6 9.5 3.8 0.3
09/15/2003 05:00 51.9 31.3 11.7 H 4.S 0.6
09/14/2003 16:23 54.4 30.5 10.9 H 3.8 0.409/04/2003 09:47 63.9 23.1 9..3 3.4 0.308/11/2003 10:23 67.1 21.9 7.7 2.8 0.5
BLOOD MCV MCH MCHC RDW HDW
Ref range 80-94 27-35 31.5-36.5 11.5-14.5 2.2-3.2
fl uug G/DL %g/dL
09/16/2003 05:00 87.7 29.3 33.4 13.7.09/15/2003 05:00 87.4 29.4 33.6 13.109/i4/2003 16:23 87.5 28.0 32,9 13.1
09/04/2003 09:47 87.9 29.0 33.0 13.308/11/2003 10:23 88.9 29.6 33.3 12.9
BLOOD MPV ANISO MICRO MACRO HYPO
Ref range 7.2-11.1 0-1+ 0-1+ 0-1+ 0-1.+
fL U-4i 0-4+ 0-4+ 0-4+
-------------------------------------------------------------------------------
PATIENT NAIA8 AND ADDRFSS (Mcchanical imprinting, ll available)
STNNOTT, JAMES
152S THOMAS ST
TRONTON, OHIO 45638-1176
402S06.326
VISTA Electronic Medical Documentation
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Lab ResultPage 25
Nov 12, 2003
09/16/2003 05:00 8.809/15/2003 05:00 9.209/14/2003 16:23 8.309/04/2003 09:47 7.9OB/11/2003 10:23 7.8
- COAG
PLASMA PT TNR PTT PIRRINO TIiROMBT
Ref range 10-13.4 .81-1.09 25-35 188-383 8-14
Seconds Seconds mg/dL Sec
a 09/16/2003 05:00 14.3 H 1.21 H 28
PLASMA AT III FSP D-DIMER BLEED T
Ref range 84-123 0-5 0.5 2-9
% NtiP ug/mi ug/ml Mins-- ----------------------------------------------------------------------------
a. Eva2uation for PT:
NOTE: NEW NORMAL RANGES TAKING EFFECT 11-18-1999. DIFFERENCES
WILL BE NOTED WHEN COMPARING RESULTS BEFORE THE DATE ABOVE TO
ONES AFTER.
Evaluation for PTT:
NOTE: NEW RANGED AS OF 11-18-1999.
PLEASE NOTE TkIAT VALUES BEFORE 1118-99 MAY NOT CORRELATE
WITH EARLIER RESULTS DUE TO NEW REAGENTS AND INSTRUMENTATION.
PANIC VALUES FOR PATIENTS NOT ON HEPARIN THERAPY ARE (>45)
PANIC VALUES FOR PATIENTS ON HEPARIN THERAPY ARE (>100)
HEPARIN THERAPY RANGE = 48-81 sec-
'1'HE APTT IS THE RECOMMENDED LABORATORY TEST FOR MONITORING HEPARIN
THERAPY.
Evaluation foc INR:
THE INTERNATIONAL NORMALIZED RATIO (INR) IS THE RECO14I4ENDED LABORATORY
TEST FOR MONITORING ORAL ANTICOACULANT(COUMADIN THERAPY) AT THIS FACILITY.
Therapeutic range for coumadin therapy: 2.0 - 3.5
IMMUNOLOGY/SEROLOGY ----
SERUM RPR MHA-'I'P RF MONO TE STREPTO
Ref range Nonreactive NON-HEAC't'1VE Negative Negative NI3l:A'I'fVE:
09/04/2003 09:47 NEG
PATIENi NAME AND ADDRESS (Mechanical Imprinting, if available)
SINNOTT, JAMES
1525 'I'IIOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Lab ResultPage 26
Nov 12, 2003
SERUM ANA
Ref range NegaLive
---- THYROID FUNCTTON TESTS
SSRUM TT4-RIA FT4-RIA TSH-RIA T3-RIA T4-LAB
Ref range 6.1-11.8 .65-2.2 .4-3.1 80-200 4.5-12
UG/DL NG/DL uIU/ML NG/DL ug/dl
------------------------- --------------------------------------------------------
SERUM FT4-LAB TSH-LAB T3-LAB
Ref range .71-1.85 .32-5 80-200
ng/d1 uIU/ML ng/dl
------------------------------------------------------------------------
09/04/2003 09:47 1.0 0.6--- VITAMIN B12 / FOLATE ----
SERUM B12-RIA POL-RIA RC-POL. B12-LAB
Ref range 225-1000 2.9-18.7 160-650 1.79-7.132
PG/ML NG/ML NG/ML pg/tnJ.- -- -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - -
09/16/2003 05:00 283.00
SERUM FOL-LAB
Ref range 2.9-18.7
ng/ml
-------------------------------------------------------------------
09/16/2003 05:00 7.20
---- ARTERIAL BLOOD GAS **ASSAYED IN RESPIRATORY THERAPY LABORATORY** --
ARTERIAL BLOO PH PC02 P02 AHCO3 BE
Ref range 7.35-7.45 32-46 74-108 21-29 -2-+2.0
MMHG MMHG MMOL/L MMOL/L
-------------------------- - - --------------------------------------
a 09/25/2003 14:43 7.35 41 82 23 -2.2 L
b 09/14/2003 16:25 7.41 43 76 27 3.0 H
ARTERIAL BLOO 02CT. 02SAT 11' HB
Ref range 15-23 92-96 13-18
ML/DL % G/DL
PATIENT NAME AND ADDRESS (Mechanfcal imprinting, it available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Lab ResultPage 27
Nov 12, 2003
a-09/25/2003 14:43 95
b 09/14/2003 16:25 95
a. RA/RBA/TEMP 37.0
b. DRAWN FROM RRA, A+, ON ROOM AIR, TEMP 36.8C. BH.
- DIFF -
BLOOD 09/16 09/04
2003 2003
Reference
05:00 09:47 Unit's Ranges--------------------------------------------------------------------------
SEGS 45-70
BANDS 0-8
LYMPH % 15-40
MONOS 3-12
EOSINO 0-5
BASO 0-2
ATY LYM 0-0
META : 0-0
MYELO 0-0
PROS 0-0
BLASTS 0-0
PLASMA 00
NRBC %/WBC 0-0
PLT.E ADEQUATE
ANISO 0-4+ 0-1+
MICROCY 0-4,0-1+
MACRO 0-4+ 0-1+
POIKILO 0-4+ 0-1+
HYPO 0-4+ 0-1+
POLYCHR 0-4+ 0-1+
OTHER
LAP 25-130
SICKLE NEG
ESR 25 H 29 H MM/HR 0-10
MISCELLANEOUS TESTS ----
DATE TIME SPECIMEN TEST VALUE Ref ranges
10/23/2003 FECES
10/23/2003 FECES
10/23/2003 FECES
09/04/2003 09:47 SERUM
Evaluation for ANA-LC:
PATIENT NAME AND ADOt1ESS (Mechanical Imprinting, il available)
SINNOTT, JAMES
1525 TIiOMAS ST
IRONTON, OHIO 45638-1176
402506325
OCCULT : NEGATIVE NEGATIVE-
OCCULT2: NEGATIVE NEGATIVE-
OCCULT3: NEGATIVE NEGATIVE
ANA-LC: 1:40 Speckled <1:40 (NEGATIVE)-
VISTA Electronic Medical Documentation
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Lab Resu ltPage 28
Nov 12, 2003
TESTING PERFROMED AT LEXINGTON VAMC BEGINNING 6-1-99.
---- MICROBIOLOGY ---
Accession: AFB 03 180 Receiveci: Sep 17, 2003 10:55
Collection sample: BRONCH WASH Collection date: Sep 17, 2003 09:30
Site/Specimen: BRONCHUS
Provider: MI7NN,NANCY J
Test(s) ordered: AFB CULTURE & SMEAR completed; Nov 07, 2003
* MYCOBACTERIOLOGY FINAL REPORT =n Nov 07, 2003 TECH CODE: 1B3
Concentrate Acid Fast Stain: Negative
Myco6acteriology Remark(s):9/17 TESTING PERFORMED BY WV. OFFICE OF LAB. SERVICES
167 11TH AVE SOUTH CHARLESTON, WV 25303
9/18 CONCENTRATE SMEAR RPT BY RKC
11/07 NO ACID FAST ORGANISMS ISOLATED ON CULTURE. /MRP
---- MICROBIOLOGY ----
Accession: MYC 03 230 Received: Sep 17, 2003 10:55
Collection sample: BRONCH WASH Collection date: Sep 17, 2003 09:30
Site/Specimen: BRONCHUS
Provider: MUNN,NANCY J
Test(s) ordered: MYCOLOGY CULTURE completed: Oct 16, 2003
* MYCOLOGY FINAL REPORT => Oct 16, 2003 TECH CODE: 183
Fungus/Yeast:
CANDIDA ALBICANS
Comment: 9/24 RPT BY RKC
Mycology Remark(s):
9/22 YEAST GROWTH PRESENT. /RKC
---- MICROBIOLOGY ----
Accession: MICRO 03 3593 Received: Sep 17, 2003 10:54
Collection sample: BRONCH WASH Collection (laCe: Sep 17, 2003 09:30
Site/Specimen: BRONCHUS
Provider: MUNN,NANCY J
Testjs) ordered: GRAM STAIN completed: Sep 17, 2003 14:29
CULTURE & SUSCEPTIBILITY completed: Sep 19, 2003
* BACTERIOLOGY FINAL REPORT => Sep 19, 2003 TECH CODE: 7078
GRAM STAIN:
9/17 2+ RED BLOOD CELLS
PATIENT NAME AND ADDRESS ( Mechanical imprinting, if available)
STNNOTT, JAMES
1525 THOMAS ST
TRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Lab ResultPage 29
Nov12,2003
TRACE SQUAMOUS EPITHELIAL CELLS
2+ GRAM POSITIVE COCCI
2+ GRAM POSITIVE RODS
Bacteriology Remark(s):
9/18 3+ NORMAL FLORA /RhtA
9/19 3+ NORMAL FLORA /RMA
ABO Rh: 0 POS
No UNITS assigned/xmatched
No component requests
---- BLOOD BANK -
I --- AHG(direct) --- I I -AHG(indirect) - IDate/time ABO Rh POLY IgG C3 Interpretation (Antibody screen)
____ ___ ___ ______________ _________________
---- CYTOPATHOLOGY ----
Dat.e Spec taken: Sep 17, 2003 Pathologist:NGUYEN HUU DICH M.D.
Date Spec rec'd: Sep 17, 2003 14:13 Tech:
Date completed: Sep 18, 2003 Accession #: CY 03 701
Submitted by: NANCY J MUNN Practitioner:NANCY J MUNN
Specinten:
1-BRONCH BRUSHINGS POSTERIOR SEGMENT RUL
2-BRONCH BRUSHINGS APICA_L SEGMENT RUL
3-BRONCH BRUSHINGS ANTERIOR SEGMENT RUL
4-BRONCH BRUSH TIP
5-BRONCH WASF[INGS
Brief Clinical History:
NONE GIVEN
Px-eoperative Diagnosis:
RIGHT UPPER LUNG MASS
Operative Findings:
NONE G1VEN
Postoperative Diagnosis:
RIGHT UPPER LUNG MASS
Gross Description:
1.- Two prepared slides.
2.- Six prepared slides.
3.- Two prepared slides.
4.- Two prepared slides.
5.- 25 cc of bloody fluid. Four cytospin slides are prepared.
Microscopic exant/Diagnosis (Date Spec taken: Sep 17, 2003)
1,2,3, and 4: Multiple bronchial brushings and one brush tip:
- Positive for malignant cells (See comment).
Bronchial washings:
PATIENT NAME ANf) ADpqESS ( Mechanical Imprinting, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Lab ResultPage 30
Nov12,2003
- Negative for carcinoma cells- Part 5 consists mostly of epithelial cells
ancl some leukocytes.
Conlment: Please see surgical specimen SP-03-2191 for details.
---- SURGICAL PATHOLOGY -
Date Spec taken: Sep 17, 2003 PaChologist:WILLIAM E TRIEST
Date Spec rec'd: Sep 17, 2003 13:33 Resident:
Date completed: Sep 18, 2003 Accession 4: SP 03 2191
Submitted by: NANCY J MUNN Practitioner:NANCY J MUNN__--------------------------------------------------------------------------
Specimen:
BX RUL APICAL SEGMENT
Brief Clinical History:
NONE GTVEN
Preoperative Diagnosis:
RIGHT UPPER LUNG MASS
Opcrative Findings:
NONE GIVEN
Postoperative Diagnosis:
RIGHT UPPER LUNG MASS
Gross description:
The specimen is labeled with the name of the patient, Sinnott and
^biopsy right upper lobe apical segment". The specimen consists of
multiple small pieces of soft tissue altogether measuring 0.8 cm X 0.7 cm
X 0.1 cm. The specimen is entirely einbedded in one cassette between
spongcs. ND/jkb
Microscopic exam fDate Spec taken: Sep 17, 2003)
Microscopic examination performed.
Diagnosis8iopsy right upper lobe apical segment:
Non small cell carcinoma.
Note: Dr. Dich concurs with the diagnosis. Dr. Munn was
notified in person at 12:05 p.m. on 9-18-03. A staging sheet will be
sent.
PATIENT NAME AND ADDHESS ( Mechanical impfinting, if available)
SCNNOTT, JAMES
1.525 THOMAS ST
IRONTON, OIIrO 4S638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Discharge SummaryPage31
TITLE: Discharge Summary
ADMIN DA'1'E: SEP 14, 2003 DISCH. DATE:
DICT DATE: SEP 17, 2003@13:39 ENTRY DATE: SEP 17, 2003@13:39:40
DICTATED BY: ROSS,RHONDA S ATTENDING: ROSS,RHONDA S
URGENCY: routine STATUS: COMPLETED
*** Discharge Summary Has ADDENDA ***
DISCHARGE DIAGNOSIS:
RRIGHT UPPER LOBE LUNG MASS
MUSCULOSKELETAL PAIN 2NDARY TO ABOVE
ANEMIA/IRON DEF.
VITAMIN B12 DEFICIENCY
WEIGHT LOSS
CHRONIC OBSTRUCTIVE PULMONARY DISEASE
GASTROESOPHAGEAL REPLUX DISEASE
CHRONTC LOW BACK PAIN *
}3P}I
OPERATIONS & PROCEDURES PERFORMED AND DATES:
WHOLE BODY BONE SCAN 9/16/03
BRONCHOSCOPY 9/17/03
CT ABD./PELVIS 9/17/03
CT HEAD 9/17/03
COMPLICATTONS:NONE
Nov 12, 2003
HOSPITAL COURSE:64yo admitted after found abnormal CXR, CT done which
showed RUL luug mass.Pt. states pain started back 5/03 in shoulder areas
"muscles" and occ. feels like in joints. Has decreased grip strength and
pain with abduction of arms bilat., no hempotysis, no change appetite, 10
lb. wt. loss x 1 month. Pt. worlced as industrial millwrite where he was
exposed to asbestos and other chemicals he does not know names of, then
worked as electrician last 28 years, retired 1997. Pulmonary consulted and
bronchoscopy done 9/17/03 with results pending. Whole body bone scan
negative for evid. of malignancy. CT abdomen and pelvis pending. Pt.
hospital course unremarkable, no complications. On admit found to be
deficient in vitamin B12 and also iron def. anemia. Pt. statrted of Vit.
812 inj. and to continue monthly along witki ferrous sulfate 325mg daily.
Pt. discharged home in stable condition.
PMH: GERD, CHRONIC LOW BACK PAIN, BPH, SUNUSITIS, ANGINA, CATARACT RIGHT
EYE, DRY EYE SYNDOME, COPD, MALLOWRY WEISS TEAR 1/03, UGI BLEED 1/03, HX
EtERPES ZOSTER, QUIT SMOKING APPROX. 8 YEARS AGO(45 YEAR HISTORY)
PHYSICAL EXAP1:
GENERAL:AO X 3, NAD
I{EENI':wnl
PATIENT NAME AND ADDRESS (Mechanical imprinting, if available)
SINNOTT, JAMES
152S THOMAS ST
TRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Discharge SummaryPage32
NECK;supple, no JVD, no Lymphadenopathy
CARDJ:OVASCULAR:RRR w/o murmur, no ectopy
RESPIRATORY:CTA bilat., no wheezes, no rales, no ronchi
GASTROINTESTINAL; abd. soft., NT, +d3S, no masses, no organomegaly
MUSCUI.OSKF,LETAL:4/5 MS in UE & LE, mildly decreased grip strengt.h bilat.,
pain with abduction to 90 degrees bilat.
SKIN:wnl
NEUROLOGICAL:CN II-XII grossly intact
EXTREMITIES:no clubbing, no cyanosis, no edeina
DISCHARGE MEDICATIONS:
AMITRIPTYLINE TAB 50MG PO QHS (BEDTIME)
CAPSAICIN CREAM,TOP THIN LAYER TOP Q12H PRN to
affected area
CYANOCOBALAMIN INJ,SOLN 1000MCG/1ML IM QD X 3 DAYS,
THEN MONTHLY
PERROUS SIJLFATE TAB 325MG PO QD
FEXOFENADINE TAB 180MG PO QD
FLUNISOLIDE INHL,NASAL 2 SPRAYS NA BID
RABEPRAZOLE TAB,EC 20MG PO QD
SALSALATE TAB SOOMG PO Q6H
TERAZOSIN CAP,ORAL 2MG PO US (BEDTIME)
ACETA W/CODEINE 1.-2 TABLETS EVERY 6 HOURS AS NEEDED FOR PAIN
ADDENDUM:(instructions on medications)
po means to take by mouth
QD means to take once a day
BID means to take twice a day
TID means to take three times a day
QID means to take four times a day
QHS means to take at bedtime
QOD means to take every other day
PRN means to take only as needed
CHANGES IN MEDICATIONS:
ACETA W/CODIENE ADDED FOR PAIN
FERROUS SULFATE 325MG PO QD ADDED
ACTIVITY: AS TOLERATED
DIET:REGULAR
CONDITION AT DISCHARGE: STABLE
FOLIAW-UP:
-PULMONARY CLINIC 1 WEEK
-PRIMARY CARE PROVIDER, DR_ BOWMAN 4 WEEKS
/es/ RHONDA S ROSS,MD
PATIENT NAME AND ADDRESS (Mechanical imprinfing, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506.326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Nov 12, 2003
Discharge SummaryPage33
STAFF PHYSICIAN
Signed: 09/18/2003 11:01
Nov 12, 2003
09/18/2003 ADDENDUM:
Pt. bronchoscopy results positive for non-small cell lung cancer.
Dr. Munn has scheduled pt. for PET Scan, PFT's, and Persantine Stress Test
in preparation for possible future surgical resection if pt. would be a
candidate.
/es/ RHONDA S KOSS,MD
STAFF PHYSICIAN
Signed: 09/18/2003 15:51
PATIENT NAME AND ADDPESS ( Mechanical imprinling, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Elecfronic Medical Documentation
Printed at HUNTINGTON VAMC
Consult RequestPage 34
Current PC Provider: BOWMAN,SARA C
Current PC Team: BLUE TEAM D
Current Pat. Status: Outpatient
Primary Eligibility: NSC
Order Information
To Service; THORACIC
From Service: PULMONARY/CHEST
Requesting Provider: MUNN,NANCY J
Service is to be rendered ort an OUTPATIENT basis
Place: Consultant's choice
Urgency: Routine
Orderable Item: THORACIC
Consult: Consult Request
Reason For Request:
Patient with non small cell ca of RUL. Got w/u for possible thoracotomy
but PET scan suspicious for metastatic disease to right paratracheal and
tracheobronchial space. Please review films to see if you feel that
biopsy of riodes is warranted. Metastatic w/u is otherwise negative.
Please let me know and will refer to Oncology and Radiation if not a
surgical candidate.
Inter-facility Information
This is not an inter-facilitv consult request.
Status: PENDING
Last Action: PRINTED TO
Nov 12, 2003
Eacility
Activity Date/Time/Zone Responsible Person Entered By_______ __________________________ _________.
CPRS RL'LEASED ORDER 11/10/03 15:36 MUNN,NANCY J MUNN,NANCY J
PRINTED TO OR4 11/10/03 15:36
Note: TIME ZONE is local if not indicated
No local TIU results or Medicine results available for this consult
------ END
Current PC Provider:
Current PC Team:
Current Pat. Status:
Primary Eligibility:
Order inforination
To Service:
From Service:
BOWMAN,SARA C
BLUE TEAM D
Outpatient
NSC
FEE BASIS-PET SCAN
5 S-M
PATIENT NAME AND ADDRESS (Mechanlcal Imprinting, it available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
JAMES SINNOTT
CUYAHOGA COURT OF COMMON PLEAS CV-04-521874
MEDICAL RECORDS FROM HUNTINGTON VETERANS
ADMINISTRATION CENTER
PART II OF IV
Consult RequestPage 35
Nov72,2003
Requesting Provider: MUNN,NANCY J
Service is to be rendered on an INPATIENT basis
Place: Bedside
iJrgency: Routine
Orderable Item: FEE BASIS-PET SCAN
Consult: Consult Request
Reason For Request:
Patient with new diagnosis of lung cancer RUL. Has hilar and enediast:inal
adenopathy. Needs PET scan to assess for metsiri mediastirium. Please
schedule ASAP.
Inter-facility Information
'Phis is not an inter-facility consult request.
Status: SCHEDULRD
Last Action: SCHEDULED
Facility
Activity Date/Time/Zone Responsible Person Entered By_____________________________________________________________________________..
CPRS RELEASED ORDER 09/18/03 14:25 MUNN,NANCY J MUNN,NANCY J
PRINTED TO HUNMASI8 09/18/03 14:25
SCHEDULED 09/30/03 11:21 ZBAN,BILINDA H ZBAN,BILINDA H
PT. SCHEDULED FOR A PET SCAN ON 10/27/03 AT ST MARY'S HOSPITAL AT
10:30A.M.
Note: TIME ZONE is local if not indicated
No local '1'IU results or Medicine results available for this consultEND ------------------ _-
Current PC Provider; BOWMAN,SARA C
Current. PC Team: BLUE TEAM D
Current Pat. Status: Outpatient
Primary Eligibility: NSC
Order Information
To Service: STRESS TES'1'
From Service: 5 S-M
Requesting Provider: MUNN,NANCY J
Service is to be rendered on an INPATIENT basis
Place: Consultant's elioice
Urgency: Routine
Orderable Item: STRESS TEST
Consult: Consult Request
Reason For Request:
PATIENT NAME AND ADDRESS (Mechanical ImprlnNng, II available)
S_NNOTT, JAMES
1525 THOMAS S'P
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Consult RequestPage 36
Nov 12, 2003
Select a procedure and give a brief history:
Patient with new diagnosis of lung cancer, needs preop evaluation.
History of stable angina.
Please specify date it not routine *
Exercise Stress Test (Non-Nuclear)
Exercise Cardiolyte Stress Test
x Persantitie Cardiolyte Stress Test
_ Dobutamine Cardiolyte Stress Test
24 Hr Delayed Thallium Imaging (for viability)
Tnter-facility Information
This is not an inter-facility consult request.
Status: SCHEDULE
Last Action: SCHEDULE
Facility
Activity Date/'1'
CPRS RELEASED ORDER 09/18/
D
D
im
03
/Zone
14:25
esponsi.ble Person
MUNN,NAAICY J
ntered By
MUNN,NANCY .J
PRINTED TO CAR2-S 09/18/ 03 14:25SCHEDULED 09/23/ 03 15:57 BARRBTT,WILLIAM R '1'RAU'tNER,E St)SFN
PERSANTINE STRESS TEST SCHEDULED FOR 9-26-03 AT 7:30 AM
No local TIU results or Medicine results available for this consult
_-____ _________--------- END
Current PC Yrovider: BOWMAN,SARA C
Current. PC Team: BLUE TEAM D
Current Pat. Status: Outpatient
Primary Eliqibility: NSC
Order Information
To Service! PULMONARY PROCEP.URES
From Service: 5 S-M
Requesting Provider: MUNN,NANCY J
Service is to be rendered on an INPATIENT basis
Place: Bedside
Urgency: Routirle
Orderable Item: PULMONARY FUNCTION TEST
Procedure: PULMONARY NUNC'1'ION TEST
Reason For Request:
PATIENT NAME AND ADDRESS (Mechanical impriminy, if available)
SINNOTT, JAMES
1y2S THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Consult Request Page 37 Nov12,2003
•Pest needed:Spirometry only.
_x_Spirometry with and without bronchodilators.
__x_Lung volumes._xDiffusing capac:ity.
_x Flow volume loops (for upper airway obstruction)
x Resting arterial blood gases (room air) perforn)ed with PFT.
Reason for request: Pre-op eval
schedule asap.
Inter-facility Information
This is not an inter-facility c
uat
ons
ion for pos
ult requeSt
sible thoracotomy.
.
Please
Status: COMPLETE
Laat. Action: COMPLETE
Facility
Activity Date/T
/UP
ime
DATE
/Zone esponsible Person ntered By
---------------------------------------- . .. ......._.__----------- ---------------
CPRS RELEASED ORDER 09/18/ 03 14:25 MUNN,NANCY J MUNN,NANCY .7
PRINTED TO PULl 09/18/0 3 14:25
RECEIVED 09/18/ 03 1457 FANNIN, PA1l[, D FANNIN, PP..iL 1)
PFT'S SCHUDUDULE
COMPLETE/UPDATE 09/25/0 3 '16:S7 FANNIN,PAUL D FANNIN,PAUL D
Medicine Procedure performed: SEP 25, 2003914:40:58
Note: TIME ZONE is local if not indicated
Medicine Package Report
Medicine Report
PULMONARY FUNCTION TEST - RELEASED ON-LINE VERIFIED
PROCEDURE DATE/TIME: 09/25/03 14:40
SE%: M AGE:64 74 in/227 lb AMBIENT: 21C/794T
RACE: WHITE, NOT OF HISPANIC ORIGIN TECH: FANNIN,PAUL D
NON-SMOKER EFFORTo GOOD
CONSULT DX:
UNITS PRED ACTUAL %PRED I'REV1 PREV2 C'I
VOLUMES .........................................................................
PATIENT NAME AND ADDFESS ( MechanlCal Imprinting, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Consult Requestpage38
Nov 12, 2003
13ODY BOX
VC L 5.11 3.61 70.6 7.92FRC L 3.39
RV L 2.74 2.14 78.0 U 3.53
NITROGEN WASH OUT
TLC I, 7.56 5.75 76.1 6.56
VC L 5.11 3.61 70.6 1.92
FRC L 3.39RV L 2.74 2.14 78.0 U 3.53
RV/TLC % 37
UNITS PRED ACTUAL °aPRED PREVl PREV2 C T
FLOWS ...........................................................................
MACHINE: DRY WATER SEAL
STANDARD STUDY
PVC L 5.11 3.61 70.6 3.75
FEVl L 3.50 2.92 83.4 2.50PF L/SEC 9.382 6.390 68.1 5.51FEF25-75 L/SEC 3.108 3.250 104.6 1.26
MW L/MIN 148.82 101.00 67.9 93.06
FEV1/FVC "s B1
AFTER BRONCHODILATOR
FVC L 5.11 3.63 71.0 3.75FEVI L 3.50 3.07 87.7 2.50PF L/SEC 9.382 7.640 81.4 5.51PEF2S-75 L/SEC 3.108 3.770 121.3 1.26hIVV L/MIN 148.82 11'].00 78.6 93.06FEV1/FVC % 85
DIFFUSION .......................................................................
METI[OD:
DLCO-SB L 37.84 26.40 69_8 29.64
eLOOD GASES .....................................................................
STUDY TYPE pH pC02 p02 02HB COHB MHB HB Fi02 A-a02 QS/QT
(NORMAL) 7.36-7.44 36-44 80-100 >88% <3% <2$ <22
ROOM AIR 7.350 41.0 82.0 95.0$ 23.0°s 0.0% 0.0 0.210 13
PATIENT TEMPERATURE (C):
INTERPRETATION ..................................................................
PATIENT NAME AND ADDRESS ( Mechanical impriming, iF zvailable)
STPINOTT, JAMES
1525 THOMAS ST
1:ROniTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Consult RequestPage 39
Nov 12, 2003
PULMONARY FUNCTION TEST RELEASED ON-LINE VERIFIED
PROCEDURE DATE/TIME: 09/25/03 14:40
INTERPRETATION: VERY MILD RESTRICTION,NO OBSTRUCTION,NO POST BRONCHODILATOR
RESPONSE,NORMAL DIPFUSING CAPACITY.
COMMENTS AND RECOMMENDATIONS:
DID ROOM AIR BLOOD GASES PATIENT COUGHING DURING TESTPatient effort
and cooperation good.Composite Flow-Volume Loop was generated to rule
out upper airway obstruction.Med-Neb 9iven with 2.5 mys albuterol
with 2.5cc n/S
INTERPRETED BY; GHANEM,AMMAR
REVIEWED BY: MUNN,NANCY J
PULMONARY FUNCTION TEST - RELEASED ON-LINE VERIFIED
PROCEDURE DATE/TIME: 09/25/03 14:40
PREDICTED VALUE FORMULAS USED
TLC
VC
FRC
RV
FVC
FEV1
PF
FEF25-75
MVV
DLCO-SB
COFIR CORR.
(.239*HT/2.54)-(.015*AGE)-9.17MORRIS/POLGAR '84
(.148*HT/2.54)-(.025*AGE)-4.24MORRIS/POLGAR '84
000 MORRIS/POLGAR
(.069*HT/2.54)+(.017*AGE)3.45MORRIS/POLGAR '84
(.148*HT/2.54)-(.025*AGE)4.24MORRIS/POLGAR '84
(.092*HT/2.54)-(.032*AGE)-1.26MORRIS/POLGAR '84
(.238*HT/2.54)-(.035*AGE)-5.99MORRIS/POLGAR '84
(.047*HT/2.54)-(.045*AGE)+2.51MORRIS/POLGAR '84
(3.39*HT/2.54)-(1.26"AGE)-21.4MDRRIS/POLGAR '84
(.416*HT)-{.219*AGE)-26.34 CRAPO '81
ACT MORRIS/POLGAR '84
HB CORR. ACT MORRIS/POLGAR '84
NOTE: HT=helght,WT=weight,ACT=actual measurement value
R e p o r t R e 1 e a s e S t a t u s
PATIENT NAME AND ADDRESS ( Mechanical impdnting, if availaWe)
SINNOTT, JAMES
1.525 THOMAS ST
IRON'1'ON, OHIO 4 56 3 8-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Consult RequestPage 40
Nov12,2003
Current Date Person Who
Report Status Last Cha:iged Date of Report
Status Changed The Status Entry Version
RELEASED ON-LINE VERICIED
9/25/03 PAUL D FANNIN . 9/25/03 1 of 1
-------- END ________-____-
Current PC Provider: BOWMAN,SARA C
Current PC Team: DLUE TEAM D
Current Pat. Status: Outpatient
Primary Eligibility: NSC
Order Information
'1'o Service : PULMOt7ARY
From Service: S S-M
Requesting Provider: ROSS,RHONDA S
Service is to be rendered on an OUTPATIENT basis
Place: Consultant's choice
Urgency: Routine
Orderable Item: PULMONARY
Consult: Consult Request
Provi.siona7. Diagnosis: RUL LUNG MASS
Reason For Request:
PLEASE SCHSDTJLE F/U APPT. AS OP IN PULMONARY CLINIC 1 WEEK
For assessment and recommendations
(No orders, please)
For assessment, recommendations and management
(Orders as necessary)
Inter-faCility InformationThi.s is not an inter-facility consult request.
Status: CANCELLED
Last Action: CANCELLED
Facility
Activity Date/Time/Zone Responsible Person Entered By
CPRS RELEASED ORDER 09/18/03 11:15 ROSS,RHONDA S ROSS,RHONDA S
PATIENT NAME AND ADDRESS (Mechanical Imprinting, it available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Consult RequestPage 41
Nov 12, 2003
PRINTED TO PUL2_S 09/18/03 11:15
RECEIVED 09/24/03 12:32 WILLIAMS,PETG WILLIAMS,PE'1'E
CANCELLED 11/07/03 14:22 WILLIAMS,PETE WILLIAMS,PETE
Known to Pulmonary Service. Scheduled for Pulmonary Clinic on 11/10/03 aC
2pm and patient personally notified. Consult is being administratively
cancelled.
Note: TIME ZONE is local if not indicated
No local TIU results or Medicine results available for this consult
- END _________---------------- ________-
Current PC Provider: BOWMAN,SARA C
Current PC Team: BLUE TEAM D
Current Pat. Status: Outpatient
Primary Eligibility: NSC
order InformationTo Service: EKG PROCEDURES
From Service: 5 S-M
Requesting Provider: CHANEM,AMMAR
Service is to be rendered on an INPATIENT basis
Place: Bedside
Urgency: Routine
Orderable Item: EKG 12 LEAD (Today)
Procedure: EKG 12 LEAD (TODAY)
Reason For Request:
Do today.
Icrter-facil.ity Information
'Chi.s is not an inter-facility consult request.
St.atus: COMPLETE
Last Action: COMPLETE/UPDATE
Significartt Findings: Unknown
Facility
Activity Dat.e/Time/Zone Responsible Person Entered By------------------------------------------------ -------------- -- --------------
CPRS RELEASED ORDGR 09/16/03 09:38 GHANEM,AMMAR GHANEM,AMMAR
PRINTED TO CAR2-S 09/16/03 09:38
COMPLETE/UPDATE 09/16/03 MOLINA,PATRICIA A MOLINA, PATRICIA A
(entered) 09/17/03 08:34
done
PATIENT NAME AND ADDRESS (Mechanical imprinting, i1 available)
SINNOTT, JAMES
1525 THOPiAS ST
IRONTON, OHIO 4S638-1176
402506326
VISTA Electronic Medical Documentation
v
Consult Request Page 42 Nov,2, 2009
Note: TIMF ZONE is local if noL indicated
Significant Findings: Unknown- - - - -- -- -- - - - - - - - - - - - - - - - - -- - - - - - - -- - - - - - - - - - - - - - - - - - - -- - - -- -- - - - - - - - - - - - - - - -
No local TIU-resultsor Medicine results available for this consult-------------- -------- ____.______
_-____________________-___________= END
Current PC Provider; BOt3MAN,SARA C
Current PC Team: BLUE TEAM D
Current Pat. Status: Outpatient
Primary Eligibility: NSC
Order Information
To Service: PULMONARY
From Service: 5 S-M
Requesting Provider: AKERS,MARK JASON
Service is to be rendered on an INPATIENT basis
Place: Bedside
Urgency: Routine
Orderable Item: PULMONARY
Consult: Consult Request
Provisional DiagnoSiS: RUL mass
Reason For Request:
_ For assessment and recommendations
(No orders, please)
_ For assessment, recommendations and management
(Orders as necessary)
64 y/o w in pt with pmh of gerd, s/p mallory weiss tear, chronic low
back pain and BPH presents to VAMC er today after being told to return
by er physician. pt states that he had a chest ct performed earlier
this week and after Dr. Joseph in the er learned of the results she
called him and told him to come to the er. this all begaii a couple of
weeks ago when pt was being screened for asbestosis with a cxr and
pfts. cxr at that time showed a RUL mass and follow-up CT scan was
suggested. pt presented to er with this information to Dr. Joseph and
CT was ordered and performed. It showed a large rt upper lobe mass w/
extension to left upper lobe. Biopsy was suggested. Bec of these
findings and the fact that pt has been complaining of upper chest pain,
Dr. Joseph called him and told him to come to er and be admitted so he
wouldn't get "lost,"
inter-facility Snformation
This is not an inter-facility corisult requesL.
PATIENT NAME AND ADDRESS ( Mechanical imp,inling, il available)
SINNOTT, JAMES
152S THOMAS ST
IRONTON, OHTO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Consult RequestPage 43
Nov 12, 2003
Status: COMPLGTE
Last Action: ADDENDUM ADDED TO
Facility
Activity Date/Time/Zone Responsible Person Entered By________________________--_____________________________________________________
CPRS RELEASED ORDER 09/14/03 2203 AKF.RS,MARK JASON AKERS,MARK JASON
PRINTED TO PUL2_S 09/14/03 22:03RECEIVED 09/15/03 10:19 WILLIAMS,PETE WILI.,IAMS,PETE
INCOMPLETE RPT 09/15/03 10:56 GHANEM,AMMAR GHANEM,AMMAR
NoteB 4094838
COMPLETE/UPDATE 09/15/03 15:50 GHANEM,AMMAR MUNN,NADiCY J
NoCeit 4094838
ADDENDUM ADDED TO 09/15/03 16:47 GHANEM,AMMAR MUNN,NANCY J
Note>< 4094838
Note: TIME ZONE is local if not indicated
TITLE: PULMONARY CONSULT
DATE OB NOTE: SEP 15, 2003®10:31 ENTRY DATP•.: SEP 15, 2003@10:32:08
AUTHOR: GHANEM,AMMAR EXP COSIGNER: MUNN,NANCY J
URGENCY: STATUS: COMPLETED
referring physician:Dr. Ross
reason for Lhe consult:RUL mass
HPI:
The patient is 64 white man with a past inedical h/o smoking/?copd in the past
and significant asbestos exposure who got admitted to the hospital with eU1,
mass. the story of recent complains started on the spring of this year with sonte
abdoininal symptoms of distention and gas that resolved with medication but later
on the patient started to have aching and pain started on the shoulder area and
spread to involve the whole body bilaterally. This pain prevented sleep and has
been difficult to control and the pt. now is using salisylaCe and amitriptyllin
for pain control.there is acomplain of fatigue because of lack of sleep. He also
complained of dry eyes but no bluury or change in vision. ttte achirtg is also
associated with some occipital h/a in the last 2 weeks.No joint swelling or
inflammation and no skin rash. no inouth or genital ulcers. No respiratorv
symptoms of sob or c/p. some little dry cough and apatiLe is good but the
patient has recently loosing some weight.
pt states that he had a chest xray and ct performed earlier this week as part of
screeening for asbestos and after Dr. Joseph in the er learned of the resul.t.s
she called him and told him to conte to the er.wiLh this information
PATIENT NAME AND ADDRESS ( Mechanical ImOfinting, If availabfe)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON,OHIO 45638-1176
402506326
VISTA Electronic Medicat Documentation
Printed at HUNTINGTON VAMC
Consult RequestPage 44
Nov12,2003
and CT was ordered and performed. It showed a large rt upper lobe mass w/
extension to left upper lobe. Biopsy was suggested and we were consulted for
that reason.
PMHX:PAST MEDICAL HISTORY:
1.COPD: No PFT and the patient currently is exsmoker quit 8 years ago, the
pateitnhas significant asbestos exposure in the past when works in a fctory for
35-36 years and has been screened multiple Linres in the past which was negative.
2. Hx of Mallory Weiss Tear S/P Upper GI Bleed secondary to #1
3. Stable angina
4. BPH
5. PostherpeLic neuralgia
6. GERD
7. Chronic low back painSocial History:exsmoker 60 pack year of smokinq/ h/o asbestos exposure.
FAMILY HISTORY:
Coronary artery disease history - His dad had
heart attack at 65 to 68. No history of diabetes. His mother also has
some heart probleni.
ALLERGIES:
FLOXIN
MEDICATIONS:
Active Dutpatient Medications (including Supplies)
Issue Date
Status Last Fill
Active Outpatient Medications Refill.s Expiration
___
1) AMITRIPTYLINE HCL 10MG 'I'AB Qty; 150 for ACTTVE Issu:09-04-03
30 days Sig: TAKE ONE TABLET BY MOUTH Refills: 1 Last:09-04-03
AT BEDTIME FOR 1 DAY, THEN TAKE TWO Expr:09-04-04
TABLETS AT' BEDTIME FOR 1 DAY, THEN
TAKE THREE TABLETS AT BEDTIME FOR 1
DAY, THEN TAKE FOUR TABLETS AT BEDTIME
FOR 1 DAY, THEN TAKE FIVE TABLETS AT
BEDTIME FOR 1 DAY INCREASE DOSE UP TO
50 MG GRADUALLY; STOP AT DOSE WHICH
GIVES REST UP TO 50 MG AT HS
2) CAPSAICIN 0.025^ CR (20Z/TU) Qty: 60 ACTIVE Issu:12-O6-02
for 30 days Sig: APPLY SMALL, AMOUNT Refills: 2 Last:08-25-03
EVERY 17 HOURS AS NEEDED Expr:12-07 03
3) FEXOFENADINE HCL 180MG TAB Qty: 30 for ACTIVE Issu:04-07-03
30 days Sig: TAKE ONE TABLET BY MOUTH Refills: 11 Last:04-07-03
PATIENT NAME AND ADDRESS (Mechanical imprinting, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
4025063.^.6
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Consult Request Page 45 NOv12,2009
EVERY DAY "FOR ALLERGIES... MAY CAUSE Expr:04-07 04
SEDATION
4) FLUNISOLIUE 25MCG 200D NASAL INHi. Qty: ACTIVE Issu:12-06-02
1 for 30 days Sig: SPRAY 2 SPRAYS IN Refills: 2 Last:08-25-03
BOTH NOSTRILS TWICE A DAY FOR NASAL Expr:12-07-03
ALLERGY SYMPTOMS
5) RABEPRAZOLE NA 20MG EC TAB Qty: 90 for ACTIVE Issu:02-03-03
90 days Sig: TAKE ONE TABLET BY MOUTH Refilis: 1 Last:07-23-03
EVERY DAY FOR STOMACH Expr:02-04-04
6) SALSALATE 500MG TAB Qty: 120 for 30 ACTIVE Issu:09-04-03
days Sig: TAKE TWO TABLETS BY MOUTH Refills: I Last:09-04-03
TWICE A DAY W/FOOD Expr:09-04-04
7) TERAZOSIN HCL 2MG CAP Qtyc 90 for 90 ACTIVE Issu:03-10-03
days Sig: TAKE ONE CAPSULE BY MOUTH Refills: 3 Last:0310-03
AT BEU'1'1ME FOR ENLARGED PROS'1'A'1'L Expr:03-1O-0,1
SYMPTOMS
REVIEW OF SYSTEMS:as HPI
PHYSICAL EXAMINATION
Gen: Patient is awake, alert, and oriented to person, place, time, and
situation. NAD
Vital Signs:
BP :135/88 (09/14/2003 14:34)
TEMP:98.2 F' (36.8 C] (09/14/2003 14:34)
P :72 (09/14/2003 14:34)
RR :16 (09/14/2003 14:34)
HEENT: NormoCephalic, atraumaliC. Pupils equally round and reactive to
light and accomodation. Extra-ocular movements intact. No sinus
tenderness. Oral mucosa moist and pink wittr no erythema or exudate.
Neck: No carotid bruits, no jvd, no cervical lymphadenopathy.
Heart: Normal sl, s2. No murmurs/rubs/gallops.
Lungs: Clear to auscultation bilatrally, no wheezing, rales, or rhonchi.
Good air entry bilaterally.
Abdomen: Soft, nontender, nondistended, bowel sounds posit.ive. No
appreciable hepatospenomegaly.
Extiremitiese No cyanosis, clubbing, or edema. Peripheral plQses 2+.
Neurological: Cranial rterves II to XII intact, normal sensation to
pinprick and light touch. Deep tendon reflexes +2.
Musculoskeletal: motor strength 5/5 in upper and lower proximal and
distal extremities. tender in the shoulder and bones. no sighns of inflammation
or skirt rash
Labs:
N.A: 1.36 MMOL/L (09/14/2003 16:23)
K: 4.1 MEQ/L (09/14/2003 16:23)
PATIENT NAME AND ADDRESS (Mechanlcal imprinting, if available) VISTA Electronic Medical DocumentationSINNOTT, JAMES
1525 THOMA$ ;T
IRONTON, OHIO 45638-1176 Printed at HUNTINGTON VAMC402506326
Consult RequestPage 46
Nov32,20U3
CL: 102 MMOL/L (09/14/2003 16:23)
C02: 25.6 MMOL/L (09/14/2003 16:23)
BUN: 11 MG/DL (09/14/2003 16:23)
CREAT: 0.8 MG/DL (09/14/2003 16:23)
GLU: 91 MG/DL (09/14/2003 16:23)
WEC: 6.3 K/cmm (09/14/2003 16:23)
HGB: 14.5 g/dL (09/14/2003 16:23)
HCT: 44.1 % (09/14/2003 16:23)
PLTLT: 297 K/cmm (09/14/2003 16:23)
+pecimen: ARTERIAL BLOOD. RT 0914 3
09/14/2003 16:25Test name Result units Ref. range
HC03a 27 MMOL/L 21 - 29
PH 7.41 7.35 - 7.45
PCO2 43 MMHC 32 - 46
P02 76 MMHG 74 - 108
BASE EXCESS 3 H MMOL/L -2 -+2.0
02HB% (SAT) 95 % 92 - 96
CT of the chest: right upper lobe 3x4 mass medial and attached to the
mediastinal pleura. located in the apical or anterior segment of the right upper
lobe and asociated with lymphadenopathy.no liver or arenal lesions.
A:Right upper lobe mass with h/o smoking and asbestos exposure make the patient
liigh rislc of lunq ca. wewill do diagnostic bronchoscopy to ger a tissue if
possible even the locatation of the lesion might be hard to reach. we will chech
pt/ptt and esr before the procedure and get tibial xray to check for HPO as
possible paraneoplastic syndrome.
/es/ AMMAR GHANEM /es/ NANCY J MUNN, M.D.
PGY4 CHIEF, PULMONARY SECTION
Signed: 09/15/2003 10:57 Cosigned: 09/15/2003 15:50
09/15/2003 ADDENDUM:
Personally interviewed and exaniined patient, discussed with Dr. Ghancm. 64
yo nfale with history of asbestos exposure for 37 years and prior smoking
history of 1 1/2 ppd x 45 years. Admitted after CT chest showeda right
upper lobe lung mass. History of some shoulder pain in that area as well
as diffuse pain. Says has noted unintentional weight loss recently. Denies
any dyspnea, sputum, wheezing but does have a dry cough. History of rigid
PATIENT NAMF ANP ADDRESS (Mcchanical imprinting, if available)
SINNOTT, JAMES
1;25 THOMAS ST
LROMTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Consult RequestPage47
Nov 12, 2003
bronchoscopy in the 1950's while in the service and was told had scarring
ot lower lungs. History of COPD (no pfts) , stable angina, gerd, low back
oain.
On exam, pleasant male in no distress. Breathing comfortably at rest. No
conversational dyspnea. vs normal. No cervical adenopathy or jvd. Lungs
clear to a and p. RRR. Abdomen soft and nontender. No clubbing, cyanosis,
edema. Alert and oriented.
Labs relatively unremarkable. CXR with evidence of RUL mass.
CT chest reviewed with Radiology art<i RUL mass noted with question of some
satellite lesions. NO LESION NOTED ON LEFT. Some mediastinal and hilar
adenopathy.
Clinical presentation suggestive of bronchogenic carcinoma with RUL mass.
Signiticant smoking and occupational exposure history.
Location of lesion may make biopsy difficult. Will try bronchoscopy as
first diagnostic procedure. Scheduled for bronchoscopy on 9/17/03 at 8am.
If non-diagnostic, then may need needle biopsy and/or open biopsy. Agree
with plans for metastatic w/u.
/es/ NANCY J MUNN, M.D.
CHIEF, PULMONARY SECTION
Signed: 00/15/2003 16:47
--------------
------------------ _- END ------------- _--___________
Current PC Provider: BOWMAN,SARA C
Current PC Team: BLUE TEAM D
CurrenL Pat. Status: Outpatient
Primary Eligibilit-y: NSC
Order Information
To Service: PULMONARY PROCEDURES
From Service: AMB CARE WALK-IN
Requesting Provider: JOSEPH,SANDRP.
Service is to be rendered on an OUTPATIENT basis
Place: Consultant's choice
Urgertcy:
Orderable Itenl: ARTERIAL BLOOD GAS
Proce.dure: ARTERIAL BLOOD GAS
Reason For Request:
On Oxygen @On Room Air
After Oxygen Change NEEDS LUNG BIOPSY
After Ventilator Change
Ventilator patient AM
PATIENT NAME AND ADDRESS (Meehanical imprinting, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 4S638 1176
902506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Consult RequestHoine Oxygen
Other:
Page 48
Inter-facility Information
This is not an inter-facility consult request.
Status: COMPLETE
Last Action: COMPLETE/UPDATE
Nov12,2003
Facility
Activity Date/Time/Zone Responsible Person Entered By_________________________________________________.____---__..____-___-_---_-__ .
CPRS RELEASED ORDER 09/14/03 16:14 JOSEPH,SANDRA JOSEPH,SANDRA
PRINTED TO PULl 09/14/03 16:14
COMPLETE/UPDATE 09/14/03 16:33 HUMPHREY,JOHN BRI HUMPHREY,JOHN BRI
Mote# 4093638
Note: TIME ZONE is local it not indicated
TITLE: RESPIRATORY PROCEDURE
DATE OF NOTE: SEP 14, 2003@16:33:23 ENTRY DATE; SEP 14, 2003Q16:33:23
AUTHOR: HUMPHREY,JOHN BR7AN EXP COSIGNER:
URGENCY: STATUS: COMPLETED
SUBJECT: ABG
ABG DRAWN, RESULTS IN LAB MENU.
/es/ JOHN BRIAN HUMPHREY
CRTT
Signed: 09/14/2003 16:33
----------------- -------------------------------
---------- --------------END -___-- ---___________________________
PATIENT NANE AND ADDRESS ( Machanical imprinting, ii available)
STNNOTT, JAMES
1525 THOMAS S'1'
iRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
04
Progress NotePage 49
Nov 12, 2003
TITLE: PULMONARY OUTPATIENT-PHYSICIAN
DATE OF NOTE: NOV 10, 2003Cd14:59 ENTRY DA'PE: NOV 10, 2003@14:59:48
AUTHOR: GHANEM,AMMAR EXP COSIGNER: MUNN,NANCY J
URGENCY: STATUS: COMPLETED
*** PULMONARY OUTPATIENT-PHYSICIAN Has ADDENDA ***
VITAL SIGNS:
Blood Pressure: 150/81 (10/16/2003 13:31)
Pulse : 61 (10/16/2003 13:31)
Respiration : 20 (10/16/2003 13:31)
'I'emperature . 98.2 P [36.8 C] (10/16/2003 13:31)
Wei.ght : 239 lb (108.6 kg] (10/16/2003 13:31)
PAIN: 6 (10/16/2003 13:31)
*** If Pain Score is 4 or greater or it the patients perception of pain
at any level is not tolerable, complete the Pain Assessment found
uncler Shared 'I'emplates.
RTC:
CUTURE LABS:
FUTURE X-RAYS:
CONSULTS REQUESTED:
Subjective: The patient is 64 yo MALE who
Is coming today for follow up orr recently diagnosed right upper lobe mass as non
small cancer on mid septernber. the patient ct scan showed right upper lobe mass
4x4 associated with small second peripheral lesion and right paratracheal
lymphadenopathy. thebx was positive for nscc o£ the lung. The patient is kriown
past medical history of smoking 75pack/ycar arid significant exposure to
asbestos. He presented with incidental mass during screening for asbestos
exposure. The patient has been
Recently doing around the same, st.i7l complaing of fibromyalgia symptoms but no
respiratory symptoms.
Objective:
Temperature98.2 F[36.8 C] (10/16/2003 13:31) pulse6l (10/16/2003 13:31)
respiration20 (10/16/2003 13:31)
alood pressure150/81 (10/16/2003 13:31)
General: alert, oriented and no acute distress
Heent: perrl, ENT is normal
Neck: supple, no jvd, thyromegaly or bruits
Chest:cta, no adventious breattr sounds
Heart: rrr, no murmurs or gallops
Abdomen: soft, NT, nd active bowel sounds
Extremities: no oedema, pulse is palbable bilaterally
Neurologic: nonfocal
PATIENT NAME AND ADDRESS (Mechanical imprinUng, it available)
SINNOTT, JAMES
1525 THOMAS ST
1RONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
P rog ress NotePage 50
Nov 12, 2003
Musculoskeleeal: normal, no skin rash
pftg. 1 11/10/03
15:04CONFIDENTIAL PULMONARY FUNCTION TEST - RELEASED ON-LINE VERIFIED
SINNOTT,JAMES T 402-50-6326 NOT INPATIENT DOB: APR 10,1939
PROCEDURE DATE/TIME: 09/25/03 14:40
SEX: M AGE;64 74 in/22i lb AMBIENT: 21C:/744T
NACE: WHI'PE, NOT OF HISPANIC ORIGIN TECH: FANNIN,PAUL D
NON-SMOKER EFFORT: GOOD
CONSULT DX:
UNITS PRED ACTUAL °aPRED PREV1 PREV2 Cf
VOLUMES .........................................................................
BODY BOX
VC L 5.11 3.61 70.6 1.92FRC L 3.39RV L 2.74 2.14 78.0 U 3.53
NITROGEN WASH OUT
TLC L 7.56 5.75 76.1 6.56VC L 5.11 3.61 70.6 1.92FRC L 3.39RV L 2.74 2.14 78.0 U 3.53RV/TLC o 37
UNITS PRED ACTUAL %PRED PREV1 PREV2 C I
FLOWS ...........................................................................
MACHINE: DRY WATER SEAL
STANDARD STUDY
FVC L 5.11 3.61 70.6 3.75FEV1 L 3.50 2.92 83.4 2.50PF L/SEC 9.382 6.390 68.1 5.51FEF25-75 L/SEC 3.108 3.250 104.6 1.26MVV 1,/MTN 148.82 101.00 67.9 93.06FEV1/FVC % 81
AFTF,R BRONCHODILATOR
FVC L 5.11 3.63 71.0 3.75FEV1 L 3.50 3.07 87.7 2.50PF L/SEC 9.382 7.G40 81.4 5.5-
PATIENT NAME AND ADDRESS ( Mechanlcal Imprlntinq, if availabla)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OI110 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress NotePage 51
Nov 12, 2003
FEF25-75 L/SEC 3.108 3.770 121.3 1.26M`N L/MIN 148.82 117.00 78.6 93.06
FEV1/FVC $ 85
DIFFUSION .......................................................................
METHOD:
DLCO-SB L 37.84 26.40 69.8 29.64
BLOOD GASES .....................................................................
STUDY TYPE pH pCO2 p02 O2HB COHB MHB HB Fi02 A-a02 QS/QT
(NORMA6) 7.36-7.44 36-44 80-100 >88% c3% <2% c22
ROOM AIR 7.350 41.0 82.0 95.0°s 23.0% 0.0% 0.0 0.210 13
PATIENT TEMPERATURE (C):
Pg. 2 11/10/C3 15:04
CONFIDENTIAL PULMONARY FUNCTION TEST - RELEASED ON-LINE VERIFIED
SINNOTT,JAMES T 402-50-6326 NOT iNPATIENT DOB: APR 10,1939
PROCEDURE DATE/TIME: 09/25/03 14:40
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -INTERPRETATTON ..................................................................
INTERPRETATION: VERY MILD RESTRICTION,NO OBSTRUCTTON,NO POST BRONCHODILATOR
RESPONSE,NORMAL DIFFUSING CAPACITY.
COMMENTS AND RECOMMENDATIONS:
DID ROOM AIR BLOOD GASES PATIENT COUGHING DURING TESTPatienL effort
and cooperation good.Composite Flow-Volume Loop was generated to rule
out upper airway obstruction.Med-Neb given with 2.5 mgs albuterol
with 2.5cc n/s
Imaging studies:ct of the head and abdomen/pelvis reported as normal. bone scan
also reportedas normal. and the pet scan done in outside facility reported as
abnormal with the mass intake and another small intake in the right upper lobe
peripheraly and paratracheal and bronchotracheai lymphadenopathy.
Impression:right upper lobe mass diagnosed as nscc with positive ct. and pet ccan
for another lesion on the same upper lobe area and positive pet for parat-acheal
lymphadenopathy on the right side. the pt. would be mostly not a candidate for
resection. we will speak to ct surgery to confirm our impression and if so willrefer the pt. for chemo/radiation.
PATIENT NAME AND ADDFESS (Mechanlcal imprinting, il available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress NotePage 52
Nov 12, 2003
/es/ AMMAR GHANEM /es/ NANCY J MUNN, M.D.
PGY4 CHIEF, PULMONARY SECTION
Signed: 11/10/2003 15:10 Cosigned: 11/10/2003 15:37
11/10/2003 ADDENDUM:
Personally interviewed and examined patient. Breathing okay and doing okay in
general except for his fibromyalgia. Breathing comfortably at rest. Lungs clear.
RRR. Alert and orienLed. Discussed results of PET scan with him and that this is
suspicious for metastatic disease in his lymph nodes which would probably make
him non-resectable. Will review with Thoracic Surgery but if not felt to be a
surgical candidate, then will refer to Oncology arrd Radiation Oncology. He
agrees to this. Will notify him after discuss with Thoracic Surgery. His cell
phone is (740) 317-5263.
PET scan was done at St. Mary's Medical Ceriter on 10/27/03 and was reported as
follows:
"Report: Total body scintigraphic survey was performed using 27 mCi Tc FDG.
There is hypermet.aholic uptake within the media7. right upper lobe soft tissue
mass that was demonstrated on CT of the the chest 9/11/03 VA Medical Center,
Huntington, WV_
There is adjacent hypermetabolic uptake seen within right paratracheal and
tracheo bronchial lymph nodes, suggestive of inetastatic neoplasm. Above and
lateral to the primary tumor there is a nodule abutting the pleural surface on
the CT examination. Scirttigraphically this demonstrates hypernietabolic uptake as
well, suspicious for a second focus of neopl.asm. Remainder of study is
unremarkable.
Conclusion: Malignant uptake within a right upper lobe soft tissue mass and a
smaller peripheral nodule which abuts the pleural sur.gace near the right lung
apex. Metastatic adenopathy within the righL paratracheal and tracheobrortchi.al
space is also suspected.
Read by: W. S. JR SHELLS, M.D."
/es/ NANCY J MUNN, M.D.
CHIEF, PULMONARY SECTION
Signed: 11/10/2003 15:44
TITLE: PCC-PHYSICIAN
PATIENT NAME AND ADDRESS ( Mechanical imprinting, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
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P rog ress NotePage 53
Nov '2, 2003
DATE OF NOTE: OCT 16, 2003014:00 ENTRY DATE: OCT 16, 2003Cs44:00:44
AUTHOR: BOWP4P.N,SARA C EXP COSIGNER:
URGENCY: STATUS: COMPLETED
VITAL SIGNS:
Blood Pressure: 150/81 (10/16/2003 13:31)
Pulse . 61 (10/16/2003 13:31)
Respiration . 20 (10/16/2003 13:31)
Temperature . 98.2 F[36.8 C] (10/16/2003 13:31)
Weight 239 lb [108.6 kg] (10/16/2003 13:31)
Pain : 6 (10/16/2003 13:31)
*** If Pain Score is 4 or greater or if the patients perception of pain
at any level is not tolerable, complete the Pain Assessment found
under Shared Templates.
PROBLEM LIST:
1) nonsmall cell lung ca
2) fibromyalgia
3) FiTN
4) HO mallory weiss tear with UGIB
5) CAD stress 9/03 (-)
6) COPD
7) post herpetic neuralgia
8) s/p lamenectomy 1997
9) s/p B TKR 1994
10 ) asbestosis
11) nephrolithiasis
OUTSIDE PHYSICIANS:Dr Herr ( ortho)
ALLERGIES: FLOXIN
pt presents for initial visit with me. he was tound with lung mass on
asbestos.is screening. cytology is (+) for NSCLca. he is P PET scan 10/27 to
evaluate for mediastinal disease and to determine if surgical candidat.e. he
denies SOB/DOE. He sLates he ah sadditional fibroniyalgia but thaC sx are
improved on TCA and he is sleeping 4-5 hrs a night now. No cp with activity. no
melena, hematochezia
FHX - father with CAD/Mi 65yo
tobacco - quit 7-8 yrs ago
OBJECTIVE:
HEENT:sclera ciear, no lad, no bruits
PULM:clear
CARDS:rrr
ABD:soft, nt, nd
EXT:no edema
RECTAL:nl tone smooth nontender prostate, no nodu)es no masses heme (-)
All available labs and vital signs were reviewed with the patient withemphasis on any abnormal results.
PATIENT NAME AND ADDRESS (Mcchanical imprinting, if available)
SINNO'I'T, .7AMES
7.525 THOI+:AS ST
IRON'1'ON, OHIO 45638-11'76
402506326
VISTA Electronic Medical Documentation
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P rog ress Note Page 54 Nov 12, 2003
Followinq Medications were discussed with the patient with an opportunity
for questions to be asked:
Active Outpatient Medications (including Supplies):
Active Outpatient Medications Status
_..____________________________________--_
1) CAPSAICIN 0.025% CR (2OZ/TU) APPLY SMALL AMOUNT EVERY ACTIVE
12 HOURS AS NEEDED
2) CODEINE 30/ACETAMINOPHEN 300MG TAB TAKE ONE TO TWO ACTIVE
TABLETS BY MOUTH EVERY 6 HOURS AS NEEDED FOR PAIN.
(MAY CAUSE DROWSINESS)
3) CYANOCOBAL INJ 1000MCG/ML (1ML/VI) INJECT 1000MCG/1ML ACTIVE
INTRAMUSCULAR MONTHLY
4) FERROUS SULFATE 325MG TAB,UD TAKE ONE TABLET BY MOUTH ACTIVE
EVEftY DAY
5) FLUNISOLIDE 25MCG 200D NASAL INHL SPRAY 2 SPRAYS IN ACTIVE
BOTH NOSTRILS TWICE A DAY FOR NASAL ALLERGY
SYMPTOMS
6) RABEPRAZOLE NA 20MG EC TAB TAKE ONE TABLET BY MOUTH ACTIVE
EVERY DAY FOR STOMACH
7) SALSALATE 500MG TAB TAKE TWO TABLETS BY MOUTH TWICE A ACTIVE
DAY W/FOOD
II) TERAZOSIN HCL 2MG CAP TAKE ONE CAPSULE BY MOUTH AT ACTIVE
BEDTIME FOR ENLARGED PROSTATE SYMPTOMS
Pending OutpatienL Medications Status
-________
1) AMITRIPTYLINE 25MG TAB TAKE ONE TABLET BY MOUTH 2 QHS PENDING
2) CYANOCOBALAMIN 250MCG TAB TAKE ONE TABLET BY MOUTH PENDING
EVERY DAY
10 Total MediCations
ASSESSMENT/PLAN:
1. NSCL ca - await PET and further tx rccs from puim
2. fibromyalgia - increase amitriptyline to 50-75 mg qhs as tolerated
3. CAD - stress (-), no cp , cont asa qd
4> vit B12 def - pt with low normal levels, no abd surgery will use oralrepalcement
RTC:RR 1 month no labs
CONSULTS REQUESTED:
FUTURE LABS:
Pat.ient should return: _ Fasting Non-Fasting
FUTURE IhII1GING:
PATIENT NAME AND ADDRESS ( Mechanical imprinling, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 4563£3-1176
402506326
VISTA Electronic Medical Documentation
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P rog ress NotePage 55
Nov 12, 2003
NURSING INSTRUCTIONS:
/es/ SARA C BOWMAN
MD
Signed: 10/16/2003 14:12
TITLE: PCC-NURSING INTAICE
DATE OF NOTE: OCT 16, 2003@13:32 ENTRY DATE: OCT 16, 2003@13:32:49
ACITHOR: LENARZ,SHEILA G EXP COSIGNER:
URGF,NCY: STATUS: COMPLETED
Allexgiesa FLOXIN
Denies any new allergies
Level of consciousness:
Alert
oriented to: Person, Place, Time
Past medical history per patient:
COPD
Spirometry: 9-03
Other:
lbp,gerd,bph
Medications:
Per profile
Do you take ASA on a regular basis? no
Psychosocial:
If needed, do you have someone at home who could assist
with health care? YES
Is your home environment conducive to health care? YES
If needed will you be able to provide for your care at home: YESDo you know of any barriers thaL could affect your healLla or
the provision of your health care? NO
Functional Assessment:
Do you have sufficient energy to perforni your activities of daily
living? YES
Do you have a new functional impairmer.t/limitation with a limbor ambulation? NO
Ilave you hacl a recent amputation of an ext:remity and are not
currently receiving physical therapy? NO
Nutritional Assessment:
Has the patient recently developed difficulty swallowing? NO
Is the patient receiving tube feeding or parenteral
PATIENT NAME AND ADDRESS IMechanical impdming, if available)
STNNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
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P rog ress NotePage 56
Nov 12, 2003
nutrition? NO
Unintentional weight loss greater than 10 pounds in the past
one mnth? NO
Is patienL pregnant or lactating? NO
Undesired weight gain of 20 pounds or more in the past one
month? NOSurgical geriatric (75 years or older) patient experiencing
eating problems? NO
Educational:
Assessment documented within the past year:
Counseling provided on weight control
Counseling provided on exercise
Advance Directive:
Discussed Advance Directive advised patient that Social Work could assist
w/living will
CLINICAL REMINDER ACTIVITY
Alcohol Screening/Audit C:
Patient has had at least 1 drink in the last year.
Comment: on occ
AUDIT C (Mental Health Instrument)
An alcohol screening test fAUDIT-C ) was positive (score=4),
ProState Educatioil Sc1"eening:
Patient had prostate screening education, which included the pros and
cons of screening for his age group and the potential risks
associated with an evaluation of a positive test (c.g. biopsy), at.
this visit.
Level of Understanding: Good
Fecal Occult Blood Test:
A fecal occult blood test bas been ordered. Please distibute 3 fecal
occult blood test cards to patient.
RTC: Three Hemoccult cards have been issued. Schedule the Telephone
Triage Nurse for 2 weeks for hemaccult cards issued.
flu vac not available at this tinte
/e9/ SHEILA G LENARZ,LPN
STAFF NURSE
Signed: 10/16/2003 13:35
TITLE: CARDIOLOGY PROCEDURE-TECHNICIAN
DA'I'E OF NOTE; SEP 26, 2003912:46:01 ENTRY DATEe SEP 26, 2003012:46:01
APPt10R: BARRETT,WILLIAM R EXP COSIGNER:
URGENCY: STATUS: COMPLETED
stress test was done
PATIENT NAME AND ADDRESS (Mechanical imprinting, if available(
SINNOT'P, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
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Progress NotePage 57
Nov f2, 2003
/es/ WILLIAM R BARRETT
ntedical instrument tech
Signed: 09/26/2003 12:46
TITLE: DISCHARGE-PATIENT/FAMILY EDUCATION
DATE OF NOTE; SEP 18, 2003@15:08 ENTRY DATE: SEP 18, 2003©15:08:54
AUTHOR: CREMEANS,LISA DAWN EXP COSIGNER:
URGENCY: STATUS: COMPLETED
DISCHARGE - PATIENT / FAMILY EDUCATION
A copy of the "Patient Discharge Instruction Note" has been provided and
reviewed.
All personal belongings have been returned artd receipt acknowledged.
A print-out of follow-up appointments has been provided.
At time of discharge the patient is oriented to time, place, and person.
The patient is being discharged ambulatory wieh family.
A vertous access device is not in place.
EDUCATIONALASSESSMENT:
An educational assessment was completed at the time of admission. I
reviewed this assessment and no changes were identiEied. The patient
demonstrates readiness and ability to learn.
Active Outpatient Medications (including Supplies):
Issue Date
Status L1SC Fil].
Active Outpatient Medications Refills Expiration------------------------------ - ___-____
1) AMITRLPTYLINE HCL 10MG TAR Qty: 150 for ACTIVE Issu:09-04-03
30 days Sig; TAKE ONE TABLET BY MOUTH Refills: 1 Last:09-04-03
AT BEDTIME FOR 1 DAY, THEN TAKE TWO Expr:09-04-04
TABLETS AT BEDTIME FOR 1 DAY, THEN
TAKE THREE TABLETS AT BEDTIME FOR 1
DAY, THEN TAKE FOUR TABLETS AT BEDTIME
FOR '1 DAY, THEN TAKE FIVE TABLETS AY'
BEDTIME FOR 1 DAY INCREASE DOSE UP TO
50 MG GRADUALLY; STOP AT DOSE WHICH
GIVES REST UP TO 50 MG AT HS
2) CAPSAICIN 0.025% CR (2OZ/TU) Qty: 60 ACTIVE Issu:12-06-02
for 30 days Sig: APPLY SMALL AMOi1N'r Refiils: 2 Last:08-25-03
EVERY 12 HOURS AS NEEDED Expr:12-07-03
3) CODEINE 30/ACETAMINOPHEN 300MG TAB Qty: ACTIVE Issu:09-18-03
60 for 30 days Sig: TAKE ONE TO TWO Refills: 0 Last:09-18-03
TABLETS BY MOUTH EVERY 6 HOURS AS Expr:10-18-03
NEEDED FOR PAIN. (MAY CAUSE
DROWSINESS)
PAT(ENT NAME AND ADDAESS ( Mechanicel imprinting, i1 available)
SINNOTT, JAMIiS
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
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Nov 12, 2003
4) CYANOCOBAL INJ 1000MCG/ML (1ML/VI) Qty: ACTIVE Issu:09-18 03
1 for 30 days Sig: iNJECT 1000MC0/1ML Refills; 0 Last:09-18-03
INTRAMUSCULAR MONTHLY Expr:10-18-03
5) FERROUS SULFATE 325MG TAB,UD Qty: 30 ACTIVE Issue09-18-03
for 30 days Sig; TAKE ONE TABLET BY Refills: 3 f.ast:09-18-03
MOUTH EVERY DAY Expr:09-18-04
6) FEXOFENADINE HCL 180MG TAB Qty: 30 for ACTIVE Issu:04-07-03
30 days Sig: TAKE ONE TABLET BY MOUTH Refills: 11 Last:04-07-03
EVERY DAY "FOR ALLERGIES... MAY CAUSE Expr:04-07-04
SEDATION
7) FLUNISOLIDE 25MCG 200D NASAL INHL Qty: ACTIVE Issu:12-06-02
1 for 30 days Sig: SPRAY 2 SPRAYS IN Refills: 2 Last:08-25-03
BOTH NOSTRILS TWICE A DAY FOR NASAL Expr:12-07-03
ALLERGY SYMPTOMS
8) RABEPRAZOLE NA 20MG EC TAB Qty: 90 for ACTIVE Issu:02-03-03
90 days Sig: TAKE ONE TABLET BY MOUTH Refills: 1 Last:07-23-03
EVERY DAY FOR STOMACH Expr;02-04-04
9) SALSALATE 500MG TAB Qty: 120 for 30 ACTIVE Issu:09-04-03
days Sig: TAKE TWO TABLETS BY MOUTH Refills: I Last:09-04-03
TWICE A DAY W/FOOD Expr:06-04-04
10) TERAZOSIN HCL 2MG CAP Qtyo 90 for 90 ACTIVE Issu:03-10-03
days Sig: TAKE ONE CAPSULE BY MOUTH Refills; 3 Last:03-10-03
AT BEDTIME FOR ENLARGED PROSTATE Expr:03-10-04
SYMPTOMS
Diet / Drug - Food Interactions
InsCruction regarding either diet or food/drug interaction was not
indicated,
Hygiene / Grooming
Educational issues related to hygiene are not identified.
Medical Equipment
Instructions regarding medical equipment are not indicated.
Community Resources
Inforntation regarding community resources is not indicated.
Rehabilitation Techniques
Special instructions regarding rehabilitation techniques are not indicated.
This patierLL does not have a history of CHF. Therefore, CHF education is
not indicated.
Other Instructions
Questions or issues that develop after discharge should be addressed with
the telephone care unit. A telephone care nurse is available to answer
your clinical concerns, Monday tlirough Friday, by calling the phone unit
at 304-429-6755 or 800-827-8244 extension 3580. After 4:30 pm duri.nq the
PATIENT NAME AND ADDFESS ( Mochanleal imprlming, il adailable)
SINNO7"I', JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at 1-IUNTINGTON VAMC
Progress NotePage 59
Nov 12, 2003
week, and anytime during the weekend or on holidays, the New Health Care
Nurse Network line will answer your clinical concerns by dialing
1877291-5311.
/es/ LISA DAWN CREMEANS, RN
STAFF NURSE
Signed: 09/18/2003 15:10
TITLE: PULMONARY INPATIENT-PHYSICIAN
DATE OF NOTE: SEP 18, 2003@13:48 ENTRY DATE: SEP 18, 2003@13:48:52
AUTHOR: MUNN,NANCY J EXP COSIGNER:
URGENCY: STATUS: COMPLETED
Bronchoscopic biopsy and cytology positive for non-small ceil carcinoma.
Di.scnssed results of biopsy and diagnosis of cancer with Mr. Sinnott. Reviewed
CT results showing enlarged hilar and mediastinal acienopathy and told him that
the enlarged lymph nodes may contain cancer cells and if so, surgery would
probably not be curative. However, at this point cannot definitively determine
if adenopathy is positive. Offered w/u to see if a candidate for resection and
tic agrees at this time. Will order PE'r scan to assess mediastinum, pfts and
cardiac stress test. If PET shows tumor in mediastinum, then will refer to
Radiation and Oncology.
/cs/ NANCY J MUNN, M.D.
CHIEF, PULMONARY SECTION
Signed: 09/18/2003 1.4:28
TITLE: PATIENT DISCHARGE INSTRUCTION NOTE
DATE OF NOTE: SEP 18, 2003ca10:50 ENTRY DATE: SEP 18, 2003@10:50:57
AUTHOR: ROSS,RHONDA S EXP COSIGNER;
URGENCY: STATUS: COMPLETED
*** PATIENT DISCHARGE INSTRUCTION NOTE Has ADDENDA **•
DISCNARGE DIAGNOSIS:
RRIGHT UPPER LOBE LUNC MASS
MUSCULOSKELE'1'AL PAIN 2NDARY TO ABOVE
ANEPtIA/IRON DEF.
VITAMIN B12 DEFICIENCY
WELGH'1' LOSS
CHRONIC OBSTRUCTIVE PULMONARY DISEASE
GASTROESOPHAGEAL REFLUX DISEASE
CHRONIC LOW BACK PAIN * -
BPH
OPERATIODiS & PROCEDURES PERFORMED AND DATES:
PATIENT NAMF. AND ADDRESS ( Mechanical imprinting, it available)
SINNOTT, JAMES
1525 THOMAS ST
IRON'CON, OHTC) 45638-1176
402506326
VISTA Electronic Medical Documentation
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Progress Note Page 60 Nov12,2t1D3
WHOLE BODY BONE SCAN 9/16/03
BRONCHOSCOPY 9/17/03
CT ABD./PELVIS 9/17/03
C'T IiEAD 9/1'7/03
DISCHARGE MEDICATIONS:
AMITRIPTYLINE TAB. 50MG PO QHS (BEDTIME)
CAPSAICIN CREAM,TOP THIN LAYER TOP Q12H P12N to
affected area
CYANOCOBALAMIN INJ,SOLN 1000MCG/1ML Iht QD X 3 DAYS,
THEN MONTHLY
FERROUS SULFATE TAB 325MG PO QD
FEXOFENADINE TAB 180MG PO QD
FLUNISOLIDE INHL,NASAL 2 SPRAYS NA BID
RABEPRAZOLE TAB,EC 20MG PO QD
SALSALATE TAB 500MG PO Q6H
TERAZOSIN CAP,ORAL 2MG PO HS (BEDTIME)
ACETA W/CODEINE 1-2 TABLETS EVERY 6 HOURS AS NEEDED FOR PAIN
ADDENDUM:(instructions on medications)
po means to take by mouth
QD means to take once a day
BID means to take twice a day
TID mcans to take three times a day
QID Ineans to take f.our times a day
QHS means to take at bedtime
QOD means to take every other dayPRN means tc> take only as needed
CHANGES IN MEDICATIONS:
ACETA W/CODIENE ADDED FOR PAIN
ACTIVITY: AS TOLERATED
DIET:REGULAR
CONDITION AT DISCHARGE: STABLE
FOLLOW-UP:
-PULMONARY CLINIC 1 WEEK, (DISCUSS RESULTS OF BRONCHOSCOPY)
-PRIMARY CARE PROVIDER, DR. BOWMAN 4 WEEKS
/es/ RHONDA S ROSS,MD
STAFF PHYSICIAN
Signed: 09/18/2003 10:58
09/18/2003 ADDENDUM:
FERROUS SULFATE 32SMG PO QD ADDED FOR IRON DEFIECIENCY ANEMIA
PATIENT NAME AND ADDRESS ( Mechanical lmprinting, it available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress NotePage 61
Nov 12, 2003
/es/ RHONDA S ROSS,MD
STAFF PHYSICIAN
Signed: 09/18/2003 11:01
TITLE: NURSING-PLAN OF CARE/GENERAL
DATE OF NOTE: SEP 18, 2003@10:37 ENTRY DATE: SEP 18, 2003@10:37:02
AUTHOR: CREMEANS,LISA DAWN EXP COSIGNER:
URGENCY: STATUS: COMPLETED
*-" NURSING-PLAN OF CARE/GENERAL Has ADDENDA ***
MOBILITY ASSISTANCE
Transfers independently _x_ yes no
Mechanical lifting device needed for transfer _ yes _x no
Weight Bearing: _x full _ partial none
Restrictions to activity: x no ycs
AssisCive devices:
uses: x none wheelchair cane walker other:
needs: x rrone wheelchair cane walker other:
ACTIVITY STATUS
x Ambulatory: x unassisted with assistance
room x hall off unit
ambulated (distance & tolerance):
Hyge.ine
Bath: _x_ self _ assist complete
Mouth care: _x_ self assist complete
Dressing: _x self ^ assist complete
Grooming: _x_ self _ assist complete
Toileting: _x_ self assist. complete
Bowel Movement yes x no
Incontinent stool yes x no
Number of BMS:O
Voiding
Incontinent urine
Foley catheter
External device
EUD changed
Patient Safety
YES NO
x_ yes no
yes x no
yes no
yes x rio
yes x no
x Bed exit alarm turned on
Top side rails in up position
PATIENT NAME AND ADDRESS (Mechanieal imprinting, If avallable)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Eiectronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress NotePage62
Nov 12, 2003
x Bottom side rails in up position
Bed in low position
x Trapeze
x Smoking precautions
/es/ LISA DAWN CREMEANS, RN
STAFF NURSE
Signed: 09/18/2003 10:39
09/18/2003 ADDENDUM:
Pt has been up and about this day, to shower. Couqhing up only slight pink
tinged sputum from bronch yesteiday-
/es/ LISA DAWN CREMEANS, RN
STAFF NURSE
Signed: 09/18/2003 10:43
TITLE: NURSING-PLAN OF CARE/GENERAI.
DATE OF NOTE: SEP 18, 2003@06:51 ENTRY DATE: SEP 18, 2003@06:51:47
AUTHOR: DAVIS,CONNIE EXP COSIGNER:
URGENCY: STATUS: COMPLETED
UNEVENTFUL NIGHT SHIFT. PT AWAITING RESULTS OF HIS TESTING. DENIES ANY WANTS
OR NEEDS AT THIS TIME.
/es/ Connie Davis, RN
Staff Nurse
Signed: 09/18/2003 06:52
TITLE: NURSING-ACTIVITIES OF DAILY LIVING
DATE OF NOTE; SEP 18, 2003@01:42 ENTRY DATE: SEP 18, 2003@01:42:56
AUTHORt FRAZIER-NEWTON,VIVIANEXP COSIGNER:
URGENCY: STATUS: COMPLETED
MOBILITY ASSISTANCE
Transfers independently _x_ yes _ no
Mechanical lifting device needed for transfer _ yes _x_ no
Weight Bearing: _x full _ partial none
Restrictioris to activity: _x_ no yes
Other:
Assistive devices:
uses: none x wheelchair cane walker other:
needs: none x wheelchair cane walker other:
PATIENT NAME AND ADDRESS (Idechanical imprinting, if availabfe)
SINNOT'I', JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress NotePage 63
Nov 12, 2003
ACTIVITY STA'PUS
x Ambulatory: x unassisted with assistance
room _ hall off unit
ambulated (distance & tolerance):
Bathroom privileges
Bathroom privileges with assistance
tolerance:
_ Bedrest: z turns self turn q2h: even
Red or broken areas noted: _ no _yes
Team leader notified/aware of skin condition
Comments/action taken;Bath: _ self assist complete
Mouth care: self assist contplete
Dressirtg: self assist complet.e
Grooming: self assist complete
Toileting: _x_ self assist complete
Adapt.ive devices needed/used:
Bowel Movement yes no
Iricontinent stool yes no
Number of BMs:
Voiding _ yes no
Incontinent urine yes no
Foley catheter yes x no
ExCernal dcvicc yes x no
EUD changed yes no
Education provided - no _ yes:
Comment/action taken;
MEAL
x_ breakfast lunch supper
_ tube feeding
snack
TYPE
_x_ solid _ cl liquid ful.l. li.quid other:
NPO
Percent entree consumed:
Percent tray consumeda
METHOD OF EATING
PATIENT NAME AND ADDRESS (Mechanical imprinting, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
odd hours
Progress Note Page 64 Nov,2,2008
x self assist feed
COMMENTS:
YES NO
x Bed exit alarm turned on
_x_ _ Top side rails in up position
x Bottom side rails in up position
Bed in low position_x_ Trapeze
Smoking precautions:
private room
staff present when patient smokes
Other:
Education provided: no yes:
Comments/Action taken:
/es/ VIVIAN FRAZIER-NEWTON, NA
nursing assistant
signed: 09/18/2003 06:39
TITLE: NURSING-ACTIVITIES OF DAILY LIVTNG
DATE OF NOTE: SEP I7, 2003i20:06 EN7'RY DATE: SEP 17, 2003C^20:06:50
AUTHOR: BOOTH,BROOKE E EXP COSIGNER:
URGENCY: STATUS: COMPLETED
MOBILITY ASSISTANCE
Transfers independently x yes no
Mechanical lifting device needed for transfer - yes _x_ no
Weight Bearing: _x full _ partial none
Restrictions to activity: x no yes
Other:
Assistive devices;
x uses: x none wheelchair cane walker other:
x needs: x none wheelchair cane walker other:
ACTIVITY STATUS
_x_ Ambulatory: _ unassisted _ x_ with assistance
room hall off unit
ambulated (distance & tolerance):
Bathroom privileges
PATIENT NAME AND ADDRESS (Mechanical imprinting, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress NotePage 65
Nov 12, 2003
_x_ Bathroom privileges with assistancetolerance:
_x_ Bedrest: _x turris self - tnrn q2h: _ even odd hours
Red or broken areas noted:
Team leader notified/aware of
no - yes
skin condition
EDUCATION PROVIDED X no yes:
Comments/action taken:
Bath: self _x_
Mouth care: self _x_Dressing: self _x_
assist
assist _
assist _
complete
complete
completeGrooming: self _x_ assist
Toileting: self _x_ assist
complete
complete
Adaptive devices needed/used
Bowel Moveinent yes no
Incont.i.nent stool yes no
Nuniber of EMs:
Voiding x_ yes noIncontinent urine yes x_ noFoley catheter yes no
External device yes x_ no
Education provided _x_ rio - yes:
Comment/action taken:
MEAL
breakfast lunch _x_ supper
tube feeding
TYPE
x sol.id
NPO
cl liquid
Percent entree consumed:
Percent tray consumed:75%
METHOD OP EATING
_x_ self
COMMENTS:
assist
snack
full liquid otherc
feed
YES NO
x Bed exit alarm turned on
Top side rails in up position
PATIENT NAME AND ADDRE55 ( M¢chanical Imprinting, il available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
P rog ress NotePage 66
Nov 12, 2003
x__ Bottom side rails in up position
Bed in low positior.
Trapeze
_x_ Snioking precautions:
private room
staff present when patient smokes
Other:
Education provided; no _x yes:pt told to call out when he
needs help
Comments/Action taken:
/es/ Brooke Booth, NA5
NURSING ASSISTANT
Signed: 09/17/2003 20:08
TITLE; IMAGING INVASIVE-TECHNICIAN
DATE OF NOTE: SEP 17, 2003@16:29:23 ENTRY DATE: SEP 17, 2003@16:29:23
AUTHOR: WILLIAMS,ANGELA MARIAEXP COSIGNER:
URGENCY: STATUS: COMPLETED
EXAM PERFORMED:ct head abd pelvis
ALLERGIES: FLOXIN
Lab Values: 12 BUN 8 CREAT
Diabetes: _ YES x NO
Diabeti.c Medi.cation:
Metformin: YES NO Last dose date:
NO YES
History of Renal Disease
Dialysis
Multiple Myeloma
Sickle Cell Anemia
x Patient instructed and educated about exam
x Past Reaction to IV Contrast? If YES, describe:
IV CONTRAST UTILIZED
Type:ultravist
Amount: 100cc
Lot #: 039692t
Expiration: 3/06
cc/sec injection rate:2cc per sec
PATIENT NAME AND ADDRESS (Mechanical imprinting, il avallable)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, 01110 45638-1176
402506326
VISTA Electronic Medical Documentation
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P rog ress NotePage67
Nov 12, 2003
Contrast reaction: x NO YES: Describe:
PATIENT EDUCATION
Yes - No Patient was educated prior to the examination.
Yes - No All patient concerns were addressed prior to exam.
IF NO:
Yes _ No Surrogate educated prior to examination in accordance with
the instruction pamphlet detailing the procedure.
Yes _ No Exam was completed without education due to the patients
condition at the time of the exam-
/es/ ANGELA MARIA WILLIAMS
NT
Signed: 09/17/2003 16:30
TITLE: MEDICAL ATTENDING-INPATIENT
DATE OF NOTE: SEP 17, 2003013:33 ENTRY DATE: SEP 17, 2003@13:33:54
AUTHOR: ROSS,RHONDA S EXP COSIGNER:
URGENCY: STATUS: COMPLETED
VITAL SIGNS:
Blood Pressure: 135/77 (09/17/2003 00:50)
Pulse . 73 (09/17/2003 00:50)Respiration . 16 (09/17/2003 00150)Temperature . 99 F[37.2 C] (09/17/2003 00:50)Weight . 227 lb [103.2 kgl (09/15/2003 06:35)
Pain . 6 (09/17/2003 00:50)S: Pt. doing well. S/p bronchoscopy this am.
GENERAL:AO X 3, NAD, lying comfortably in bed
CARDIOVASCULAR:RRR w/o murmur, no ectopy
RESPIRATORY:CTA bilat., no wheezes, no rales, no ronchi
EaTREMITIES:no clubbing, no cyanosis, no edema
WHOLE BODY BONE SCAN
Impression:
1. No evidence of inetastatic disease.
ASSESSMENT:
-RUL LUNG MASS (discussed case with Dr. Munn and there is not any extension into
LUL)
-ANEDILA/IRON DEF.
-B12 DEFICIENCY
-WT. LOSS
PATIENT NAME AND ADDRESS (Methanical imprinting, if avallable)
SINNOTT, JANIES
1525 THOMAS ST
IRONTON, OHIO 45638-1.1.76
402506326
VISTA Electronic Medical Documentation
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Progress NotePage69
Nov 12, 2003
-COPD
-GERD
PLAN:
BRONCHOSCOPY RESULTS PENDING
CT HEAD,A6D./P8LVIS PENDINC
WILL DISCUSS WITH PULMONARY PLANS FOR DISCHARGE AND CONTINUE W/U AS OP
/es/ RHONDA S ROSS,MD
STAFF PHYSICIAN
Signed: 09/17/2003 13:39
TITLE: NURSING-PLAN OF CARE/GENERAL
DATE OP NOTE: SEP 17, 2003@10:45 ENTRY DATE: SEP 17, 2003@10:4525
AUTHOR: DEMARIA,JANET L EXP COSIGNER:
URGENCY: STATUS: COMPLETED
Patient returned to room following bronchoscopy--Patient having no difficulty breathing-no complaints of pain or discomfort aL
this time.
Head of bed elevated
Instructed not to eat or drink until orders are obtained.
Instructed to call for assistance if needed.
/es/ Janet L DeMaria, RN
SLaff Nurse
Signed: 09/17/2003 10:56
TITLE: PACU DISCHARGE NOTE-NURSING
DATE OF NOTE: SEP 17, 2003Q10:24 ENTRY DATE: SEP 17, 2003%1D:24:44
AUTHOR: MILLER,RANDALL D EXP COSIGNER:
URGENCY: STATUS: COMPLETED
D/C From The PACU t.o: 5s
Aldrete score:10
Pain Level:0
Vital Signs: Stable
See PACU flowsheet for more information.
PATIENT NAME AND ADDNE$5 (Mechanical impriming, if available)
STNNOTT, JAMES
"_525 THONtAS S1'
I'kONTON, OHIO 45638-1.176
402506326
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Progress NotePage 69
Nov 12, 2003
/es/ RANDALL D. MILLER, R.N.,CPAN
STAFF NURSE
:iigned: 09/17/2003 10:25
TITLE: PULMONARY INPATIENT-PHYSICIAN
DATE OF NOTE: SEP 17, 2003[N10:20 ENTRY DATE: SEP 17, 2003010:20:33
AUTHOR: GHANEM,AMMAR EXP COSIGNER:
URGENCY: STATU+c COMPLETED
subjective:The patient is 64 yo MALE who
has been in the hospital for days for the reason of right upper lobe mass .
The patient has been doing stable since yesterday and he had his bronchoscopy
done this morning and he is stable after the bronch.
objective: temperature99 F(37.2 Ci (09/17/2003 00:50)
00:50) respirationl6 (09/17/2003 00:50)
blood pressure135/77 (09/17/2003 00:50)
heent:perrl, ent is normal
neck:supple, no jvd, thyromegaly or bruits
chest:cta/no wheezing or decreased breath sounds
heart:rrr, no murmurs or gallops
abdomen:soft,nt,nd a<:tive bowel sounds
extremities:no oedema, pulse is palbabl.e bilaterally
neurologic:nonfocal
musculoskeletal;normal, no skin rash
pulse73 (09/17/2003
impression:right upper lobe inass with risk factors of smoking and asbestos
exposure, malignancies is of a niajor concern. s/p bronchoscopy on the
patient today morning which showed suspeCious endobronchial lesion on the apical
segment of the right upper lobe that have been biopsied.we will wait fot
pathology studies.
/es/ AMMAR GHANEM
PGY4
Signed: 09/17/2003 10:24
TITLE: INTRAOPERATIVE REPORT-NURSING
DATE OF NOTE: SEP 17, 2003@10:05 ENTRY DATE: SEP 17, 2003010:05:32
AUTHOR: MACHADO,MIRIAM EXP COSIGNER:
URGENCY: STATUS: COMPLETED
PATIENT NAME ANDADDNESS(Mechanical imprinting, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
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P rog ress NotePage 70
Nov 12, 2003
MEDICAL RECORD I NURSE INTRAOPERATIVE REPORT
Operating Room: OR2 (MINOR/ENDO) Surgical Priority: ELECTIVE
Patient in Iiold: SEP 17, 2003 07:45
Patient in OR: SEP 17, 2003 08:15
operation Begin: SEP 17, 2003 08:30
Operation End: SEP 17, 2003 09:25
Patient Out OR: SEP 17, 2003 09:30
PAGE 1
Surgeon: MUNN,NANCY J First Assistant: GHANEM,AMMAR
Attending Surg: MUNN,NANCY J Second Assistant: N/A
Anesthetist: NOT ENTERED Assistant Anesth: DAURIA,JOHN J
other Scrubbed Assistants: N/A
OR Support Personnel:
Scrubbed Circulating
JOURNELL,JAMES W () MACHADO,MIRIAM ()
ADKINS,PENNY S O
Other Persons in OR: N/A
Preop Mood: RELAXED Preop Conso: ALERT-ORIENTED
Preop Skin Integ: INTACT Preop Converse: N/A
Valid Consent/ID Band Confirmed By: MACHADO,MLRIAM
Time Out Verification Completed: YES
Preoperative Imaging Confirmed: NOT APPLICABLE
Skin Prep By: N/A Skin Prep Agent: N/A
Skin Prep By (2): N/A 2nd Skin Prep Agent: N/A
Preop Shave By: N/A
Surgery Position(s): SUPINE Placed: N/A
Restraints and Position Aids:
SAFETY STRAP
BLANKET(LIMITED EXPOSURE)
PILLOW, UNDER H[:An
Electrocautery Unit: N/A
ESU Coagulation Range: N/A
ESU Cutting Ranget N/A
PATIENT NAME AND ADDRESS (Mechanical imprinlin9, il available)
SINNOTT, JAMES
1525 THOMAS ST
iRONTON, OHIO 45638-1176
402E;06326
VISTA Electronic Medical Documentation
I'rinted at HUNTINGTON VAMC
JAMES SINNOTI'
CUYAHOGA COURT OF COMMON PLEAS CV-04-521874
MEDICAL RECORDS FROM HUNTINGI'ON VE'1'ERANS
ADMINISTRATION CENTER
PART III OF IV
Progress Note Page 71 Nov 12, 2003
Electroground Positi.on(s): N/A
Minor Operations Performed:
Primary: BRONCHOSCOPY WITH BIOPSY
CPT Code: NOT ENTERED
Material Sent to Laboratory for Analysis:
Specimens:
1.BIOPSY RIGHT UPPER LOBE APYCAL SEGMENT
2.BRI7SHING POSTERIOR SEGMENT RIGHT UPPER LOBE X 2 SLIDES
3.BRUSHING APYCAL SEGMENT RIGHT UPPER LOBE X 6 SLIDE
4.BRUSHING ANTERIOR SEGMENT RIGHT UPPER LOBE X 2 SLIDES
5.BRUSH TIP FOR CYTOLOGY
6.BRONCH WASH FOR CYTOLOGY
Cultures;
1.BRONCH WASHING FOR CULTURE
Anesthesia Technique(s) :BLOCK
Tubes and Drains:
n
'Pourniquet: N/A
Thermal Unit: N/A
Prosthesis Installed: N/A
Medications:
LIDOCAINE SOLN TOP 4% (SOML/BT)
Time Administered; SEP 17, 2003 08:30
Route: TOPICAL Dosage: 15CC
Ordered By: MUNN,NANCY J
Administered By: MUNN,NANCY J
Comments: MIX WITH SALINE 'PO MAKE 2%
Irrigation Solution(s): N/A
Blood Replacement Fluids: N/A
Sponge Count: NOT APPLICABLE
Sharps Count: NOT APPLICABLL•'
Instrument Count: NOT APPLICABLE
Counter: N/A
Counts Verified By: N/A
Dressing: n/a
Packing: NONE
PATIENT NAME AND ADDRESS (Mechanical imprinting, if available)
SINNOTT, JAMES
7525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress Note Page 72 NDv,2, 200$
Blood Loss: 0 cc's Urine Output: 0 cc's
Postoperative Mood: RELAXED
Postoper.rative ConsCi0u5neSS: SEDATED
Postoperative Skin Integrity: INTACT
Postoperative Skin Color: PINK
Type of Laser: NONE
Sequential Compression Device: NO
Wound Classification: CLEAN/CONTAMINATED
Operation Disposition: PACU (RECOVERY ROOM)
Discharged Via: S'IRETCHER
Nursing Care Comments:
ARRIVE PT IN HOLDING AREA FROM 5 SOUTH VIA STRETCHER.PROCEDURE
EXPLAINED AT THAT TIME. PT SEEN BY ANESTHESIA; IV STARTED.
PT INTERVIEWED AND CHART REVIEWED. PT ASSESSMENT DONE.
PROCEDURE EXPLAINED AND PRE & POST OP TEACHING DONE. PT DENI]:S ANY
QUESTIONS AT THIS TIME. PT CONFIRMED NPO;STATES HAS ALLERGY TO FLOXIN,
PERMIT VERIFIED. PT MOVED TO OR TABLE RM #4 WITH LITTLE ASSISTANCE.PT
MEDICATED BY ANESTHESIA. AREA OF EXPOSURE LIMITED WITH WARM BLANKETS.
SKIN WARM TO TOUCH. MONITOR APPLIED AND PT MONITORED THRU-OUT PROCEDURE
BY ANESTHESIA. PT POSITIONED AND ALL PRESSURE AREAS PADDED. PT TOLERATED
PROCEDURE WELL AND HAD NO NOTED INJURY AFTER CASE. REPORT CALLED TO
PACI7. PT TRANSPORTED TO PACU ON STRETCHER.
/es/ MIRIAM htACHADO, RN,BSN
S'1'AF[' NURSE
Signed: 09/17/2003 10:07
TITLE: PACU ADMISSION NOTE-NURSING
DA'1'6 OF NOTE: SEP 17, 2003909:53 ENTRY DATE: SEP 17, 2003009:53:58
AUTHOR: MILLER,RANDALL D EXP COSIGNER:
URGENCY: STATUS: COMPLETED
Arrives PACU @ 936a
Procedure:bronch with bx's.
Anesthesia Type:mac
Pain Leve1:0
Aldrete Score:8
PATIENT NAME AND ADDRESS (Mechanical imprinling, il available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTOPI, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress Note Page73 Nov12,2009
Vital Signs: Stable
cxr done in the pacu
See PACU flowsheet for more information.
/es/ RANDALL D. MILLER, R.N.,CPAN
STAFF NURSE
Signed: 09/17/2003 09:54
TITLE: PULMONARY PROCEDURE- PHYSICIAN
DATE OF NOTE: SEP 17, 2003@09:41 ENTRY DATE: SEP 17, 2003@09:41:25
AUTHOR: GHANEM,AMMAR EXP COSIGNER: MUNN,NANCY J
URGENCY: STATUS: COMPLETED
*•* PULMONARY PROCEDURE-PHYSICIAN Has ADDENDA •**
Indication for the procedure:R UPPER LOBE htASS
Supervisor: Dr. Munn
Anesthesia: Patient has local nerve blocks and sedation done by
anesthesia
Procedttre: After local anesthesia and sedation preparation, I went with the
bronchoscope through the side nose to the supraglottis area and then
anteriorly
to visualize the vocal cords which look normal in appearance and motility. Then
1 went down the trachea
all the way to the carina level that look nornnal without any lesions or mucosal
abnormalities.
Then I looked at the normal L side and all the major bronchus and segmentalbronchus looked normal in
appearance wi.thout endobronchial mucosal lesion or masses. there is no stenosis
or other abnormalities.
the bronchoscope than was drawrr back to the level of the carina and then pushed
down the R side: the right lower lobe and middle lobe segments look normal
except for mild mucosal changes consitent with chronic bronchitis.the right
upper lobe segment and ttie three subsegments looked the same with some ntttcoasal
changes except for one suspecious lesion in the apical segement. there is sonte
rrarrowing with this lesion and washing, brushing and biopsies were taken from
that area.
Intervention:washing, brushing and 5-6 biopsies were taken from that area in
the apical segment of the right upper lobe.Brushing also was done on the oChertow segments of the right upper lobes.
PATIENT NAIAE AND ADDRESS ( Mechanical imprinting, ii available)
SINNOTT, JAMES
1525 THOM.AS ST
IRON'L'ON, OfiIO 4 563 8-1176
402506326
VISTA Electronic Medical Documentation
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Progress NotePage 74
Nov 12, 2003
At the end of the procedure,cleaning of the airways with saline and suctioning
were done, there is no signs of significant bleeding. the bronchoscope was
drawn back and the patient was taken to the recovery room for observation.
chest xray was ordered and will he checked to role out pneumothorax.
/es/ AMMAR GHANEM /es/ NANCY J MUNN, M.D.
PGY4 CHIEF, PULMONARY SECTION
Signed: 09/17/2003 09:48 Cosigned: 09/17/2003 16:03
09/17/2003 ADDENDUM:
Present for and participated in the entire procedure. VC moved normally. Trac.hr:a
and main carina appeared normal. Left bronchial anatomy appeared normal with
some chronic bronchitic mucosal changes. Right middle lobe and right lower lobe
anatomy normal. Right upper lobe showed patent anterior and posterior segments
with some mild mucosal irregularity. Apical segment with question of some
narrowing of one of the subsegments and some mucosal irregularity. Washings,
brushings done from all segments of RUL, transbronchial biopsies done from
apical segment under fluoroscopic guidance. Patient tolerated the procedure well
and was taken to the PACU in stable condition. Post-procedurc CXR showed no
pneumot.horax.
/es/ NANCY J MUNN, M.D.
CHIEF, PULMONARY SECTION
Signed; 09/17/2003 16:07
'I'ITLE: ANESTHESIA-IMMEDIATE POST ANESTHESIA RECOVERY
DATE OF NOTE: SEP 17, 2003009:35 ENTRY DATE: SEP 17, 2003e09:35:42
AUTHOR: DAURIA,JOHN J EXP COSIGNER:
URGENCY: STATUS: COMPLETED
HLOOD PRESSURE:148/81
PULSE:71
RESPIRATION:15
SaO2:99% on NRB FM
TEMPERATURE:
PAIN:O
COMMENTS: Pt awake, sedated in MAD
/es/ JOHN J D'AURIA, M.D.
Anesthesiologist-in-Chief
Signed: 09/17/2003 09:36
TITLE: ANESTHESIA OCCURRENCE INDICATOR 911ECiT
PATIENT NAME AND ADDRESS (Mechanical Imprinting, it available)
SINNOTT, JAMES
1525 9'HOMP.S ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
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Progress NotePage 75
Nov 12, 2003
DATE OF NOTE: SEP 17, 2003@09;34 ENTRY DATE: SEP 17, 2003@09:34:43
AUTHOR: DAURIA,JOHN J EXP COSIGNER:
URGENCY: STATUS: COMPLETED
Procedure:Bronchoscopy/Bx RUL Mass
Provider: Munn
ASA CLASS:
Class III:A patient wiCh severe systemic disturbance; e.g.,angina
pectoris, severe COPD.
MALLAMPATI AIRWAY CLASSIFICATION (assessed by tongue extension & phonation)
Class 2: uvula, but not tonsilar fauces visualized
There was no adverse occurrence.
/es/ JOHN J D'AURIA, M.D.
Anesthesiologist-in-Chief
Signed: 09/17/2003 09:35
TITLE: NURSING-PLAN OF CARIi/GliNERAL
DA7'E OP NOTE: SEP 17, 2003@09:04 ENTRY DATE: SEP 7.7, 2003@09:0S:01
AUTHOR: DEMARIA,JANET L EXP COSIGNER:
URGENCY: STATUS: COMPLETED
Pat.ient ott floor having bronchoscopy-
/es/ Janet L DeMaria, RN
Staff Nurse
Signed: 09/17/2003 09:05
TITLE: PRE OPERATIVE VISIT-NURSING
DATE OF NOTE: SEP 17, 2003@08:22 ENTRY DATE: SEP 17, 2003@08:23:02
AUTHOR: MACHADO,MIRIAM EXP COSIGNER:
URGENCY: STATUS: COMPLETED
Proposed operating room (OR) procedure: BRONCH BIOPSY
Patient identified by armband correct, chart reviewed, ID card correct,
verbal identification
Specialty: General Surgery
History/Physical: Yes
Patient on 02 : No
OR consent : Yes
PATIENT NAME AND ADDRESS (Mechanical imprinting, if available)
STNNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
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Progress NotePage76
Nov 12, 2003
Family present : No
Allergy: denies additional allergies
FLOXIN
Level of consciousness: alert, oriented
Lim.itations: none
Past medical history:
Prosthetics: none
Imolants: none
Ostomy: none
TubCs: noile
Transport to OR: stretcl-ier
Education
remove dentures/jewelry-completed
shave/scrub prep-completed
NPO-completed
transport-completed
sights/sounds of OR explained-completed
pt/signficant other encouraged to verbalize concerns-completedOR patient education sheet given-compleCed
Surgery site verification; Intra Op
Verball.y announces tilne out prior to surgery start
Start time: 8:7.5A
Stop time : 8:17A
Anesthesia, Circulating Nurse, Physician identify:
Correct patient: Yes
Correct surgery site marked: Yes
Correct implants available per MO: N/A
Imaging:
OR team confirnis images are correct and properly laLeled:N/A
Names of two team members:
/es/ MIRIAM MACHADO, RN,BSN
STAFF NURSE
Signed: 09/17/2003 08:26
TTTT.E- ANRCTHESSA.
DATE OF NOTE: SEP 17, 2003@08:20 ENTRY DATE: SEP 17, 2003@08:27:20
PATIENT NAME. AND ADDRESS (Mechanical imprinting, if available)
SINNOTT, JAMES
1525 THOMAS S'1'
IRONTON, OHIO 45638-1176
402506326
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+ p Page 77
P ^p ^i5►7 Note Nov 12, 2003
AUTHOR: MOUFARREGE,GHASSAN T EXP COSIGNER:
URGENCY: STATIJS: COMPLETED
DATE OF CWNSENT:09/17/2003
TIME OF CONSENT;0820
PATIENT'S COND11'TON AT THE TIME OF SIGNING:
_X_ AWAKE/ALERT
SLEEPY/SEDATED
CONBIISED
LETHARGIC
PROPOSED TYPE OF ANESTHETIC:
_X_ METHODS:
_X_ BENEFITS:
_X_ RISKS:
X OPTIONS:
DISCUSSED WITHc
X PATIENT
FAMILY
COMMENTS:
PATIENT/LEGAL REPRESENTATIVE SEEM TO UNDi•1RS1'AND THE PROPOSED TYPE OF
ANES7'HESIA:
X YES NO COMMENTS:
PATIENT/LEGAL REPRESENTATIVE IFAD TFiE OPPORTUNITY TO ASK QUESTIONS:
X YES NO COMMENTS:
PATIENT/LEGAL REPRESENTATIVE SEEM TO GIVE CONSENT WITHOUT DURESS OR
COERCION:
X YES NO COMMENTS:
/es/ GHASSAN T. MOUFARREGE, M.D.
Anesthesiologist
Signed: 09/17/2003 08:28
TITLE: ANESTHESIA-IMMEDIATE PRE OP REASSESSMENT
DATE OF NOTE: SEP 17, 2003@08:20 ENTRY DATE: SEP 17, 2003@08:28:20
AUTHOR: MOUFARREGE,GHASSAN T EXP COSIGNER:
URGENCY: STATUS: COMPLETED
VITAL SIGNS:
Blood Pressure: 135/77 (09/17/2003 00:50)
Pulse . 73 (09/17/2003 00:50)
Respira[ion . 16 (09/17/2003 00:50)
PATIENT NAME AND ADDRESS (Mechanioal imprinling 1 available) VISTA Electronic Medical DocumentationSINNOTT, JAMES
1525 THOMAS ST
IRON'I'ON, 01110 45638-1176
402506326Printed at HUNTINGTON VAMC
Progress Note Page 78 Novt2,2009
Temperature . 99 F[37.2 C] (09/17/2003 00:50)
Weight . 227 lb [103.2 kgl 109/15/2003 06:35)
Pain 6 (09/17/2003 00:50)
Proposed Surgical Procedure:
Pre-anesthetic Checklist:
_X Patient ID'd
_X NPO after B hrs
X c:hart review
_X Anesthesia consent.
X Anesthesia consent progress note
_X_ Equipment, drugs, gas supply check
Blood product availability:
Iavnediate Pre-op Re-evaluation:
ASA Class: III (I-V)
Planned Anesthetic Technigue:
X Choice
GETA:
_ Mask or LMA GA:
riVA:
Spinal:
Epidural:
IV Bier block:
_ Nerve/Plexus block:
MAC:
Other:
Invasive Lines/Monitoring:
IV in situ;
X IV in OR:
A-line in situ:
A-line in OR:
CVP/PA line in situ:
CVP/PA line in OR:
/ee/ GHASSAN T. MOUFARREGE, M.D.
Anesthesiologist
Signed: 09/17/2003 08:28
TITLE: ANESTHESIA-HISTORY & PHYSICAL
DATE OF NOTE: SEP 17, 2003008:15 ENTRY DATE: SEP 17, 2003@08c15:19
AUTHOR: MOUFARREGE,GHASSAN '1' liXP COSIGNER:
URGENCY: STATUS; COMPLETEll
Vital Signs
PATIENT NAME AND ADDRESS ( Mechanical impfinting, il available)
SINNOTT, JAMES
1525 'i'6ONIDS ST
IRONTON, OHIO 45638-1176
402506326
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Progress NotePage 79
Nov 72, 2003
Sex: MALE
Heiqht: 73 in [185.4 cm) (08/11/2003 09:20)
Weight: 227 lb f103.2 kg] (09/15/2003 06:35)
Temp: 99 F[37.2 C] (09/17/2003 00:50)
BP: 135/77 (09/17/2003 00:50)
IIR: 73 (09/17/2003 00a50)
RR: 16 (09/17/2003 00:50)
Pain: 6 (09/17/2003 00:50)
DIAGNOSIS; RT. LUNG MASS
OPERATION:BRONCHOSCOPY WITH BIOPSIES
SURGEON: MUNN
DATE OF SURGERY:09/17/2003
PMH:
Medi.cations:Active Inpatient Medications (including Supplies):
Active Inpatient Medications Status----------------------- _______.____________...____________________
1) AMITRIPTYLINE TAB 50MG PO OHS (BEDTIME) ACTIVE
2) CAPSAICIN CREAM,TOP THIN LAYER TOP Q12H PRN to ACTIVE
affected area
3) CYANOCOBALAMIN INJ,SOLN 1000MCG/1ML IM QD X 3 DAYS, ACTIVE
THEN MONTHLY
4) FERROUS SULFATE 'PAB 325MG PO QD ACTIVE
5) FEXOF'ENADINE TAB 180MG PO QD AC'I'IVB
6) FLUNISOLIDE INHL,NASAL 2 SPRAYS NA BID ACTIVE
7) RABEPRAZOLE TAB,EC 20MG PO QD ACT'iVR
8) SALSALATE TAB 500MG PO Q6H ACTIVE
9) TERAZOSIN CAP,ORAL 2MG PO HS (BEDTIME) ACTIVE
Allergies: FLOXIN
1.
Date
1994
Operation Anesth
B/L TKR
etic Techn
GA
ique Complications
NONE
2. 1995 SEPTOPLASTY GA NONE
3. 1996 L5-Sl LAMINECTOMY GA NONE
4. 1996 RT. FOOT SURGERY GA NONE
PATIENT NAME AND ADDRESS (Mechanical Imprinting, II avallable)
SINNOTT, JAbIES
1925 THOMAS S'1'
IRONTON, OHIO 45638-1176
402506326
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Progress NotePage 80
Nov 12, 2003
Social Habits
Tobacco: QUIT 8 YRS AGO. PRIOR, 1 1/2 PPD X 50 YRS.
ETOH:2-3 DRINKS ON WEEKENDS.
ROS:
Neurological
Other: H/O HERPES ZOSTER AND POST HERPETIC NEURALGIA
Pulmonary
Other: CT SCAN: RUL ANTERIOR MASS 3.3 X 3.8 CM IN SIZE.
Cardiovascular
CAD:DENIBS CP. LIMITED EXERCISE TOLERANCE DUE TO LBP.CAN WALK 1 BLOCK W/O
CP.
MI; O1.D INFERIOR MI. DIAGNOSED ON EKG. PT. DIDN'T KNOW ABOIJT IT.
GI/GU
GERD: ON RABEPRAZOLE. CURRENTLY ASYMPTOMATIC.
Other: H/O MALLORY WEISS TEAR AND SECONDARY UPPER GI BLEED IN JAN. 2003.
H/O KIDNEY STONES, REMOVED IN THE PAST.
Endocrine
Negative
Hematology
Negative
Musculoskeletal
Back Pain:LOW BACK PAIN RADIATING TO BOTH LOWER EAT7tEMITIES.
Other:H/O FIBROMYALGIA. PAINS IN THE SHOULDERS, ARMS AND LOW BACK.
PE:
Airway
MALLIIMPATI AIRWAY CLASSIFICATION
(assessed by tongue extension & phonation)
Cl.ass 2: uvula, but rtoL tonsilar fauces visualized
Dentition: OWN
Neck ROM:GOOD
Thyromentum distance: 4 FB
Pul ntonaryBreath sounds:CTA
CVS
PATIENT NAME AND ADDRESS ( Mcehanit2l impdnting, if available)
SINNOTT, JAMES
1525 111OMAS ST
IRONTON, OHIO 95638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress NotePage 81
Nov 12, 2003
Rhythm: RRR
Neurologic
Mental status: A,A,O X 3
LABORATORY:
PT 14.3 Seconds H (0 9/16/2003 05:00)INR 1.21 H (09/16/20 03 05;00)PTT 28 Seconds (09/1 6/2003 05:00)
Sodium 137 MMOL/L (09/7 5/2003 0S:00)
Potassium 3.9 MEQ/L (09/15 /2003 0S:00)
Chloride 7.04 MMOL/L (09/1 5/2003 05:00)Co2 27.9 MMOL/L (09/ 15/2003 05:00)Bun 12 MG/DL (09/15/2003 05:00)Creatinine 0.8 MG/DL (09/15 /2003 05:00)Glucose 92 MG/DL (09/15/ 2003 05:00)
WBC 6.3 K/cmm (09/16 /2003 05:00)HGB 13.7 g/dL L (09/1 6/2003 05:00)HCT 41.1 % L (09/16/2003 05:00)Platelets 247 K/Cmm (09/16/2003 05:00)
Total Protein 6.9 G/DL (09/04/2003 09:47)Albumin 3.7 G/DL (09/04/2003 09:47)Total Bil.irubin 0.9 MG/DL (09/04/2003 09:47)Alkaline Phosphatase 69 IU/L (09/04/2003 09:47)AST 17 IL'/L (09/04/2003 09:47)ALT 14 113/L (09/04/2003 09:47)
GKG: NSR. RBBB. OLD INFERIOR MI.
IMPRESSION:
ASA CLASS:
Class III:A patient with severe systemic disturbance; e.g.,angina
pectoris, severe COPD.
MALLAMPATI AIRWAY CLASSIFICATION (asseseed by tongue extension & phonation)
Class 2: uvula, but not tonsilar fauces visualized
PLAN:
Choice
Hemodynamic Monitoring
NIBP, EKG, Sp02,+/-ECCO2
PATIENT NAME AND ADDRESS (Mechanicai imprinling, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
P rog ress NotePage 82
Nov 12, 2003
/es/ GHASSAN T. MOUFARREGE, M.D.
Anesthesiologist
Signed: 09117/2003 08:27
TITLE: CHAPLAIN
UA'i'E OF NOTE: SEP 17, 2003@07:45 ENTRY DATE: SEP 17, 2003®14:44:29
AUTHOR: ROSE,OSCAR H EXP COSIGNER:
URGENCY: STATUS: COMPLETED
REASON FOR VISIT
Pre-Surgery Inpatient, Post-Surgery Inpatient
ASSESSMENT
Patient's religious preference is Unknown/No Preference.
Alert/responsive
Comments: talk to patient's nurse; patient is scheudled for surgery- lung
biopsy- patient requested prayer; falnily present- visited with family
PLAN OF CARE
Regular Visit1. Provide prayer, spiritual support and emotional encouragement
J. Accessible for family counseling
3. Accessible for Holy Communion
4. Provide religious literature upon request
5. See patient as needed or on regular patient rounds
IN'1'L•'R V h:NTI ON
Pray, Counsel, Religious literature, Family counseling
/es/ OSCAR H ROSE
CHAPLAIN
Signed: 09/1'7/2003 14:46
TITLE: PRE OP NOTE-SURGERY
DATE OF NOTE: SEP 17, 2003@07:35 ENTRY DATE: SEP 17, 2003907:35:15
AUTHOR: MUNN,NANCY J EXP COSIGNER:
URCENCY: STATUS: COMPLETED
Diagnosis: Right upper lobe mass
Planned Procedure:Hronchoscopy with biopsy
Actending Surgeon:Munn
Risks and benefits of the planned procedure as well as alternative
treatments were discussed with the
patient as recorded on the Inforlned Consent? Yes
PATIENT NAME AND ADOf7ESS (Machanlcal imprinling, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
P rog ress NotePage 83
Nov 12, 2003
The patient had an opportunity to ask questions? Yes
Coniments :
Patient's condition at the time of signing Informed Consent?awake and alert
Pertinent clinical information (significant abnormalities) :Patient with
RUL mass, right shoulder pai.n.
Blood:
/es/ NANCY J MUNN, M.D.
CHIEP, POLMONARY SECTION
Signed: 09/17/2003 07:35
TITLE: PRE OP HISTORY & PHYSICAL-SURGERY
DATE OF NOTE: SEP 17, 2003@0"1:34 ENTRY DATE: SEP 17, 2003M?07:34:22
AUTHOR: MUNN,NANCY J EXP COSIGNER:
URGENCY: STATUS: COMPLETED
See H and P, initial Pulmonary Consult.
1. Chief Complaint:
2. History of Present I1lness (location, severity, timirrg, modifying
factors, qualitv, duration, context, associated signs and symptoms):
3. Past Medical HisLory (illness, operat'..ons, injuries and t.reatment):
4. Social History (including smoking history, etoh history):
5. Family History (family disease, hereditary, risk factors):
6. Psychosocial (past current activities, religion)
7. Outpatient Medications:
Active Outpatient Medications (including Suppiies)
Issue Date
Status Last Fill
ACt.ive OutpaLient Medications Refills Expiration
------------- ------
1) AMITRTPTYLINE HCL 10MG TAB Qty: 150 for ACTIVE IssU:09-04-03
30 days Sig: TAKE ONE TABLET BY MOOTH Refills: 1 Last:09-04-03
AT BEDTIME FOR 1 DAY, THEN TAKE TWO Expr:09-04-04
i'ABLETS A'1' BEDTIME FOR 1 DAY, THEN
PATIENT NAME AND ADDHESS tMechanical imprin[ing, il availabie)
S7:NNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress NotePage 84
Nov12,2003
TAKE 7'HREL•' TABLETS AT BEDTIME FOR 1
DAY, THEN TAKE FOUR TABLETS AT BEDTIME
FOR 1 DAY, THEN TAKR FIVE TA17LL•P15 AT
BEDTIME FOR 1 DAY INCREASE DOSE UP TO
50 MG GRADUALLY; STOP AT DOSE WHICH
GIVES REST UP TO 50 MG AT HS
2) CAPSAICIN 0.0251 CR (20Z/TU) Qty: 60 ACTIVE Issu:12-06-02
for 30 days Sig: APPLY SMALL AMOUNT Refills: 2 Last:08-25-03
EVERY 12 HOURS AS NEEDED Expr:12-07-03
3) FEXOFENADINE HCL 1BDMG TAB Qty: 30 for ACTIVE Issu:04-07-03
30 days Sig: TAKE ONE TABLET BY MOUTH Refills: 11 Last:04-07-03
EVFRY DAY "FOR ALLERGIES... MAY CAUSE Expr:04-07-04
SEDATION
4) FLUNISOLIDE 25MCG 200D NASAL INHL Qty: ACTIVE Issua12-06-02
i for 30 days Sig: SPRAY 2 SPRAYS IN Refills: 2 Last:08-25-03
BOTH NOSTRILS TWICE A DAY FOR NASAL Expr:12-07-03
ALLERGY SYMPTOMS
5) RABEPRAZOLE NA 20MG EC TAB Qty: 90 for ACTIVE Issu:02-03-03
90 days Sig: TAKE ONE TABLET BY MOUTH Refills: 1 Last:07-23-03
EVERY DAY FOR STOMACH Expr:02-04-04
6) SALSALATE 500MG TAB Qty: 120 for 30 ACTIVE Issu:09-04-03
days Sig: TAKE TWO '1'a.BLETS BY MOUTH Refills: 1 Last:09-04-03
TWICE A DAY W/FOOD Expr:09-04 04
7) TERAZOSIN HCL 2MG CAP Qty: 90 for 90 ACTIVE Issu:03-10-03
days Sig: TAKE ONE CAPSULE BY MOUTH Refills: 3 Last:03-10-03
AT BEDTIME FOR ENLARGED PROSTATE Expr:03-10-04
SYMPTOMS
8. Review of Systems (what the patient reports - complete
each system; document if unremarkable):
Constitutional (weight loss, etc.)
Mental Status:
Head:
Neck:
Eyes:
Ears, Nose, Mout.h, Throat:
Respiratory:
Cardiovascular:
Hematology/Lymph:
Genitourinary/Renal:
Gastrointestinal:
Neurological:
Musculoskeletal:
Skin:
Allergies/immunizations:
9. Physical Examination ( comment on each):
pA71ENi NAME AND ADDRESS ( Mechanical imprinting, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Noteogress N{.Page 85 NOv12,2003
Mental Status (orientation, recent/remote memory, mood, affect)
Constitutional (vital signs, general appearance):
Head:
Neck (including airway):
Eyes:
Ears, Nose, Mouth, Throat:
Chest:
Heart:
Abdomen:
Genitalia/Rectal:
Lymphatic:
Musculoskeletal:
Skin:
Neurological:
Impression/Diagnoses (r/o, signs, symptotns)
Plan (management, complexity, and risk):
/es/ NANCY J MUNN, M.D.
CHIEF, PULMONARY SECTION
Signed: 09/17/2003 07:35
TITLE: NURSING-ACTIVITIES OF DAILY LIVING
DATE OF NOTE: SEP 17, 2003@05:09 EN'1'RY DATC: SEP 17, 20D3@OS:09:40
AUTHOR: FRAZIER-NEWTON,VIVIANEXP COSIGNER:
URGENCY: STATL'S: COMPLETED
MOBILITY ASSISTANCE
Transfers independently X_ yes _ no
Mechanical lifting device needed for transfer _ yes X no
Weight Rearing: X_ full _ partial none
Restrictions to activity: _X no yes
PATIENT NAME AND ADDRESS (Mechanical imprinting, if availabb)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402'.:0632E
VISTA Electronic Medical Documentation
Printed at HUNTING1'ON VAMC
P rog ress NotePage 86
Nov 12. 2.003
Other:
Assistive devices:uses: none X wheelchair cane x walker
needs: none X wheelchair cane x walker
ACTIVITY STATUS
X Ambulatory: _X_ unassisted _ with assistance
room ha11 off unit
ambulated (distance & tolerance):
X Bathroom privilegesBathroom privileges with assistance
tolerance:
Bedresta X turns self turn q2h: _ even
Red or broken areas noted: no _ yes
Team leader notified/aware of skin conditiori
EDUCATION PROVIDED no yes:
Comments/action taken:
Bath: self
Mouth care: _ self
Dressing; self
Grooming: self
Toileting: self
Adaptive devices needed/used:
assist completeassist complete
_x_ assist complete
_ assist complete
_x_ assist complete
Bowel Movement yes _x no
Incontinent stool yes X no
Number of BMs:
voiding yes _ no
Incontinent urine yes X no
Foley catheter yes X_ no
External device yes X_ no
EUD changed yes _ no
Education provided _ no _ yes:
Comment/action taken:
MEAL
TYPE
PATIENT NAME AND ADDRESS (Mechanical imprintlng, It availabfo)
SLNNOTT, JAMES
1525 TIiOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
other:
other:
odd hours
P rog ress NotePage 87
Nov 12, 2003
solid c1 liquid full liquid other:
X NPO
Percent entree consumed:
Percent tray corrsumed:
COMMENTS:
YES NO
X Bed exit alarm turned on
X _ Top side rails in up position
X Bottom side rails in up position
Bed in low position
_X_ Trapeze
Sniokin9 precautions:
private room
staff present when patient smokes
other:
Education provided: no yes:
CommP.nCs/Action taken:
/es/ VIVIAN FRAZIER-NEWTON, NA
nursing assistant
Signed: 09/18/2003 01:39
TITLE: NURSING-PLAN OF CARE/GENERAL
DATE OF NOTE: SEP 17, 20031@02:04 ENTRY DA'PE: SEP 17, 2003ca02:04:28
AUTHOR: DETROW,RHONDA L EXP COSIGNER:
URGENCY: STATUS: COMPLETED
MENTAL STATUS
no acute change acute change
_X_ alert confused forgetful
oriented: _X time _X_ place _ X_ person
comments/action takeneWNL
NP.UOLOGICAL
_X_ no acute change acute change
coinments/action taken:NO DEFICITS NOTED. PT IS AMBULATORY.
BEHAVIOR
no acute change acutc change
cooperative uncooperative anxious
PATIENT NAME AND ADDRESS ( Mechanical imprinting, if available)
SINNOTT, JAMES
1525 'I'HOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress Note Page 88 Novt2,2003
_ agitated _ combative
cornments/action Laken:PT IS PLEASANT WITH STAFF.
depressed
SPEECH
no acute change acute change
x clear - slurred aphasic inappropriate
comments/action taken:WNL
CARDIOVASCULAR
_ no acute change acute change
Cardiac rythms:
X not applicable_ NSR sinus tach sinus brady
A-fib A-fluLter PACs
PvCs PJCs heartblock
V-Cach V-fib
paced junctional
Peripheral pulses:+ BILATERALLY
Comments/action taken:N/A
MIJSCULOSKELETAL
no acute change acute change
moving all extremites WITHOUT llIFFICULTY.
chronic deficit
comments/action taken:PT IS AMBULATORY.
Si:IN
X no acute change
X warm
acute changehot cool
moist diaphoretic
^flushed ashen
jaundiced mottled
X_ dry
pale
cyanotic
edema
turgor X good fair poor
comments/action takenaOVERALL GOOD SKIN INTEGRITY.
RES P I RATORY
__X_ no acute change:
_ acute change;
comments/action taken
DISTRESS.
RESPIRATIONS ARE EVEN AND NONLABORED. NO SIGN OF ACUTE
GASTROINTESTINAL
_X_ no acute change acute change
Bowel sounds: _X_ present absent-
Abdomen: X soft firm
X nontender tender
Abdominal girth (if indicated):
comments/action taken:NO VOICED DISCOMFORTS.
PATIENT NAME AND ADDRESS (Mechanical Imprinting, 11 availablel
SINNOTT, JAMES
1525 'PIiOMAS ST
IRONTON, 01110 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress NotePage 89
Nov 12, 2003
_X_ yes _ nc
yes _x_ no
yes X no
X yes
PT
_ no-PER PT
pain/discomfort with urination: yes X no
comments/action taken:NO VOICED DISCOMPORTS.
-continent urine
foley catheter
external drainage
perineal skin intact
urine color:YELLOW=PER
GENITCURINARY
no acute change acute change
EDUCATION PROVIDED no X yes:PT INSTRUCTED ON NPO AFTER MIDNIGHT FOR
AM PROCEDURE. PT DENIES PAIN. BED IS IN LOW POSITION, SIDERAILS UP X2, CALL
LIGHT WITHIN REACH. NO SAFETY ISSUES AT PRESENT. PT REMAINS INJURY FREE. WILL
CONTINUE TO MONITOR.
/es/ Rhonda L. Detrow, RN
STAFF NURSE
Signed: 09/17/2003 02:24
DATE OF NOTE: SEP 16, 2003@14:10
AUTHOR: HENDRICKSON,LORI
URGENCY:
'r7.'1'LE: NURSING-ACTIVITIES OF DAILY LIVING
ENTRY DATE: SEP 16, 2003@14:10:49
EXP COSIGNER:
STATUS: COMPLETED
*** NURSING-ACTIVITIES OF DAILY LIVING Has ADDENDA *'*
MOBILITY ASSISTANCE
Transfers independently
Mechanical lifting device
Weight Bearing: _x_ fullRestrictions to activity:
Other:
x_ yes no
needed for transfer yes _x_ no
_ partial none
_x_ no yes
Assistive devices:uses: x none wheelchair cane walker other:
needs: x none wheelchair cane walker other:
ACTIVITY STATUS
_x_ Ambulatory: _x_ unassisted with assistance
room hall off unit
ambulated (distance & tolerance) :
_x Bathroom privileges
_ Bathroom privileges with assistance
PATIENT NAME AND ADDRESS ( Mechanical imprinting, If available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Q w' Q Page 90
Progre
ssN
ote Nov 12; 2003
tolerance:
Sedrest; x turns self turn q2h: even
Red or brokeri areas notede x no
Team leader notified/aware of skin condition
yes
odd hours
I;OUCA'CION PROVIDED x no yes:
Comments/action taken:compiete bed
Bath: x self
changed
assist complete
Mouth care: x self
Dressing: _x_ self
Grooming: x_ self
Toileting: _x__ self
assist complete
assist complete
assist complete
assist completc
Adaptive devices needed/used:
Bowel Movement yes _ no
Incontinent stool yes
Number of BMs:
Voiding yes
x_ no
no
Incontinent urine yes
Foley catheter _ yes
External device _ yes
EUD changed yes
x
_x_
_x
_x
no
no
no
no
F:ducation provided _x_ no _ yes:
Comment/action taken:
MEAL
breakfast x lunch supper snack
tube feeding
TYPE
x solid cl liquid full liquid other:
NPO
Percent entree consumed:100
Percent tray consumed:100
METHOD OF EATING
x self assist feed
COMMENTS:
YES NO
x Bed exit alarm turned on
x Top side rails in up position
PATI[NT NAME AND ADDF1E88 ( Mechanical iinprinling, If avaliable)
SINNOTT, JAMES
1525 'ffiOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress NotePage 91
Nov 12, 2003
x Bottom side rails in up position
x Bed in low position
x Trapeze
_x_ Smoking precautions:
_ private roomstaff present when patient sniokes
Other:
Education provided: _x_ no yes:
Comments/Action taken:Instruct.ed to call for any needed assistance.
/es/ Lori Hendrickson,LPN
Staff nurse
Sigried: 09/16/2003 14:13
09/16/2003 ADDENDUM:
MOBILITY ASSISTANCE
Transfers independently x yes no
Mechanical lifting device needed for transfer _ yes _x_ no
Weight Bearing: _x full _ partiai none
Restrictions to activity: _ x no yes
Other:
Assistive devices:uses: x none wheelchair cane walker other:
needs: x none wheelchair cane walker other:
ACTIVITY STATUS
x Ambulatory: x unassisted with assistance
_x room hal.l. off unft
ambulated {distance & tolerance) :
`x_ Bathroom privileges
__ 8athrooin privileges with assistance
tolerance:TOL WELL
Bedrest: _x_ turns self turn q2h: even _ odd hours
Red or broken areas noted: _r._ no ycs
Team leader notified/aware of skin condition
EDUCATION PROVIDED no yes:
Comments/action taken:
Bath: _ self assist _ complete
Motith care: self _ assist complete
PATIENT NAME AND ADDRESS (Mechanlcal Imprinling, if available)
SINNOTT, JAMES
7525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress NotePage 92
Nov 12, 2003
Dressing: _x_ self assi.st coinplete
Grooming: x self assist complete
4bileting: _x_ self assist complete
Adapti.ve devices needed/used:
Bowel Movement _ yes x___ no
Incontinent stool yes - no
Number of BMO:
voiding x yes _ no
Incontinent urine _ yes _x_ no
Foley catheter yes x no
External device yes x no
EUD changed _ yes _x no
Education provided _ no yes:
Comment/action taken:
MEAL
breakfast lunch x supper_ tube feeding
snack
TYPE
_x_ solid cl liquid f+.ill liquid other:
NPO
Percent entree consumed:
Percent tray consumed:90%
METHOD OF EATING
x self assist feed
COMMENTS;
YES NO
Bed exit alarm turned on
_ Top side rails in up position_x_ Bottom side rails in up position
Bed in low positionTrapeze
_x_ Stnolcing precautions:
_ private room
_ staff present when patient smokesOther:
Educ•ation provided: no yes:
Comments/Action taken:
PATIENT NAME AND ADDRESS ( Mechanical imprinting, if available)
SIMJO'I'T', JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Prinled at HUNTINGTON VAMC
Progress NotePage 93
Nov12.2003
/es/ PENELOPE P TAYLOR,LPN
Staff Nurse
igned: 09/16/2003 22:46S
1
TITLE: MEDICAL ATTENDING-INPATIENT
DATE OF NOTE: SEP 16, 20031n'12:47 ENTRY DATE: SEP 16, 2003@12:47c29
AUTHOR: ROSS,RHONDA S EXP COSIGNER:
URGENCY: STATUS: COMPLL'1'ED
VITAL S1GNS:
Blood Pressure: 142/78 (09/16/2003 02:41)Pulse 67 (09/16/2003 02:41)
Respiration . 20 (09/16/2003 02:4])
Temperature . 97.5 F[36.4 C] (09/16/2003 02:41)
Weight . 227 lb (103.2 kgl (09/15/2003 06:35)
Pain . 7 (09/16/2003 02:41)
5: Pt. doing well. No complaints.
GENERAL:AQ X 1, NAD
CARDIOVASCULAR:RRR w/o murmur, no ectopy
RESPIRATORY:CTA bilat., no wheezes, no rales, no ronchi
EXTREMITIES:no clubbing, no Cyanosis, no edema
09/16/2003 05:00Test name Result units
B12 (LAB) 283 pg/ml
FOLATE (LAB) 7,2 ng/ml
IRON 42 L UG/DL
Eval: %SAT-FE/(TRANSFERRIN*1.37) x 100
FERRITIN 189.4 ng/niL
09/16/2003 05:00Test name Result units
ESR (SF.D RATE) 25 H MM/HR
WBC 6.3 IC/cmm
AB NEUT 4.0 K/cmm
ABSOLUTE LYMPH COUNT 1.5 K/cmm
RBC 4.68 i, M/cmm
HGB 13.7 L g/dL
HCT 41.1 L
PLT 247 K/cmin
MCV 87.7 fl
MCH 29.3 uug
MCHC 33.4 G/DL
RDW 13.1MPV 8.8 fL
NEUTROPHIL ^ 62.8 $
LYMPH % 23.6
PATIENT NAME AND ADDflESS ( Mechanical imprinting, il avallable)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
Ref. range
179 - 1132
2.9 - 18-7
70 - 1'e0
50 350
Ref. range
0 - 10
5 - 10
1.9 - 8
1.5 - 4
4.7 - 6.1
14 - 18
42 - 52
140 - 440
80 - 94
27 - 35
31.5 - 36.5
11.5 - 14.5
7.2 - 11.1
40 - 74
19.6 - 52.7
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress Note Page 94 Nov 12, 2003
MONO % 9.5 % 3.4 - 10EOSINOPHIL % 3.8 % 0 - 7
BASOPHIi, t' 0.3 0- 1.5
RETICULOCYTE, #
ASSESSMENT:
39 K/cmm 15 - 50
RUL LUNG MASS WITH EXTENSION LUL
ANE3MIA/IRON DEF.
B12 DEFICIENCY
WT. LOSS
COPD
GERD
HX UGI BLEED 2NDARY MALLORY WRISS TEAR
BPH
PLAN:
PULMONARY PLANNING BRONCHOSCOPY TOMORR04l
CT HEAD,ABD./PELVIS PENDING
WHOLE BODY BONE SCAN PENDING
START FESO4
B12 LEVELS BORDERLINE LOW, WILL START B12 INJ. QD X 3 DAYS, THEN REC. MONTHLY
/es/ RHONDA S ROSS,MD
STAFF PHYSICIAN
Signed: 09/16/2003 12:52
TITLE: PULMONARY INPATIENT-PHYSICIAN
DATE OF NOTE: SEP 16, 2003@09:31 EN'1'RY DATE: SRP 16, 20030(19:31:]7
AUTIlORO
URGENCY:
GHANEM,AMMAR EXP COSIGNER:
STATUS: COMPLETED
slbjective:The patient is 64 yo
has been in the hospital for 2
lesion/mass . The patient has
complains.
IDu[.E who
days for the reason of right upper lobe
been doing the salne sinse yesterday without new
objective: temperature97.5 B[36.4 C] (09/16/2003 02:41) pulse67 (09/16/2003
02:41) respiration20 (09/16/2003 02:41)blood pressure142/'i8 (09/16/2003 02:41)heent:perrl, ent is norinal
neck:supple, no jvd, thyromegaly or bruits
chest:good airentry, no advetious breath sourids
heart:rrr, no murmurs or gallops
abdomen:soft.,nt,nd active bowel sounds
extremities:no oedema, pulse is palbable bilaterally
neurologic:nonfocal
muscul.oskeletal:normal, no skin rash
PATIENT NAME AND ADDRESS ( Mechanlcal Imptlnting, if available)
SINNOTT, JAMES
1525 'IIIOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress NotePage 95
Nov 12, 2003
impression:Right upper lobe mass witll risk factors of smoking and asbestos
exposure, malignancies is of a major concern. we plan to do brorstroscopy on the
patient tomorrow morrring. the procedure was explained to the patient with
benfits/ri.sks and alternatives. A consent was obtained.
/es/ AMMAR GHANEMPGY4
Signed: 09/16/2003 09:35
TITLE: NURSING-ACTIVITIES OF DAILY LIVING
DATE OF NOTE: SEP 16, 2003@09:07 ENTRY DATE: SEP 16, 2003@09:08:12
AUTHOR: BLATT,ANIANDA D EXP COSIGNER: LOCHER,CATHERINS J
URGENCY: STATUS: COMPLETED
MENTAL STATUSno acute change acute change
_x alert _ confused forgetful
orierited: x time x place x person
comments/action taken:
NEUOLOGICAL
_x_ no acute change _ acute change
commerrts/action taken:
BEHAVIOR
_x_ no acute change _ acute change
cooperative _ uncooperative anxious
agitated _ combative depressed
comments/action taken:
SPEECH
x_ no acute change acute change
x clear slurred aphasic inappropriate
coinments/action taken:
CARDIOVASCULAR
_x_ no acute change acute change
Cardiac rythms:
not applicableNSR sinus tach sinus brady
A-fib A-flutter PACs
PVCs PJCs heartblock
V-tacl'r V-fib
PATIENT NAME AND ADDRESS (Mechanical imprinting, if available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, ON10 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAU1C
Progress Note Page 96 Nov 12, 2003
paced junctional
Peripheral pulses:
Comments/action taken:
MUSCULOSKELETAL
no acute change
moving all extremites
chronic deficit
comments/action taken:
SKIN
x no acute change
x_ warm
x_ dry
_ pale
cyanotic
edema
acute change
acute change
hot
moist
flushed_ jaundiced _
turgor: __ good fair
comment.s/act:ion takena
RESPIRA?ORY
__x_ no acute change:
acute change:
comments/action taken:
(iASTROINTES'I'INAL
no acute change acute change
Bowel sounds: _x_ present _ absent
Abdomen: soft firm
x nontender terrder
Abdominal girth (if indicated):
commentsiaction taken:
GENlT'OURINARY
_x_ no acute change acute change
continent urine x yes _ no
foley catheter yes x no
external drainage ^ yes ^x_ no
perineal skin intact
urine color:
_x_ yes _ no
cool
diaphoretic
ashen
mottled
pain/discomfort with urination: yes x no
comments/actiorr taken:
EDUCATION PROVIDED _x_ no - yes:
/es/ Amanda B1aCt, MUSN4
Marshall University Nursinq Stttdent
PATIENT NAME AND ADORESS ( Mechanical imprinting, if available)
SINNOT'r, JAMES
1525 THOMAS ST
IRONTON, ORTO 45638-1176
402506326
/es/ CATHERINE J. LOCHER, RN, MSN
Patient Care Coordinator
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress NotePage 97
Nov 12, 2003
Signed: 09/16/2003 09:10 Cosigned: 09/17/2003 09:02
TITLE: NURSING-ACTIVITIES OF DAILY LIVING
DATE OF NOTE; SEP 16, 2003@04:15 ENTRY DATE: SEP 16, 2003@04:16;02
AUTHOR; MCCORMICK,THOMAS H EXP COSIGNER:
URGENCY: STATUS: COMPLETED
*** NURSING-ACTIVITIES OF DAILY LIVING Has ADDENDA ***
MOBILITY ASSISTANCE
Trarisfers indeperidently _x_ yes _ no
Mechanical lifting device needed for transfer - yes _x_ no
Weight Bearing: _x_ full _ partiztl none
Restrictions to activity: _x_ no yes
Other:
Assi.stive devices:
x uses: x none wheelchair cane walker other:
needs: none wheelchair cane walker other:
ACTIVITY STATUS
_x_ Ambulatory: x^ unassisted _ with assistance
room hall off unit
ambulated (distance & tolerance):
_x Bathroom privileges
__ Bathroom privileges with assistance
tolerance:
Bedrest: x turns self - turn q2h: even odd hours
Red or broken areas noted: x no yes
x Team leader notified/aware of skin condition
EDUCATION PROVIDP•.D no _ yes:
Comments/action taken:Bath: - self assist complete
Mouth care: x self assist complete
Dressing: _x self _ assist complete
Grooming: self assist complete
Toileting: _x_ self assist complete
Adaptive devices needed/irsed:
Bowel Movement ye5 no
Incontinent stool yes x no
PATIENT NAME AND ADDRESS (Mechanical imprinting, if available)
SINNOTT, JAMES
1525 THOMAS ST
iRON'i'ON, OHIO 45638-1176
402s06326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
P rog ress NotePage98
Nov 12, 2003
Number of BMS:
Voiding
Incontinent urine
Foley catheter
External device
EUD changed
Education provided
Cominent/action taken:
YES NO
Bed exit alarm turned on
x Top side rails in up positionx Bottom side rails in up position
Bed in low position
_x_ Trapezex Smoking precautions:
private roomflame retardant pajamas
flame retardant bed linenstaff present when patient smokes
Other:
Education provided: _x_ no yes:
Comments/Action taken:
/es/ THOMAS H. MCCORMICK, NA3
NURSING ASSISTANT
Signed: 09/16/2003 04:17
x__ yes no
yes x 110
yes x no
yes _x__ no
yes _ no
yes:x no
09/16/2003 ADDENDUM:
MEAL
_x_ breakfast lunch supper
tube feeding
TYPE
sol:d
x NPO
cl liquid - full liquid
Percent entree consumed:
Percent tray consumed:
METHOD OP EATING
self assist feed
arailable)PATIENT NAME AND ADDRESS (Mechanical imprinting, if
SiNNOTT, JAMES
L525 THOMAS ST
IRONTON, OHIO 45638-1176
4025D6326
snack
other:
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress NotePage 99
Nov 12, 2003
COMMliN'A'S :
/es/ THOMAS H. MCCORMICK, NA3
NURSING ASSISTANT
Signed: 09/16/2003 04:18
TITLE: MEDICAL AT'PENDING-INPATIENT
DATE OF NOTE: SEP 15, 2003@13:23 ENTRY DATE: SEP 15, 2003@13:23:51
A[iTHOR: ROSS,RHONDA S EXP COSIGNER:
(IRGENCY: STATUS: COMPLETED
VITAL SIGNS:
Blood Pressure: 133/74 (09/15/2003 09:00)
Pulse . 77 (09/15/2003 09:00)
Respiration . 20 (09/15/2003 09:00)
TemperatUre . 97.7 F(36.5 Cl (09/15/2003 09:00)
Weight . 227 lb (103.2 kg] (09/15/2003 06:35)
Pain . 6 (09/15/2003 09:00)
S:64yo admitted after found abnormal CXR, CT done which showed RUL lung mass.
Resident's notes reviewed and concur. Pulmonary note reviewed.
Pt. states pain started back 5/03 in shoulder areas "muscles" and occ. feels
like in joints. Has decreased grip strength and pain with abduction of arms
bilat., no hempotysis, no change appetite, 10 lb. wt. loss x I month. Pt.
worked as industrial millwrite where he was exposed to asbestos and other
chemicals he does not know names of, then worked as electrician last 28
years, retired 1997.
PMH: GERD, CHRONIC LOW BACK PAIN, BPH, SUNUSITIS, ANGINA, CATARACT RIGHT EYE,
DRY EYE SYNDOME, COPD, MALLOWRY WEISS TEAR 1/03, UGI BLEED 1/03, HX HERPES
ZOSTER, QUIT SMOKING APPROX. 8 YEARS AGO(45 YEAR HISTORY)
EXAMINATION
GENERAL:AO X 3, NAD
HEENT:wnl
NECK:supple, no JVD, no Lyntphadenopathy
CARDIOVASCULAR:RRR w/o murmur, no ec:topy
RESPIRATORY:CTA bilaL., no wheezes, no rales, no ronchi
GASTROINTESTINAL: abd. soft, NT, +BS, no masses, no organomegaly
MUSCULOSKELETAL:4/5 MS in UE & LE, ntildly decreased grip strength bilat.,
pain with abduction to 90 degrees bilat.
SKIN:wnl
NEUROLOGICAL:CN II-XII grossly intact
EXTREMITIES:no clubbing, no cyanosis, no edema
09/15/2003 05:00Test name Result units Ref. range
UREA NITROGEN 12 MG/DL 8- 22
PATIENT NAME AND ADnFESS (Mechanical imprinting, i1 available) VISTA Electronic Medical DocumentatioriSINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176 Printed at HUNTINGTON VAMC402506326
Progress NotePage 100
Nov 12, 2003
SODIUM 137 MMOL/L 135 - 145
POTASSIUM 3.9 MEQ/L 3.5 - 5CHLORIDE 104 MMOL/L 98 - 110
CO2 27.9 MMOL./i, 23 - 32
CREATININE 0.8 MG/DL .5 - 1.3
GLUCOSE 92 MG/DL 70 - 110
CALCIUM 8.9 MG/DL 8.4 - 10.7
09/15/2003 05:00Test nanic Result units Ref. range
WBC 5.8 K/cmm 5 - 10
AB NEUT 3.0 K/cmm 1.9 - 8ABSOLUTE LYMPH COUNT 1.8 K/cmm 1.5 - 4RBC 4.47 L M/cmm 4.7 - 6.1
HGB 13.2 L g/dL 14 - 18
BCT 39.2 L % 42 - 52
PLT 249 K/cnim 140 - 440
MCV 87.4 fl 80 - 94
MCH 29.4 uuq 27 - 3S
MCHC 33.6 G/DL 31.5 - 36.5
RDW 13.1 11.5 - 14.5
MPV 9.2 fL 7.2 - 11.1
NEUTROPHIL °a 51.9 % 40 - 74
LYMPH °s 31.3 19.6 - 52.7
MONO % 11.7 H °a 3.4 - 10
EOSTNOPHIL % 4.5 % 0 - 7BASOPHIL % 0.6 % 0 - 1 . 5
07/21/2003 10:33Test name Result units Ref. rangePSA 2.59 NG/ML 0 - 4
ASSESSMENT:
RUL LUNG MASS WITH EXTENSION LUL
ANEMIA
WT. L08S
COPD
GERD
HX IJGI BLEED 2NDARY MALLORY WEISS TEAR
BPH
PLAN:
PULMONARY PLANNING BRONCHOSCOPY
SCHED. CT HEAD,ABD./PELVIS
SCHED. WHOLE BODY BONE SCAN
IRON STUDIES, B12, FOLATE
CONT. CURRENT
/es/ RHONDA S ROSS,MD
PATIENT NAME AND ADDRESS (Mechanlcal imprinling, il available)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402;06326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
P rog ress Note Page 101 Nov 12, 2003
STAFF PHYSICIAN
Signed: 09/15/2003 13:37
TITLE: INTEGRATED TEAM ROUNDS-MEDICINE
DATE OF NOTE: SEP 15, 2003811:30 ENTRY DATE: SEP 15, 2003N11:30:39
AUTHOR: MCKEE,PAULA S EXP COSIGNER:
URGENCY: STATUS: COMPLETED
An interdisciplinary meeting mas held this morning in the 4 South
conference room. Services represented include: Rehabilitation, Social Services,
Chaplain, Case Management, Quality Management. The patient is a 64 year old
PiALE admitted Sep 14,2003 with diagnosis of. RUL mass.
PAST MEDICAL HISTORY:
Hx of Mallory Weiss Tear, s/p upper GI Bleed secondary to #1,
stable angina, BPI1, postherpetic neuralgia, GERD, and
chronic low back pain
PRIORITIES OF CARE/MEDICAL ISSUES:
1. RUL Mass:
Consult pulmonary in am for evaluation and possible biopsy of
lung mass. Will follow their suggcstions and recommendations.
2. GERD:
Continue rabeprazole.
3. BPH:
Cont terazosin.
NURSING ISSUES:
Impaired Gas Exchange
Alteration in Tissue Perfusion
Knowledge Deficit
Morse score of 35
PAIN ISSUES:
Pain control is currently not an issue.
EDUCATION:
Prefers written handouts for educational method. Has a high school
education. Unreceptive to education on admission.
N[JTRITIONAL ISSUES:
Height: 73" Weight: 227# BMI: 30
REHAB ISSUF.S:
No issues identified.
SOCIAL SERVICG ISSUES:
PATIEMr NAME AND AOONESS ( Mechanical imprinting, il availaLle)
SINNOTT, JAMES
1525 THOMAS ST
IRONTON, OHIO 45638-1176
402Snfi.326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Progress Note Page 102 Nov 12, 2003
The patient does not have, or want, an advance directive.
PHARMACY ISSUES:
Allergi_es/Adverse Reactions: FLOXIN
WOUND AND SKIN CARE ISSUES:
Braden Score is 22
SPIRITUAL ISSUES:
No Firr_ference specified.
DISCHARGE PLAN/NEEDS:
Plan to return to home at discharge.
/es/ Paula S. McKee RN, BSN, CNA, B
QM Coordinator
Signed: 09/15/2003 11:35
Receipt Acknowledged Byc
09/17/2003 08:50
09/16/2003 15:53
09/15/2003 12:48
09/17/2003 08:01
09/16/2003 15:32
* AWAITING SIGNATURE *
/es/ SHARON K LEWIS
ACSW,SOCIAL WORKER
/es/ MICHELE J. MICHAEL, MSW
SOCIAL WORKER
/es/ OSCAR H ROSE
CHAPLAIN
/eS/ TERRY J GEE
PHYSICAL THERAPIST
/es/ Sarah McWhorter, RN, BSN, CMC
CARE MANAGER
MCCOY,STEPHANIE H
TITLE: CHAPLAIN
DATE OF NO'1'E: SEP 15, 2003Q910:50 ENTRY DATE: SEP 15, 2003@11:16:27
AUTIIOR: CREASY,GREGORY K EXP COSIGNER:
URGENCY: STATUS: COMPLETED
REASON FOR VISIT
New Admission/Initital Assessment
ASSESSMENT
Patient's religious preference is Protestant, No denomination.
Alert/responsive
Comments: Good visit with pt. Addressed some spiritnal issues related to pts.
illness. Offered spiritual and emotional support. Prayer per pt. request.
Pt. has experienced multiply difficulties in his life over the
PATIENT NAME AND ADDFESS ( Mechanical imprinting, if available)
SINNOTT, JAMES
1525 THONtAS S'1'
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medica! Documentation
Printed at HUNTINGTON VAMC
P rog ress NotePage 103
Nov 12, 2003
past few year. Offered encouragment to him personaJ.ly.
PLAN OF CARE
New Admission
1. Provide prayer, spiritual supporC and emotional encouragement
2. Accessible for family counseling
3. Accessible for Holy Communion
4. Provide religious literature upon request
5. See patient as needed or on regular patient rounds
INTERVENTION
Pray, Counsel, Religious literature
Coinments: I offered the pt. the ministry of presence and providedcompassion, love and care. Pray offered on behalf of pt.
/es/ GREGORY K CREASY
Staff Chaplain
Signed: 09/15/2003 11:18
TITLE: PULMONARY CONSULT
DATE OF NOTE: SEP 15, 2003'a'10:31 ENTRY DATE: SEP 15, 2003@10:32:08
AUTHOR: GHANEM,AMMAR EXP COSIGNER: MUNN,NANCY J
URGENCY: STATUS; COMPLETED
•*x PULMONARY CONSULT Has ADDENDA ***
referring physician:nr. Ross
reason for the consult:RUL mass
HPI:
The patient is 64 white man with a past medical h/o smoking/?copd in r.he past
and significant asbestos exposure who got admitted to the hospital with RUL
mass. the story of recent complains starCed ori the spring of this year witti some
abdominal symptoms of distention and gas that resolved with medication but later
on the patient started to have aching and pairt started on the shoulder area and
spread to involve the whole body bilaterally. This pain prevented sleep anci has
been difficult to control and the pt. now is trsing salisylate and amitriptyllin
Eor pain control.there is acomplain of fatigue because of lack of sleep. Tte also
complained of dry eyes but no bluury or change in vision. the aching is also
associated with some occipital h/a in the last 2 weeks.No joint swelling or
inflammation and no skin rash. no mouth or genital ulcers. No respira_ory
symptoms of sob or c/p. some little dry cough and apatite is good but the
patiertt has recently loosing some weight.
pL states that he had a chest xray and ct performed earlier this week as part of
screeening for asbestos and after Dr. Joseph in the er learned of the results
she called him and told him to conie to Lhe er.with this information
PA}'tENT NAME AND ADDRESS (Mechanical imprinting, il available)
SINNOTT, JAMES
1525 TnON.nS ST
IRONTON, O:IIO 4 5 63 8-1176
402506326
VISTA Electronic Medical Documentation
Prfnted at HUNTINGTON VAMC
Progress Note Page104
Nov 12, 2003
anc3 CT was ordered and performed. It showed a large rt upper lobe mass w/
extension to left upper lobe. Biopsy was suggested and we were consulted for
that reason.
PMHX:PAST MEDICAL HISTORY:
1.COPD: No PFT and the patiertt currently is exsmoker quit 8 years ago. ttte
pateitnhas significant asbestos exposure in the past when works in a fctory for
35-36 years and has been screened multiple times in the past which was neqative.
2. Hx of Mallory Weiss Tear S/P Upper C,I Blee<i secondary to q1
3. Stable angina
4. BPH
5. Postherpetic neuralgia
6. GERD
7. Chronic low back pain
Social History:exsmoker 60 pack year of smoking/ h/o asbestos exposure.
FAMILY HISTORY:
Coronary artery disease history - His dad had
heart attack at 65 to 68. No history of diabetes. His inother also has
some heart problem.
ALLERGIES:
FLOXIN
MEDICATIONS:
Active Outpatient Medications (including Supplies):
ssue ate
Status 6ast Fill
Active Outpatient Medications Refills Expiration-------------------------------
AMITRIPTYLINE HCL 10MG 'I'AB Qty: 150 for ACTIVE Issu:09-04-03
30 days Sig: TAKE ONE TABLET BY MOUTH Refills: 1 Last:09-04-03
AT BEDTIME FOR 1 DAY, THEN 'l'AKE 'CVJO Expr:09-04-04
TABLETS AT BEDTIME FOR 1 DAY, THEN
TAKE THREE TABLETS AT BEDTIME FOR 1.
DAY, THEN TAKE FOUR TABLETS AT BEDTIME
FOR 1 DAY, THEN TAKE FIVE TABLETS AT
BEDTIME FOR 1 DAY INCREASE DOSE UP 'f'O
50 MG GRADUALLY; STOP AT DOSE WHICH
GIVES REST UP TO 50 MG AT HS
CAPSAICIN 0.025^ CR (2OZ/TU) Qty: 60 ACTIVE Issu:12-06-02
for 30 days Sig: APPLY SMALL AMOUNT Refills: 2 Last:08-25-03
EVERY 12 lIOURS AS NEEDED Expr:12-07-03
hEXOFENADINE HCL 180MG TAB Qty: 30 for ACTIVE Issu:04-07-03
30 days Sig: TAKE ONE TABLET BY MOUTH Refills: 11 Last:04-07-03
PATIENT NAME AND ADDRESS (Mechanical Imprlnting, il available)
SINNOTT, JAMES
152S THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
I D
TAB 8
!^J
N THE COURT OF COMMON PLEASCUYAHOGA COUNTY, OHIO
JAMES SINNOTT, et al. ) CASE NO: 04 CV 521874
Plaintiffs ) JUI)GE: ASBESTOS DOCKET
VS. )
NOTICE OF FILINGA-BEST PRODUCTS INC., et al. ) OF SUPPLEMENTAL MEDICAL
) REPORTS AND RECORDSDefendants
Now come Plaintiffs, by and through counsel, and herein notice the filing of the
Supplemental Report of Dr. Robert Altnteyer M.D., Pulmonary Medicine and additional
medical records from Dr. Nancy Munn, Pulmonary Medicine at the Veteran's
Administration Hospital in Huntington, West Virginia for use in the within matter and
identify said physicians as witnesses for Plaintiffs. Further, Plaintiffs notice their intent
to use said reports and records in the trial of the within matter.
Respectfully submitted,
_/s/ Carolyn Kaye RankeCAROLYN KAYE ILANKE (0043735)Brent Coon & Associates1220 West Sixth Street 303Cleveland, Ohio 44113Telephone: (216) 241-1872Facsiinile: (216) 575-7664E-Mail: [email protected]
ATTORNEY FOR PLAIN'1'IFl'S
CERTIFICATE OF SERVICE
I certify that a true copy of the forgoing Notice of Plaintiffs' Filing of
Supplemental Reports was served on Cuyahoga County's F.lectronic File and Serve
System, this 21" day of July, 2005 and deemed served on all parties of record.
/s/Carolyn Kaye RankeCAROLYN KAYE RANKE
Robert B. Altmeyer, M.D.PIILMONI.PY MEBICINE
olvLVrnnm. wrnERlcnn ao4ao ov In,[wNnt MFOIU^+[
p!t".Omci? 4mER,.^.<n BYnNn Or INT[RNnL Mco,CiuE In Pu,.M(,nnwv I:^EEASEfi
f,lw^^rirnp ncn,i,u uv il.[ NFr,Jnwt INei^^VTE 11 0^:^^^^NnTInNw^ S.rEi-r nN] MEnL,
1131 N/.r^[^Nn1. HO.p
Wn[[unq WV 2GI103
t30Il1 2n:lwnn
July 5, 2005
Carolyn Kaye RankeBrent Coon and Associates1220 West 6"' Street, Suite 303Cleveland, OH 44113
RE: SINNOTT, JAMESDOB: 04/10/39SS#: 402-50-6326
Dear Ms. Ranke:
As requested by your letter to me of June 22, 2005, which I reviewed in itsentirety, I reviewed various medical documents and other documents regardingJames Sinnott. I will review these documents in the order that I received themand then answer the questions specifically posed by your letter to me. All of myopinions in this report are given within a reasonabfe degree of medical certainty.If you have any questions regarding this report, please call me in my office at(304) 243-1446.
Document 1: Your letter of June 22, 2005 indicates that Mr. Sinnott worked as amillwright in the maintenar ce department at Dayton Malleable Foundry from1959 until the mid 1970's. After that period, your letter ir dicated that he wastransferred irdo ti, e electrlcal deparlilent at DaytVll IVlaileable wliele i-le worked
until his retirement in 1997. He further indicated that, "During the entire period ofhis employment, Mr. Sinnott was exposed to numerous asbestos containingproducts in and around the iron foundry which is the basis of his law suit." Yourletter also indicated, "I had examined this man on August 23, 2003, made adiagnosis of asbestosis, found a mass in his right lung, and advised that he havefollow up by his personal physician, which he apparently did, which lead to adiagnosis of lung cancer shortly thereafter by his physicians at the HuntingtonVeteran's Administration Hospital.
Carolyn Kaye RankeBrent Coon and AssociatesRE: SINNOTT, JAMESPage 2
Document 2: A report, which I authored entitled, "Asbestos Medical Evaluation,"from my examination of this individual on 8/23/03. I examined this man inKenova, West Virginia on 8/23/03 at the request of Respiratory Testing Services,Inc. I recount that his occupational exposure, as outlined on Page 1 of my report.He worked directly with asbestos insulation, pipe covering, transite, cloth, gloves,gaskets, valve packing, and fire brick. The report indicates that from 1950 until1994 he smoked 1 1/2 packs of cigarettes a day. He complained of a chronicproductive cough, chronic shortness of breath with exertion, and wheezingoccasionally in the mornings, but no chest pain or hemoptysis. He had a historyof myocardial infarction, esophageal junction tear, multiple episodes ofpneumonia as a child, and a history of nasal allergies. He had no history of anyconnective tissue diseases. On ptiysical examination of the chest, I noted thatthere were fine crackles in the axillary areas which persisted after repetitive deepbreathing. The forced expiratory time was normal. There were no wheezes andno rhonchi. There was no peripheral edema, cyanosis, or clubbing. A pulmonaryfunction study from that examination revealed mild restriction, no obstruction, anda mild reduction in the specific diffusing capacity at 77% of predicted. Iinterpreted a chest x-ray, at that time, as a NIOSH certified B reader, as showingcategory s/t, 1/1 in both mid and lower lung zones by the ILO InternationalClassification of Radiographs of Pneumoconioses. There was a right upper lobedensity adjacent to the superior mediastinum. I had noted that this could be anoverlapping shadow or scarring, but I could not rule out a mass in that area. Forthat reason, I verbally and in writing, advised this man to see his personalphysician within the next two weeks for follow up. He was also given writtennotification to take to his own physician. I made a diagnosis, with a reasonabledegree of medical certainty, according to my report, of asbestosis. I made thatdiagnosis on the basis of interstitial changes radiographically consistent withasbestosis, persistent crackles on auscultation of the chest, a significantexposure to asbestos in the vvork place with an appropriate latency period, areduction in the specific diffusing capacity, part of which was due to asbestosisand part of which was due to prior tobacco smoking. I reviewed my B readingreport form as well as the pulmonary function studies from that examination.
Document 3: Records from the Huntington VAMC. A chest x-ray from thatfacility of September 17, 2003 indicated no evidence of pneumothorax. Thepatient was post bronchoscopy. A CT scan of the head was normal. A CT scanof the abdomen showed no discrete masses in the liver, tiny bi-basilar pleuraleffusions with associated atelectasis left greater than the right were noted by the
Carolyn Kaye RankeBrent Coon and AssociatesRE: SINNOTT, JAMESPage 3
interpreting staff radiologist. A bone scan showed no evidence of metastaticdisease. The CT scan of the thorax showed, "Evidence of a large probablyneoplastic mass lying anteriorly and medially in the right upper lobe, which ispleural based, which has minimal linear extension into the anterolateral portionsof the right upper lobe." It also showed, "Small pulmonary nodule, which isprobably also pleural based, lying anteriorly in the right upper lobe." Abronchoscopic biopsy of the right upper lobe showed, " Non-small cellcarcinoma." A discharge summary from that institution signed 9/18/03 indicated,"Bronchoscopy results positive for non-small cell carcinoma, non-small cell lungcancer." A consultation report indicated that, "PET scan suspicious formetastatic disease to right peritracheal and tracheal space." A November 12,2003 Huntington VAMC Spirometry Report showed that there was a normalFEV1 /FVC ratio. Interpretation from that institution was, "Very mild restriction, noobstruction, no postbronchodilator response, normal diffusing capacity." I wouldnote, however, that the single breath carbon monoxide diffusing capacity isrecorded as being 26.40 with a predicted value of 37.89. The recorded percentpredicted is 69.8, which would be in the mild reduction category. So, in thatregard, I disagree with the "normal" diffusing capacity interpretation. Almost all
authorities agree that a diffusing capacity less than 80% of predicted is abnormal.
The total lung capacity was 76% of predicted, which was mildly reduced,indicating a mild restrictive ventilatory impairment. A past medical history fromthat institution from a pulmonary consultation stated, "Ex-smoker quit eight yearsago." That means that he would have quit smoking cigarettes in 1995, which isroughly consistent with this man's testimony.
Document 4: A report by Nancy Munn, M.D., Chief Pulmonary Section,Huntington VAMC, signed on 9/15/03 indicated, "Right upper lobe lung mass withhistory of smoking and asbestos exposure make the patient high risk for lungCanCer." There was r,o doubt that she made a correct assessment in that regard.
Based on my review of the above records, it is my opinion that this man'stobacco smoking and asbestos exposure were major contributing causes for thedevelopment of his lung cancer, Which is documented in these records. Thebronchoscopic biopsy revealed the presence of a non-small cell carcinoma.Non-small cell carcinomas of the lung are known to be caused by both tobaccosmoking and asbestos exposure. Asbestos exposure, with or without asbestosis,is a known primary pulmonary carcinogen and there is ample scientific medicalliterature to support this generally agreed upon opinion.
Carolyn Kaye RankeBrent Coon and AssociatesRE: SINNOTT, JAMESPage 4
Individuals who have had a significant exposure to asbestos with an appropriatelatency period have up to five times the risk of devetoping lung cancer comparedto the never-having been exposed to asbestos population of individuals.Individuals who are long-term tobacco smokers, and particularly those who havesmoked within the past 13 - 15 years, have an increased risk for developing lungcancer up to approximately 20 times the risk of individuals who have neversmoked. Unfortunately, iridividuals who have had a significant exposure toasbestos with an appropriate latency period and have had a significant smokinghistory, have approximately 80 - 100 times the risk of developing lung cancercompared to the population of individuals who have never smoked tobacco andwho have never been exposed to asbestos. This is the well known anduniversally accepted synergistic or multiplier effect that exists between asbestosexposure and tobacco smoking. Therefore, it is my opinion that both this man'stobacco smoking history and his asbestos exposure/asbestosis were bothsignificant contributing causes for the development of his lung cancer.
If you have any questions regarding this report, please contact me. Thank you.
Sincerely,
Robert B.-Altmeyer, M.D'
RBA/jrd
DEPARTMENT OFVETERANS AFFAIRS
VA Medical Center1540Spring Valley DriveHuntington, WV 25704
DATE: 11/1212003In Reply Refer To:
JAMES T SINNOTT1525 THOMAS STIRONTON, OHIO 45638-1 1 76
RE: ROI Request for JAMES SINNOTT
Dear MR SINNOTT:
The information you have requested is enclosed.
Sincerely,
Kathy HartChici, Health Information Management Section
Consult RequestPage42
Nov'2,2003
Note: TIME ZONE is local if riot iudicated
Significant Find.ings: Unknnwn------------ .,_------------------------------------- _
No local TTU results or Medicine results available for t.hi.s consult
--------------
END = . . - ..-._-
Current PC Provider: BOWMAN,SARA C
Currerrt PC Team: BLUE TEAM D
Current Pat. Status: Outpatient
Primary Eligi.b.ility: NSC
Order Information
To SerVice: PULMONARY
From Service: 5 S-M
Requesting Provider: AKSRS,MARK JASON
Service is to bc rendered on an INPATIENT basis
Place: Bedside
Urgency: Routine
Orderable item: PULMONARY
CorisulL: Consult Request.
Provisional Diagnosis: RUL mass
Reason For Request:
For assessment and recommendations
(No orders, please)
For asscssment, reconimendations and management(orders as necessary)
64 y/o w m pt with pmh of gerd, s/p mallory weiss tear, chronic low
back pain and BPH presents to VAMC er today after being told to return
by er physician. pt states that he had a chest r.t performed earlier
this week and after Dr. Joseph in the er learned cif Lhe results she
called him and told him to come to the er. this all began a couple of
weeks ago when pt was being screened for asbestosis with a cxr and
pfts. cxr at that time showed a RUL mass and follow-up CT scan was
suggested. pt presented to er with this information to Dr. Joseph and
CT was ordered and performed. It showed a large rt upper lobe mass w/
ext--sion to left upper iobe. uiopsy was suggesced. uec of t.hese
findings and the fact that pt has been complaining ot upper chest pain,
Dr. Joseph called him and told him to come to er and be admitted so he
wouldn't get "lost."
Tnter-facilit.y Informatiorr
This is not an inter-facility consult regiiest.
PATIENT NAME AND ADDRESS (Mechanical imprinting, iF avaifabin)
SINNO'1P, JAMES
1525 THOMAS STIRON'1'UN, OHIO 45638-].!76
402506}26
VISTA Electronic Medical Documentation
Printed at IiUNTINGTON VAMC
Consult RequestPage 43
Nov12,2003
Status:
La3C Action:
COMPLETE
ADDENDUM ADDED '1'O
Facility
Activity Dat.e/'1'ime/Zone sdesponsible Person F.otered by
--------------- ----------- ----------- ------------------
CPRS RELEASED ORDER 09/14/03 22:03 AKERS,MARK JASON AKERS,MARK ^ASON
PRINTED TO PUL2_S 09/14/03 2203RF.CRIVED 09%15/03 10:19 WILLIAMS,PETE WILLIAMS, PETE
INCOMPLETE RPT 09/15/03 10:56 CHANEM,AMhLAR GHANEM,AMMAR
Note# 4094838
COMPLETE/UPDATE 09/15/03 15:50 GHANEM,AMMAR MUNN,NANCY J
Note# 4094838
ADDENDUM ADDED TO 00/15/0:3 1h:4-1 GHANEM,/'.MMAR MUNN,NANCY J
Note)i 4094838
Note: TIME ZONE is local if not indicated
TITLE: PULMONARY CONSUL'f
DATP OP NOTE: SEP 15, 2003oa10:31 ENTRY DATE: SEP 15, 20031,P10:32:08
AUTHOR: GHANEM,AMMAR EXP COSIGNER: MUNN,NANCY J
URGENCY: STATUS: COMPI.ETED
**•' PULMONARY CONSULT Has ADDENDA **4
referring physician:Dr. Ross
reason for the consult:RUL mass
HPI:
The patient is 64 white man with a past medica7 h/o smoking/?copd in t.he past
and significant asbestos exposure who got admitted to t.he hospital. with RU6
mass. the story of recent complains started on the spring oc this year wit,h some
abdominal symptoms of distention and gas t.hat resolved with medication but later
on the patient started to have aciiing and pain started on the shoulder area and
spread to involve the whole body bilar.erally. '2his pain prevented sleep and has
been difficult to control and the pt. now is using salisylate and amitriptyllin
for pain control.there is acc»nplain of fatigue because of lack of sleep. He also
complained of dry eyes but no bluury or change in vision. the aching is also
associated wi.th some occipital h/a in the last 2 weeks.No joint swelling or
in'_;am:^.atio:: a.... ..,, skin raaL. no muutif or genital ulcers. No respiratory
symptoms of sob or c/p. some little dry couah and apatite is good but the
patient has recently loosing some weight.
pt states that he had a chest xray and r.t performed earlier this week as part of
screeening for asbestos and after Dr. Joseph in the er. 7.earned of the results
she called him and cold him to come cc the er.with this information
PATIENT NAME AND ADDRESS ( Mechanical imprinting, if availabla)
SINNOTT, JAMES
]S2S THOMAS ST
IRONTON, OHIO 45638-1176
402706326
VISTA Electronic Medical Docwnentation
Printed at HUNTINGTON VAMC
Consult Request Page 44 Nov12,2003
and CT was ordered and performed. It showed a large rt upper lobe mass 4
extension to left upper lobe. Biopsy was suggested and we were consulted `or
Chat reason.
PMHX:f'AST MEDICAL HISTORY:
1.COPD: No PFT and the patient currently is exsmoker quit 8 years ago. [he
pate.itnhas siqnificant asbestos exposure in the past when works in a fctoiy tor
35-16 years and has been screened multiple tinies in the Dast which was negative.
2. Hx of Mallory Weiss 'Pear S/P Upper Gl Bleed secondary to q1
3. Stable angina
4. BPH
5. Postherpetic neuralgia
6. GERD
7. Chronic low back pain
Social History:exsmoker 60 pack year of smoking/ h/o asbestos exposure.
FAMILY HISTORY:
Coronary artery disease history - His dad had
heart attack at 65 to 68. No hi.story of diabetes. His mother also has
some heart pr.oblem.
ALLERGIES:
FLOXIN
MEDICATIONS:
Active Outpatient Medications (including Supplies):
ssue ate
Status Last Fill
Active Outpatient Medications Refills Expiration-----------------------------------
]j AMITI2IPTYLINE HCL lOMG TAB Qty: 150 for ACTIVE Issu:09-04-03
30 days Sig: TAKE ONE TABLET BY MOUTH Refills: 1 LaSt:09-04-03
AT BEDTIME FOR 1 DAY, THEN TAKR TWO Expr:09-04-04
TABLETS AT BEDTIME FOR 1 DAY, THEN
TAKE THREE TABLETS AT BEDTIME FOR 1
DAY, THEN 'fAKE FOUR TABLETS A'1' BEDTIME
FOR 1 DAY, THEN TAKE FIVE TABLETS AT
BEDTIME FOR I DAY INCREASE DOSE UP TO
50 MG GRADUALLY; STOP AT Dw.. WHICH
GIVES REST UP TO 50 MG AT HS
2) CAPSAICIN 0.0255 CR (2OZ/TU) Qty: 60 ACTIVR lssu:l2-06-02
for 30 days Sig: APPLY SMALL AMOUNT Refills: 2 Last:08-25-03
EVERY 12 HOURS AS NEEDED Gxpr:12-07-03
3) FEXOFENADINE NCL 180MG TAB Qty: 30 for ACTI9E Issu:04-07-03
30 days Sig: TAKE ONE TABLET BY MOUTH Refills: 11 Last:04-O7-03
PATIENT NAME AND ADDRESS (Mechanicql imprinling.Il available)
SINNOTTJAMES
1525 'IHOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
I D
Consult RequestPage 46
Nov12,2003
CL: 102 MMOL/L ( 09/14/2003 16:23)C02: 25.6 MMOL/L ( 09/14/2003 16:23)BUN: 11 MG/DL ( 09/14/2003 16:23)OREAT: 0.8 MG/DL ( 09/14/2003 16;2))GLU: 91 MG/DL ( 09/14/2003 16:23)
WRC: 6.3 K/cmm ( 09/14/2003 16:23)HGB: 14.5 9/dl, ( 09/14/2003 16:23)HCT: 44.1 3 ( 09/14;2003 16:23)PLTLT: 297 K/cmm (09/14/2003 1G:23)
Speciinen: ARTERIAL BLOOD. RT 0914 3
09/14/2003 16:25Test name Result units Ref. range
HCO3a 27 MMOL/L 21 - 29
PH 7.41 7.35 - 7.45
PC02 43 MMHG 32 - 46
P02 76 MMHG 74 - 108
eASF EXCESS 3 11 MMOL/L 2 -+2.0
O2HB$ (SAT) 95 $ 92 - 96
CT of the chest: right upper lobe 3x4 mass medial and attached to the
mediastinal pleura. located in the apical or anterior segment of the right upper
lobe and asociaLed with lymphadenopat.hy.no liver or arenal lesions.
A:Right upper lobe mass with h/o sir.okincF and asbesLOS exposure make. t.he pat.i.erit.
high risk of lung ca. we will do diagnostic bronchoscopy to get a tisa ue ...
possible even the locatation of the lesion might be hard to reacFr. we will chech
pt/ptt and esr before the procedure and get tibial xray to check for HPO as
possible paraneoplastic syndrome.
/es/ AMMAR GHANEM /es/ PIANCY J MUNN, M.D.
PGY4 CHIEF, PULMONARY SECTION
Signed: 09/15/2003 10:57 Cosigned: 09/15/200.-1 3s:sa
09/15/2003 IwDEND'JM:
Personally interviewed and examined patient, discussed w:Ch Dr. Gnancm. G4
yo male with history of asbestos exposure for 37 years and prior smoking
history of 1 1/2 ppd x 45 years. Admitted after CT chest showed a right
upper lobe lung mass. History of soina shoulder pain in that area as well
as diffuse pairt. Says has noted unirrterrtional weight loss recently. Denies
any dyspnea, spututn, wheezing but does have a dry cough. History of rigid
PATIENT NAME AND ADDRESS (MOchanical imprinting, if available)
.SINNOTP, JAMES
1525 THOh1AS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
PriNed at HUNTINGTON VAMC
Consult RequestPage45
Nov12,2003
EVERY DAY "FOR ALLERGIES... 'dAY CAUSE F.xp:':04-0i-04
SEDATION
=k) FLUNISOLIDE 25MCG 200D NASAL INHL Qty: ACTIVE Issu:12-06-02
1 for 30 days Si.g: SPRAY 2 SPRAYS IN Refills! 2 T.asi-.:OR-2.5-03
BOTH NOSTRTLS TWICE A DAY FOR NASAL Ezpr:12-09-03
ALLERGY SYMPTOMS
5) RASEPFAZOLE NA 20MG EC TAB Qty: 90 for ACTIVE Issu:02-03-03
90 days Sig: TAKE ONE TABLET BY MOUTH Refill5: I Last.:07-23-03
EVERY DAY FOR STOMACH Expr:02-04-04
E) SP.LSALATE SOOMG 'cAB Qty: 120 for 30 ACTIVE Issu:09-04-03
days Sig: TAKE TWO TABi.ETS ITY MOUTH Refillsc 1 LasL:09-04-03
TWICE A DAY W/FOOD Expr:09-0404
7) TERAZOSIN HCL 2MG CAP Qty: 90 for 90 ACTIVE Issu:03-10-03
days Sig: TAKE ONE CAPSULE BY MOU'1'H Refil1s: 3 Last:03-10-03
AT BEDTIME FOR ENLARGED PROS1'A'rE Expr:03-10-04
SYMPTOMS
RE01EW OF SYSTEMS:as HPI
PHYSICAL EXAMINATION
Gen: Patient is awake, alert, and oriented to person, place, time, and
sit.uation. NAD
Vita1 Signs:
BP :135/88 (09/14/2003 14:34)
'fEMP:98.2 F [36.8 C] (09/14/2003 14:34)
P :72 (09/14/2003 14:34)
RR :16 (09/14/2003 14:34)
HEENT: Normocephalic, atraumatic. Pupils equally round and reactive co
]ight and accomodation. Extra-ocular movements intact. No sinus
tenderness. Oral mucosa moist and pink with no erythema or exudate.
Neck: No carotid bruits, no jvd, no cervical lymphadenopathy.
Heart: Normal sl, 52. No murmurs/rubs/gallops.
Lungs: Clear to ausctiltation bilatrally, no wheezing, ralea, or rhonchi.
Good air errtry bilaterally.
Abdomen: Soft, nontender, nonciistended, bowel sounds po>;itive. No
appreciable hepatospenomegaly.
Extremities: No cyanosis, clubbing, or edema. Peripheral pulses 2+.
Neur.ological: Cranial nerves II to %II intact:, normal sensation to
pinprick and light touch. Deep tendon reflexes +2.
^^„sr.:leskcleLal: .^.,otor strength Si5 i q upper and lower proximal and
distal extremities. tender in the shoulder and bones. no sighns of inf).arnmat:on
or skin rash
Labs:
NA: 136 MMOL/L ( 09/14/2003 16:23)K: 4.1 MEQ/L ( 09/14/2003 16:23)
PATIENT NAME AND ADDDESS ( Mechanical imprinting, if available)
SINNOTT, JAMES
7525 THOMAS ST
IRONTON, OHIO 45638-1176
402506326
VISTA Electronic Medical Documentation
Printed at HUNTINGTON VAMC
Consult RequestPage47
Nov12,2003
bronchoscopy in tile 1950's while in the service and was told hed scarring
of lower lungs. History of COPD (no pfts), stable angina, gerd, low back
pain.
On exam, pieasant male in no disLress. BreaCiiing comfortably at rest. No
conversational dyspnea. V9 normal. No cervical aderiopathy or jvd. Lungs
clear to a and p. RRR. Abdomen soft and nontender. No clubbir.g, cyanosis,
edema. Alert and oriented.
Labs relatively unremarkable. CXR with evidence nf RUL mas3.
CT chest reviewed with Radiology and RUi, mass noted with quescion o- uo:nc
satellite lesions. NO LESION NOTED ON LEFT. Some mediastinal and hilar
aderiopathy.
Clinical presentation suggestive o£ broalchogenic car.cinoma with RUL mass
Sigrrificant smoking and occupational exposure history.
Location of lesion may make biopsy diffi.culr. Will try bronchoscopy as
first diaynostic procedure. Scheduled for bronchroscony on 9/17/03 at 8am.
If non-diagnostic, then may need needle biopsy and/or open biopsy. Agree
with plans for metastatic w/u.
/es/ NANCY J MU61N, M.D.
CHIEF, PULMONARY SECTION
9iqned: 09/15/2003 16:47
--------------
ENâ ---------------
Current PC Provider: BOWMAN,SARA C
Current PC Team: BLUE TEAM D
Current Pat. Status: Outpatient
Primary Eligibility: NSC
Order Information
TO Service: PULMONARY PROCEDURES
From Service: AMB CARE WALK-IN
Requesting Provider: JOSEPH,SANDRA
Service is to be rendered on an OUTPATIENT basis
Place: Consultant's choice
Urgency:
Orderable Item: ARTERIAL BLOOD GAS
Procedure: ARTERIAL BLOOD GAS
Reasou Foc Request:
On Oxygen @
On Room Air
After Oxygen Change NEEDS LUNG BIOPSY
After Ventilator Chanqe
VenLilator patient AM
PATIENT NAME AND ADORESS (Mechanical imprinting, il available)
SINNOTT, JAMES
1S2S THOThAS ST
IRONTON, OHIO 45638-1176
40250(3:6
VISTA Electronic Medical âocumentation
I'rinied at HUNTINGTON VANIC