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Alder v. Bayer Corp.11/26/2002
fatigue or fibromyalgia would say those illnesses can also be caused by a chemical exposure."
Dr. Janiece Pompa, Ph.D., administered to Jones and evaluated a series of neuropsychological tests. She was prepared to testify regarding this examination, including the standard neuropsychological testing procedures followed. Her expected testimony did not relate specifically to MCS and involved widely accepted procedures. Dr. Pompa found that Jones exhibited significant cognitive deficits of the type typically associated with solvent exposure and noted that " hese include headache, dizziness, fatigue, paresthesia, pain, weakness, and memory disturbance." Dr. Pompa explained that these symptoms can occur in advance of detectable neurological tissue changes and furthermore that " evere exposure is capable of causing dementia, involving deficits in memory, judgment, abstract thought and other cortical functions." She observed that " t is unlikely that [Jones'] complaints constitute a pre-existing condition, as her memory and attentional deficits are so pronounced that she would not have been able to keep a job , much less a supervisory position." Dr. Pompa testified to a reasonable degree of medical probability that the cognitive deficits that she observed in Ms. Jones' testing resulted from chemical exposure suffered in the workplace. Dr. Pompa answered "yes" to the question " re you able to say to a reasonable degree of medical probability that Ms. Jones cognitive deficits were caused by chemical exposure versus depression?" In summary, Dr. Pompa concluded:
At present, Ms. Jones' cognitive deficits would render her unfit for work in her previous position. She could only handle a job with very few attentional and memory requirements, where she would not be required to make independent judgments or solve complex problems, or work quickly with her hands. Her physical problems would limit her employability even further. Ms. Jones may benefit from cognitive rehabilitation to help her learn ways to compensate for her deficits. . . . It is also recommended that she seek counseling with a mental health professional familiar with the neuropsychological effects of chemical exposure, in order to help her reduce her level of depression and develop realistic expectations for herself, given her current disabilities and reduced level of functioning.
Dr. Pompa's testing of Alder yielded similar results. Both Technicians exhibited "significant neuromotor slowing" in their hands that placed them in the "severely impaired range."
Dr. Michael Gray, M.D., M.P.H., was a treating physician to both Jones and Alder. His differential diagnoses of Alder's illnesses included glutaraldehyde exposure and toxicity, immune toxicity, toxic encephalopathy, and reactive airways disease. He concluded that Alder was "temporarily totally disabled in the context of her ability to enter a work environment, and be gainfully employed." Dr. Gray diagnosed Jones with similar conditions and disability and advised both technicians to remain off work. Dr. Gray stated that "it is my considered medical opinion, based on the differential diagnosis and general clinical assessment for these two individuals, that their exposure in the context in question to a mixture of chemicals emanating from the developer were sufficient" to cause Technicians' illnesses. He stated in a monograph that he co-authored on the subject that glutaraldehyde is one of the chemicals listed as hazardous to hospital workers. Toxicologist Richard Lipsey, Ph.D., affirmed that Technicians' symptoms are those listed in the scientific literature as potential health consequences of exposure to film processing chemicals.
Dr. Mark R. Cullen
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