Employees Sue Hospital Contractors

More than 50 employees of Brigham and Women's Hospital field suit against contractors yesterday and Thursday, charging that poor air quality at work caused them to develop severe health and respiratory problems.

Three separate groups of employees at Brigham, one of Harvard Medical School's primary teaching hospitals, field suits against seven contractors--including two in Cambridge--who have worked on heating, ventilation and air conditioning systems at the hospital since 1989.

The action was brought by the employees "for the severe life threatening allergies and physical reactions caused by their work place exposure to various hazardous chemicals and compounds," according to the suit field by Robert A. Doyle, a partner in the firm of Kehoe, Doyle, Playter and Novick, which represents four employees.

Doyle's suit charges the contractors with breach of warranty for the defective ventilation systems and negligence in allowing the plaintiffs to be exposed to hazardous chemicals.

As a result, "the plaintiffs suffered and will suffer great pain of body and anguish of mind, reduced earning capacity and have been and will be obligated to expend large sums of money for their medical care andexpenses," the suit reads.

Attorneys for the employees said yesterday thatmany workers have developed serious healthproblems as a result of the hospital ventilation.

"There are three types of injuries in differentdegrees of severity," said Mark R. Karsner, anattorney at the law firm of Wynn and Wynn, whichis handling a suit on behalf of 34 employees andapproximately 40 family members.

"Many have respiratory problems, some haveproblems with rashes or hives, and many seem tohave multiple chemical sensitivities, so they havereactions every day to many different types ofchemicals," Karsner said.

He said all of the workers he is representingare currently unemployed.

"Some are so disabled that they have difficultyleaving their homes," Karsner said. "Hopefullythey will recover enough to be able to work again,but right now they are not working, and it'squestionable if they will be able to work in ahospital environment again."

Madge Kho, Doyle's assistant, said the fourwomen her firm is representing are receivingworker's compensation.

She said she believed all the other plaintiffsare getting compensation as well.

"All of the people that were involved have allbeen on worker's compensation," Kho said. "Theywere receiving payment for being out of work for awork-related injury."

Attorney Thomas E. Cargill Jr. filed suityesterday on behalf of another group of at least15 employees, Kho said.

The three suits were filed separately, but Khosaid the attorneys for each lawsuit were sharinginformation with each other.

Serving Complaints

The seven contracting firms that are being suedare William A. Berry & Son of Danvers, Tsoi/Kobusand Associates, Inc. of Cambridge, Trapani andAssociates Inc. of Boston, Ellenzweig AssociatesInc. of Cambridge, P & D Contractors Inc. ofAllston, Kaplan Corp. of Brookline and HoneywellInc. of Minneapolis.

Representatives from the firms said they hadnot received the suit and would not comment on thecase.

"P and D Contractors have not been served withany papers, so we do not understand what the suitis about and therefore cannot comment at thistime," said Joseph A. DiMatteo, treasurer of thecompany, in a comment similar to that of otherfirms.

The complaints will be served on all thedefendants next week, Karsner said. He said thedefendants will probably call their insurancecompanies, who will hire attorneys to handle thecase.

"It could take several years to resolve thelawsuit," Karsner said.

The History

Nearly two years ago, 14 members of thehospital's operating staff developed rashes,hives, sneezing and other problems. Some wereforced to give up their operatingresponsibilities.

Some were diagnosed as having allergies to thelatex in surgical gloves and other medicalequipment, but no explanations were found for thesymptoms that others reported.

Since then, at least 300 of the hospital's 1800nurses have reported health problems that they sayare related to the hospital environment. Some ofthose are currently on disability leave.

The hospital has cooperated with federalofficials from the Occupational Safety and HealthAgency in investigating the causes of illnesses,Kho said.

The hospital has also conducted its ownexaminations of the ventilation system and hasfound no defects associated with the system,according to a press release.

"Brigham and Women's Hospital has beenconducting an ongoing assessment of air qualitythroughout the hospital with the assistance of anationally recognized consultant, EnvironmentalHealth and Engineering, Inc.," the press releasereads.

It continues: "This thorough assessmentindicates that all heating, ventilation and airconditioning systems meet or exceed the moststringent air quality standards" of federal andprivate agencies.

Michelle Scarlatelli, a spokesperson for thehospital, said, "We do want to make clear thatBrigham and Women's is a safe environment in whichto work and receive care."

"The hospital has launched a model program foridentifying the sources of concern to staff andeliminating or minimizing exposures," the pressrelease says.

But Karsner said he is uncertain whether thehospital really believes it has a safeenvironment.

"I'm not sure that the hospital really believesthat the environment is perfectly safe," Karsnersaid. "They have seen many of their employeesbecome ill. They have hired outside consultants todetermine why this is so."

The employees could not sue the hospital,Karsner said, because workers' compensation lawsgive the hospital immunity against being lawsuits

Attorneys for the employees said yesterday thatmany workers have developed serious healthproblems as a result of the hospital ventilation.

"There are three types of injuries in differentdegrees of severity," said Mark R. Karsner, anattorney at the law firm of Wynn and Wynn, whichis handling a suit on behalf of 34 employees andapproximately 40 family members.

"Many have respiratory problems, some haveproblems with rashes or hives, and many seem tohave multiple chemical sensitivities, so they havereactions every day to many different types ofchemicals," Karsner said.

He said all of the workers he is representingare currently unemployed.

"Some are so disabled that they have difficultyleaving their homes," Karsner said. "Hopefullythey will recover enough to be able to work again,but right now they are not working, and it'squestionable if they will be able to work in ahospital environment again."

Madge Kho, Doyle's assistant, said the fourwomen her firm is representing are receivingworker's compensation.

She said she believed all the other plaintiffsare getting compensation as well.

"All of the people that were involved have allbeen on worker's compensation," Kho said. "Theywere receiving payment for being out of work for awork-related injury."

Attorney Thomas E. Cargill Jr. filed suityesterday on behalf of another group of at least15 employees, Kho said.

The three suits were filed separately, but Khosaid the attorneys for each lawsuit were sharinginformation with each other.

Serving Complaints

The seven contracting firms that are being suedare William A. Berry & Son of Danvers, Tsoi/Kobusand Associates, Inc. of Cambridge, Trapani andAssociates Inc. of Boston, Ellenzweig AssociatesInc. of Cambridge, P & D Contractors Inc. ofAllston, Kaplan Corp. of Brookline and HoneywellInc. of Minneapolis.

Representatives from the firms said they hadnot received the suit and would not comment on thecase.

"P and D Contractors have not been served withany papers, so we do not understand what the suitis about and therefore cannot comment at thistime," said Joseph A. DiMatteo, treasurer of thecompany, in a comment similar to that of otherfirms.

The complaints will be served on all thedefendants next week, Karsner said. He said thedefendants will probably call their insurancecompanies, who will hire attorneys to handle thecase.

"It could take several years to resolve thelawsuit," Karsner said.

The History

Nearly two years ago, 14 members of thehospital's operating staff developed rashes,hives, sneezing and other problems. Some wereforced to give up their operatingresponsibilities.

Some were diagnosed as having allergies to thelatex in surgical gloves and other medicalequipment, but no explanations were found for thesymptoms that others reported.

Since then, at least 300 of the hospital's 1800nurses have reported health problems that they sayare related to the hospital environment. Some ofthose are currently on disability leave.

The hospital has cooperated with federalofficials from the Occupational Safety and HealthAgency in investigating the causes of illnesses,Kho said.

The hospital has also conducted its ownexaminations of the ventilation system and hasfound no defects associated with the system,according to a press release.

"Brigham and Women's Hospital has beenconducting an ongoing assessment of air qualitythroughout the hospital with the assistance of anationally recognized consultant, EnvironmentalHealth and Engineering, Inc.," the press releasereads.

It continues: "This thorough assessmentindicates that all heating, ventilation and airconditioning systems meet or exceed the moststringent air quality standards" of federal andprivate agencies.

Michelle Scarlatelli, a spokesperson for thehospital, said, "We do want to make clear thatBrigham and Women's is a safe environment in whichto work and receive care."

"The hospital has launched a model program foridentifying the sources of concern to staff andeliminating or minimizing exposures," the pressrelease says.

But Karsner said he is uncertain whether thehospital really believes it has a safeenvironment.

"I'm not sure that the hospital really believesthat the environment is perfectly safe," Karsnersaid. "They have seen many of their employeesbecome ill. They have hired outside consultants todetermine why this is so."

The employees could not sue the hospital,Karsner said, because workers' compensation lawsgive the hospital immunity against being lawsuits