In 1977, lawyers representing asbestos exposure victims discovered approximately 6,000 pages of documents that forever changed the ability of mesothelioma, lung cancer, and asbestosis victims to hold asbestos companies accountable. They found that companies had spent decades concealing the dangers posed by the carcinogenic mineral. Now known as the Sumner Simpson Papers, these scientific reports, correspondences, and internal memos have been used as evidence in countless lawsuits ever since.[1]
What Are the Sumner Simpson Papers?
The Sumner Simpson Papers are a collection of correspondence, memoranda, and internal documents from the 1930s and 1940s that prove asbestos industry executives were aware of the serious health dangers posed by their products decades before the public was warned. These papers were discovered in the personal safe of Sumner Simpson, founder and former president of Raybestos-Manhattan, Inc. The company, which later became known as the Raymark Corporation, is a manufacturer of automotive parts, including brakes, clutches, and other friction-based products, and the papers were found in the course of discovery during an asbestos-related lawsuit filed in New Jersey.[1]
Among the papers was a file marked “Dust” that contained exchanges between Simpson and executives from other asbestos companies, including Johns-Manville Corporation. The papers spanned the period when medical evidence about the dangers of asbestos was emerging, and showed that though the industry was increasingly aware of the issue, it chose to actively suppress the information rather than disclose it. A review of the correspondence revealed a calculated strategy to minimize publicity about asbestos health hazards, control research findings, and avoid liability rather than protect workers and consumers who were being exposed to the deadly mineral.[2]
Documents Reveal Asbestos Industry Conspiracy
The discovery of the Sumner Simpson Papers represents a turning point in asbestos litigation. For years, companies named in personal injury and wrongful death lawsuits had claimed ignorance about the health risks of their products, especially regarding mesothelioma and the dangers to insulation workers. The Sumner Simpson Papers provided proof that industry leaders both knew about asbestos hazards and actively worked to conceal that information from workers, the medical community, and the public.
The discovery came about at the same time that companies were denying responsibility for thousands of workers being diagnosed with mesothelioma and other asbestos diseases. The documents gave victims the evidence they needed to hold corporations accountable for their decades of deception.
What Do the Sumner Simpson Papers Reveal?
The documents contained within the Sumner Simpson Papers reveal a disturbing level of corporate irresponsibility, as corporate leaders deliberately concealed crucial information about asbestos’s dangers. Several specific items have become particularly notorious and frequently quoted in asbestos litigation.
A Record of Information Suppression
In 1935, several years after landmark studies of asbestosis had appeared in Britain, the editor of the trade journal Asbestos requested permission to mention the problem of asbestos-related disease in the publication. This request led to a troubling exchange between Sumner Simpson and Vandiver Brown, the general attorney for Johns-Manville Corporation.[3] Simpson pointed out that the magazine had been cooperative in not reprinting the information about asbestos’s hazards, writing that he believed “the less said about asbestos, the better off we are.” That statement has been used by victims’ attorneys ever since to illustrate the asbestos companies’ wrongdoing. Making matters worse, Brown responded by writing that he completely agreed, and that it would be best if asbestosis received a minimum amount of publicity. This exchange shows how the major asbestos companies coordinated to keep information about mesothelioma and other asbestos-related diseases quiet, despite it having been well-documented in medical literature.
Controlled Research and Selective Publication
As reports of asbestos-related illnesses continued to be published in foreign medical journals, Simpson and Brown recognized that their industries needed to take a more proactive approach to the subject by sponsoring a joint research program and submitting their information to compensation commissions of various states to counter workers’ compensation claims. The research was designed as a defensive legal strategy rather than as a genuine effort to understand and address the health hazards posed by the toxic material.[3]
Simpson made clear that publication of the information would depend entirely on the nature of the findings, stating that the companies could determine after the results were known whether they wanted them published at all, and that distributing information among the medical community would only be acceptable if it wouldn’t hurt their companies. Rather than allowing the scientists they’d hired to publish findings regardless of what they showed, the asbestos companies reserved the right to suppress any results that might damage their business interests.
The Saranac Laboratory Studies
The Sumner Simpson Papers document that several asbestos corporations funded research through the Saranac Laboratory for Research on Tuberculosis beginning in 1936. The studies conducted at Saranac showed a clear link between asbestos exposure and cancer, findings that should have prompted immediate action to protect workers and warn the public. Instead, the asbestos companies that had financially supported the research agreed that there would be no publication of research or experiments without their consent, and that any published material would not include what they termed “objectionable material.” The companies specifically defined any relation between asbestos and cancer as an example of objectionable content that should not be published, and the lab’s director agreed.[4]
As a result, when the Saranac studies were published, they omitted the critical connection between asbestos exposure and cancer. This effectively blocked the medical community and the public from learning about the serious hazards associated with asbestos and condemned thousands of workers to develop preventable cancers. Records of these decisions were revealed decades later, and demonstrate that rather than responding to the known health hazards, industry leaders chose to look the other way, following what one observer described as a perverse version of the commandment: “Thou shalt not kill—but needst not strive officiously to keep alive.”[3]
Callous Disregard for Human Life
Perhaps the most shocking document in the collection was a memorandum from E.A. Martin, Director of Purchases for Bendix Corporation. In discussing concerns about asbestos health hazards, Martin wrote with stunning callousness: “My answer to the problem is: if you have enjoyed a good life while working with asbestos products, why not die from it? There’s got to be some cause.”[”5”] Rather than viewing employees as deserving of protection, the industry saw them as acceptable casualties in its pursuit of profit. Proof of this cold-hearted acceptance of worker deaths would later work against the companies, helping juries understand the asbestos companies’ indifference to the harm they were causing.
Which Companies Were Involved in the Coverup?
The Sumner Simpson Papers showed that several major asbestos corporations took part in concealing the hazards of asbestos. The primary companies featured in the documents include Raybestos-Manhattan (later Raymark Corporation) and Johns-Manville Corporation, two of the largest and most influential asbestos companies of the era. The documents also reference the Bendix Corporation and various other companies that participated in industry trade associations like the Asbestos Textile Institute. These organizations served as forums where companies coordinated their approaches to health and safety issues, often prioritizing business interests over worker protection. Even the trade publication Asbestos is implicated in the cover-up. The 1935 correspondence reveals that the magazine’s editor had been cooperative in not reprinting articles from the British press about asbestos health hazards, and that industry leaders expected this cooperation to continue.
What Impact Have the Sumner Simpson Papers Had on Mesothelioma Litigation?
The Sumner Simpson Papers have had far-reaching effects. They demonstrated that internal corporate documents can be critical for establishing liability and that companies cannot hide behind claims of ignorance when their own records show knowledge. This has encouraged more aggressive discovery in toxic tort cases and made companies more cautious about creating damaging paper trails. Other impacts include:
Punitive Damages
The discovery of the Sumner Simpson Papers fundamentally changed asbestos litigation and has had lasting effects that continue to influence cases today. They have made clear that the defense typically offered by asbestos companies – that they were unaware of the health hazards their products posed – is untrue, and show that industry leaders knew about the dangers as early as the 1930s. Juries reviewing the Sumner Simpson Papers were often outraged by what they read, seeing that company leaders’ own words showed that they understood the risks, knew that safety standards were inadequate, and chose to conceal these facts instead of protecting workers. Asbestos cases changed from disputes about scientific causation to clear cases of corporate wrongdoing. The documents have provided grounds for punitive damages, which are payments defendants are ordered to pay as punishment for particularly reprehensible conduct and to keep them and others from behaving similarly in the future. Johns-Manville and other companies that participated in the cover-up faced damages awards that contributed to their eventual bankruptcy.
Statutes of Limitations
In addition to opening jurors’ eyes to asbestos company behaviors, the Sumner Simpson Papers provided a basis for arguing that statutes of limitation should be tolled or extended in asbestos cases. Plaintiffs’ attorneys argued successfully in many courts that the industry’s active concealment of information should prevent companies from benefiting from time-based defenses. The logic was straightforward: companies should not be allowed to hide dangers for decades and then claim immunity because too much time has passed. Changes in these laws have allowed many victims exposed to asbestos decades ago to pursue claims when their diseases finally manifested. Without this extension, thousands would have been barred from seeking compensation despite being victims of a deliberate corporate cover-up.
Class Action and Mass Tort Litigation
The Sumner Simpson Papers proved invaluable in certifying class actions and managing mass tort litigation against asbestos manufacturers. Because the documents showed an industry-wide pattern of behavior rather than isolated incidents at individual companies, they provided a way to connect numerous individual claims into mass tort proceedings where similar cases are coordinated for the sake of efficiency while preserving individual victims’ rights to pursue their specific damages. This allowed victims to pool resources and take on powerful corporate defendants more effectively than they could have individually.
Bankruptcy Proceedings and Asbestos Trust Funds
The Sumner Simpson Papers increased the number of lawsuits filed against asbestos companies as well as the size of jury awards against asbestos manufacturers, and drove many companies into bankruptcy. Johns-Manville, once one of the world’s largest asbestos companies, filed for bankruptcy protection in 1982 despite having billions in assets. Because the documents so clearly demonstrated that companies knew about the risks posed by their products, they helped bankruptcy courts decide that companies should not be able to escape responsibility for their knowing misconduct. The courts required asbestos manufacturers to establish trust funds to compensate current and future victims. There are now more than 60 asbestos trust funds that have already paid billions of dollars to victims and continue to hold an estimated $30hold billions to compensate future victims diagnosed with mesothelioma and other asbestos diseases.
Influence on Regulation and Public Policy
Beyond supporting individual lawsuits, the information revealed in the Sumner Simpson Papers has influenced regulatory policy and public health measures related to asbestos. The documents have been cited in congressional hearings, regulatory proceedings, and policy debates about corporate responsibility and worker protection.[6]
Evidence of the industry’s wrongdoing built support for stricter asbestos regulations, improved workplace safety standards, and enhanced disclosure requirements for hazardous materials. It provided reasons to keep industries from self-regulating and strengthened the need for independent oversight. Regulatory agencies, including the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA), have used the documents to justify stronger protective measures and more aggressive enforcement.
Educational Impact
The Sumner Simpson Papers are frequently referenced in legal education, business ethics courses, and public health programs as examples of corporate malfeasance. They illustrate the consequences of placing profits before human well-being and the legal penalties that can result from these choices. For law students, the papers provide real-world examples of how documentary evidence can make or break cases, while business students are taught the long-term costs of unethical decision-making. For public health professionals, the papers demonstrate why independent research and transparent communication are essential.
What Do the Sumner Simpson Papers Mean for Asbestos Victims?
Decades after their discovery, the Sumner Simpson Papers remain important for mesothelioma victims seeking justice. They are introduced as evidence in cases against surviving asbestos companies and in claims against asbestos trust funds. They help juries understand how today’s mesothelioma cases are connected to corporate decisions made generations ago and are used to counter defense arguments that companies acted reasonably based on the knowledge available at the time. The documents prove that companies had access to critical information but chose not to act on it. This is critical in establishing liability, as it shows companies had a duty to warn workers and consumers about risks they were aware of but failed to disclose. This strengthens claims for both compensatory damages and punitive damages, as they make clear that companies actively concealed information, suppressed research, and prioritized profits over human life. This level of misconduct has justified substantial damage awards that compensate for the costs of the illness and provide financial security for victims’ families.
Many asbestos disease lawsuits don’t go to trial, and when that happens, the Sumner Simpson Papers can influence settlement negotiations. Defense attorneys and the insurance companies that provide their liability coverage know that juries react strongly to evidence of corporate coverups. The existence of these documents often encourages defendants to offer fair settlements rather than risk trials where the papers would be presented to juries.
How Working with an Experienced Asbestos Attorney Helps
For anyone affected by asbestos exposure, the Sumner Simpson Papers represent both a dark chapter in corporate history and a powerful tool for achieving justice. Experienced asbestos attorneys rely on these papers as part of a comprehensive legal strategy, connecting the general evidence of industry wrongdoing to the specific companies responsible for your exposure.
Asbestos litigation involves intricate questions about product identification, exposure timing, and legal liability. Mesothelioma lawyers understand how to build cases using both historical documents like the Sumner Simpson Papers and evidence specific to your work history and diagnosis, but it’s important to reach out to them as soon as possible after your diagnosis. Though the information in the Sumner Simpson Papers has extended statutes of limitations in many states, time limits still apply to asbestos claims, meaning you must file a lawsuit within a certain period after your diagnosis. Consulting an attorney soon after diagnosis ensures you don’t miss critical deadlines.
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