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     MANUSCRIPTS and ARCHIVAL MATERIAL

AHR Dalkon Shield purchase documents, 1970

 File — Box: MSS 00-04, S2, SS2, Box 2

Scope and Contents

From the Series:

In 1975 a Multi-District Litigation Panel was set up to consolidate over one hundred Dalkon Shield personal injury tort cases pending in federal district courts in over a third of the states. The pretrial proceedings were held before U. S. District Judge Frank Theis in Wichita, Kansas. Bradley Post, a Wichita lawyer who had represented Connie Deemer, the first woman to win a verdict against Robins for her Dalkon Shield injuries, was chosen lead lawyer in the consolidated cases. Post led the court-ordered discovery proceedings that ran from 1976 through the late 1970s and resumed in 1981 and 1982.

AHR was ordered to produce copies of tens of thousands of documents and to store them at the Richmond offices of McGuire, Woods & Battle, the law firm handling its defense. The collection of documents became known as the Source Files. Documents in the following subject categories were requested, copied and numbered at various times from 1976 through 1982: Research & Development, Adverse Reaction, Manufacturing, Administration, Commercial, Government, International, FDA (Food and Drug Administration), and Bibliography.

In 1991, by administrative order, the Trust was directed to "maintain a document depository in Richmond, Virginia, containing substantially all documents which the Trust, using its best efforts, has identified as having been produced without qualification by Robins in pre-petition Dalkon Shield personal injury tort litigation." The depository, to be made accessible to claimants and their attorneys, was comprised of documents previously in the custody of McGuire, Woods and was located at Datastor, a facility on the east end of the city.

The A.H. Robins Company documents consist of the master group, the Source Files, produced under the direction of Judge Frank Theis in the late 1970s and early 1980s. In addition, there are a number of subsets of the Source Files gathered and arranged by plaintiffs' attorneys, and additional documents produced under orders from other judges in the mid-1980s.

Dates

  • Creation: 1970

Access

The Dalkon Shield Claimants Trust Collection was transferred to the University of Virginia Law Library by order of the U. S. Bankruptcy Court for the Eastern District of Virginia in September 2000. Under that order, Series I through V are open for research with no restrictions. The Court imposed the following access restrictions for the materials in Series VI (the Trust's Central Records Library and Outside Counsel Files):

"5.01 Preservation of Claimants' Privacy. No Identifying Information, or any document or record within the Trust Materials containing Identifying information, relating to any Personal Injury Claimant --- or Other Claimant --- may be disclosed at any time, without written consent of the relevant Personal Injury Claimant or Other Claimant, or an Order by the Court allowing such disclosure."

The Court defined "Identifying Information" as the following:

"Identifying Information" means a person or entity's name, address, telephone number, facsimile number, email address, and any unique identifier including but not limited to a social security number, tax identification number, passport number, and military identification number."

Requests for material in Series VI should be made in advance to allow Special Collections staff time to determine whether it contains identifying information, and to allow for the redaction of such information before permitting access. Copying documents in Series VI may be restricted, and advance consideration of such requests is required.

Extent

From the Collection: 327.5 Linear Feet (408 boxes and cartons, 3 volumes, 271 videotapes, 416 three ring notebooks)

Language of Materials

From the Collection: English

Arrangement

S is Series SS is Sub-series

Repository Details

Part of the Arthur J. Morris Law Library Special Collections Repository

Contact:
Arthur J. Morris Law Library
580 Massie Road
University of Virginia
Charlottesville Virginia 22903 United States