Power at its best is love implementing the demands of justice, and justice at its best is power correcting everything that stands against love.

- Rev. Dr. Martin Luther King, Jr.

Tuesday, September 7, 2010

Fancy paper doilies

On a back street in Oneida, NY sits the shuttered Smith-Lee factory. The company was founded in 1898 by Charles A. Lee in nearby Canastota. Its original product was paper milk bottle caps. In 1899, Monroe C. Smith and Hurlburt W. Smith joined as partners and the name changed to Smith-Lee. Home delivery of milk in reusable glass bottles was growing fast in those days. Business boomed. Growth was so rapid that in 1900, the factory was relocated to Oneida, where a larger work force could be maintained.

The company prospered. In 1932 it stayed competitive by merging with a competitor, the Kleen Seal Corporation of Liverpool, NY, but retained the Smith-Lee name. After the end of World War II, with the introduction of the paper milk carton, the milkman and thus the milk bottle began to disappear. Smith-Lee knew it needed to diversify to survive. Its first new successful product was the disposable paper plate. Then in 1971 it acquired the Milwaukee Lace Paper Co., a leading manufacturer of paper lace doilies.

Over the next few years it became one of the preeminent providers of high end paper napkins, lace doilies, place mats and paper tablecloths for restaurants and country clubs across the nation. Finally in the spring of 2009 after 111 years of continuous operation it was acquired by a larger competitor, Hoffmaster Group of Oshkosh, Wis., and immediately closed. All 70 employees lost their jobs. Products bearing the Smith-Lee name are now manufactured by Hoffmaster. http://www.hoffmaster.com/AboutHoffmaster/History.aspx

I had quite a few Smith-Lee employees as clients during the 20 years I represented injured workers. Many of them had upper extremity injuries sustained in the process of making lace doilies, simply called “lace” by employees. Paper doilies are made using a punch press with a sharp die to cut stacks of paper into the desired patterns. Multiple large sheets of paper are positioned on the press, then BANG, they are cut into intricate designs. The machine operators then separate the resulting doilies by pulling the stack of paper to the edge of the machine surface and breaking them apart by pushing down all around the edges. The stack of separated doilies is then shaken to remove the small chad, then packed for shipping. Boxes of 1,000 doilies wholesale for between $50 to $150 depending on design. One operator can produce many thousands of fancy doilies per shift.

This process requires frequent and fairly violent use of the shoulders. After a few years of doing this job, operators tend to develop a problem called thoracic outlet syndrome. Thoracic outlet syndrome is a relatively rare condition caused by compression of a narrow space near the arm pit. Blood vessels and nerves coming from the spine pass through this small space below the collarbone and above the ribs. Frequent compression of this space from overuse of the shoulders pushing downward results in numbness and tingling of the hands, neck and arm pain, poor circulation in the arms and arm weakness.

The first client with thoracic outlet I had from Smith-Lee was a young woman in her 30s. She found a surgeon who promised her he could widen her thoracic outlet by removing part of her top rib. It didn't work. After several painful years during which she tried to recover, she retrained as a phlebotomist. Her arm and neck pain never went away. While I was still representing her, a second young woman from Smith-Lee came in with the same problem. She was also on “lace.” She didn't have the surgery and eventually got better with physical therapy. She also didn't go back to work at Smith-Lee. Next a middle aged man came in. He had worked at Smith-Lee for years making paper plates. When he hurt his back doing that, they put him in “lace” as his light duty job. He also developed thoracic outlet. He never worked again.

The pattern seemed compelling to me. I contacted the union steward at the plant and told him I felt that the “lace” job needed to be redesigned to be safer. He agreed but never got back to me. I called the adjuster at Smith-Lee's insurance company and told her the story. She agreed it seemed compelling. She got the company to agree to an inspection by an occupational safety expert. When the inspection showed “lace” to be causing the injuries, the insurance company required the factory to make changes as a condition of policy renewal. The factory changed insurance companies instead.

Now the factory is closed. Fancy paper doilies are made elsewhere, probably using the same process, causing the same inevitable, but avoidable injuries. It's something I think about every time I see one of those damn doilies. I can't help it. I know some of the victims.

2 comments:

  1. One might question whether these individuals actually had thoracic outlet syndrome or if they were in fact victims of the same incompetent physician.

    One of the most frustrating cases I ever handled that stills bothers me even 12 years later was when I was litigating the need for surgery in a thoracic outlet syndrome claim. Having seen dozens of workers go through this rib resection surgery and not one have anything close to what could be called a good result, I implored her attorney to talk to his client. By this time, none of the local thoracic surgeons would even do this procedure so patients were being shipped out to Sayre, PA. He said he tried, but she had been convinced by Dr. G that this was her only answer. Surgery was of course authorized and about a year later we were back at court. Like the vast majority of the victims of this doctor, she was now far worse off after the surgery. Very sad. Thankfully, this doctor has since had his ticket punched and the thoracic outlet syndrome epidemic has miraculously gone away.

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  2. ...And I don't like paper doilies now... not that I ever did...
    I guess I could say I never really actually liked them - but now I kind of dislike them.

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