Cheeseman continued to work on the motion and met with world-renowned doctors who found nothing in their studies that showed TCE played a role in leukemia. Although the Environmental Protection Agency (EPA) had TCE listed as a “probable” carcinogen these tests were done on animals and the Harvard doctors did not believe that it would be the same humans as they were simply too different in chromosomal structure and metabolism. Cheeseman wrote affidavits stating that there was no medical evidence that TCE caused leukemia in humans and the doctors signed them. Cheeseman wrote in his brief that Schlichtmann could not make out “prima facie case on causation.” To this Schlichtmann asked for a 30 day extension where he met with an immunologist experienced with legal matters as he has served as an expert witness in cases involving toxic substances before. This man was Dr. Alan Levin, Levin theorized that the water must have affected everyone in the families even if it didn’t show. That is if some of the cells were killed that person would be fine since they would have plenty more cells and their immune system would be ready to fight back, but those with weakened immune systems would not be able to fight back. Levin called an immunopathologist at Harvard, Dr. Robert Colvin, and …show more content…
Additionally, he also learned that the six drums that contained TCE were buried more than a decade ago behind the plant and they were ordered to be dug up by the EPA. The Woburn Daily Times came out and a photograph of the drum being lifted out became the front page. Cheeseman saw he was losing and decided to implead Unifirst, since they had admitted to spilling the solvent, but claimed it was contained. Cheeseman decided to do this because he figured it would make Schlichtmann’s life more difficult. It didn’t. Facher had before refused to show any interest in any of the motions Cheeseman had been making earlier so he did not call him about this either, however, Facher called him and told him how it would only help Schlichtmann instead of help us. Cheeseman hoped Unifirst would cooperate in a joint defense, but they did not. He was forced to dismiss all the claims against them. Meanwhile, Schlichtmann and Unifirst reached a settlement of one million and fifty thousand dollars, and $400,000 of that would be paid in cash. Schlichtmann suggested to the Woburn families to use it to finance the case and they all