Series I Sub-series 1: AHR Source Files

Containers:
Box 1-3, Box 4
Scope and content:

According to a Trust memorandum, (see notebook labeled Background Information re Document Depository), AHR and its attorneys began collecting, reviewing, and copying these documents, later known as the Source Files, as early as 1975. In 1976 when the Multi-District Litigation Panel was set up, the range of documents was expanded to include information on Robins' international sales, and on its interactions with Hugh Davis, Robert Cohn, Thad Earl, and Irwin S. Lerner. Plaintiffs involved in the MDL proceedings were allowed access to all documents that were not privileged. The copies, held in Richmond in the custody of McGuire, Woods, were made from the original documents.

The Law Library completed a project begun sometime ago to convert the Source Files to microform. Documents 1 through 171, 245 are available on microfiche; and 171,246 through 211, 892, on microfilm. Researchers may gain access to the Source File documents through any of its four indexes: document number, document date, name of document writer, and document type and date. The indexes are in three-ring notebooks, and on microfilm reels 1 to 6.

Two types of materials in the Source Files, numbers 189,673 through 207,502, are not in microform (4 cartons, 5 linear feet). The first are computer printouts of names and addresses of the 200,000 doctors to whom AHR wrote in the early 1980s, requesting removal of the Shield. Box 1 contains names and addresses for physicians in Colombia, Sweden, The Netherlands, South Africa, and Australia; Box 2, for Mexico, Philippines, Germany, Denmark, Finland, France, and Venezuela; and Box 3, for the United States. Second, in Box 4, is a collection of used Dalkon Shields sent back to AHR by Thad Earl, David Ostergard, and other doctors.

Access and use

Location of collection:
University of Virginia, Special Collections Dept.
Albert and Shirley Small Special Collections Library
University of Virginia
P.O. Box 400110
170 McCormick Rd
Charlottesville, Virginia 22904-4110
Contact for questions and access:
POC: Special Collections Public Services & Reference Staff
Phone: (434) 243-1776
Fax: (434) 924-4968
Parent restrictions:

The Dalkon Shield Claimants Trust Collection was transferred to the University of Virginia Law Library by order of the US 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.

Parent terms of access:

Multiple individuals and corporate bodies created the materials in the Dalkon Shield Claimants Trust collection and copyright status varies across the collection.

Any rights (including copyright and related rights to publicity and privacy) held by the Dalkon Shield Claimants Trust (DSCT) were transferred to the University of Virginia in 2000 by the United States Bankruptcy Court for the Eastern District of Virginia, Richmond Division. Permission to publish or reproduce materials created by the DSCT must be secured from the University of Virginia.

Other materials may be protected by copyright and/or related rights. The University of Virginia is not authorized to grant permission to publish or reproduce these items.