February 4, 2005

John Drosdick, CEO
Sunoco, Inc.
Ten Penn Center
1801 Market Street
Philadelphia, PA 19103

Dear Mr. Drosdick,

As physicians and nurses, we are appalled to hear that Sunoco's attorney in Toledo is demanding that confidential medical information obtained through a community health questionnaire be turned over to them. We realize that this legal move may have been made without consultation with you.

We are writing to urge you to instruct the attorney to drop his efforts to obtain the names, addresses, and personal medical information of individuals who filled out a health questionnaire circulated by volunteers from Ohio Citizen Action near your Toledo refinery. These questionnaires were circulated in August as part of Ohio Citizen Action's "good neighbor campaign," which aims to prevent pollution from the refinery and improve relationships between the refinery and its neighbors. Ohio Citizen Action volunteers collected 473 health questionnaires of Sunoco neighbors within a mile of the refinery. Results showed 60% of those interviewed complained of headaches; more than a third said they suffer from itchy, irritated eyes; nearly 30% said they have asthma, shortness of breath, and general fatigue; and one in four complained of sinus or ear infections.

Ohio Citizen Action is not involved in the lawsuit known as Clarke vs. Sunoco, which was filed by some neighbors of the refinery in March 2004. However, your Toledo attorney, Louis Tosi, has subpoenaed Citizen Action demanding that they turn over the health questionnaires. Ohio Citizen Action has already provided Mr. Tosi with the published summary of the health survey, which you can view on the website. In addition, Ohio Citizen Action has offered Mr. Tosi several alternatives to turning over confidential health information. These alternatives include providing the individual medical information without the names attached or seeking releases from the individuals, as is customary in medical practice, before turning over this private medical information. Mr. Tosi has rejected all of these alternatives.

Confidentiality of medical information is a primary and sacred precept of our profession. The individuals who filled out these questionnaires did so with the understanding that their individual data would be kept confidential, and they certainly did not give their permission for the data to be given to Sunoco's attorneys.

You have the opportunity to restore good faith with the community by instructing your attorney to drop the demand for personal medical information and to accept the aggregate or redacted data. Please write us back with your response. Thank you for your attention to this letter.


Kathleen Fagan, M.D.
Community Health Partners
1800 Livingston
Lorain, OH 44052

Jane Schaefer, N.P.-C.
Community Health Partners
1800 Livingston
Lorain, OH 44052

Ann Reichsman, M.D.
Medical Director
Neighborhood Family Practice
3569 Ridge Rd.
Cleveland, OH 44102

Anne Wise, M.D.
Neighborhood Family Practice
3569 Ridge Rd.
Cleveland, OH 44102

Kitrina Kearfott, M.D.
Neighborhood Family Practice
3569 Ridge Rd.
Cleveland, OH 44102

Sonja Pierce, R.N.
7320 Hunters Trail
Concord, OH 44077

Carole Price, R.N.
6236 N. Canterbury Rd.
Parma, OH 44129

Leslie Dietsch, R.N.
6440 Edgewater Dr.
Erie, MI 48133

Barbara Lukasik, R.N.
4813 Harbord Dr.
Toledo, OH 43623

Beth Retholtz, R.N.
7039 Cannons Park
Toledo, OH 43617

Joel Retholtz, M.D.
7039 Cannons Park
Toledo, OH 43617

Eileen Kendig, R.N.
7804 Brittanny Dr. NE
N. Canton, OH 44720

Bernadette Callahan, R.N.
3100 Archwood
Cleveland, OH 44109

Patty Lentz, R.N.
116 Pheasant Dr.
Perrysburg, OH 43551

Angela W. Knannlein, R.N.
4228 Lockwood
Toledo, OH 43612

Mark Berger, O.D.
2263 Townley Rd.
Toledo, OH 43614

John E. Bloom, M.D.
6429 Kings Grant Pass
Dayton, OH 45459

Robert Flanagan, M.D.
3314 Avery Lane
Cincinnati, OH 45208