My name is Jeffery Runyan and here is a true story of my experience with Burkitt’s lymphoma, the most aggressive human tumor.
I am Army veteran, Father of two; I’ll begin with a brief summary of my life prior to Dec. 30th 2008;
I grew up in Lakewood Washington just outside of Tacoma; I joined the Military when I was 17. Started off as a Private and worked my way up to Staff Sergeant. I served for 13 years, half of which was spent as a Platoon Sergeant. During my tenure I received several awards and decorations, Army Achievement Medal with Oak Leaf Cluster, Army Commendation Medal, 4 Good Conduct Medals, Humanitarian Service Medal, National Defense Service Medal and several others badges and citations including the coveted Air Assault Badge. I also received The honor of being designated Top All Around Graduate of my Advanced Non Commissioned Officer Course, Better known as ANCOC I served in many units and places from 1979 to 1992.
After the Gulf War there was no need for such a massive well trained Army and the powers in charge started the great Military Draw Down of the 90’s, closing bases and reducing the force. One day I received a letter that my job was over strength and I would need to reclassify into a new job or look at getting out. Well the new Job offer was I could be even more than I could be, a Special Forces Special Weapons Sergeant. Sounds cool, but not exactly what I was looking for after 13 years. I took the other option Severance Check, Disability and some benefits and left. By this time I had been married for just a couple months and already had one child and another on the way and I was now 30 years old.
My first Job as a civilian was at Akutan Alaska, working as an Engineer at a Fish Processing Plant. I saw it on the T.V. show Deadliest Catch recently. While I was working there I applied for a job as a Maintenance Mechanic at Olympia Cheese Company in Lacey Washington, I found that my skills were not that valued in the private sector and getting a job close to home was not as easy as it might sound. At first I didn’t get the job, came in second place, but the first guy didn’t show and I was in. I worked there for 5 years, I loved that place, and I worked my way up to Maintenance Supervisor and enjoyed every minute that I worked there.
After 5 years a Company Called Simplot bought the place and I didn’t feel I fit in very well with Simplot, and they closed the old cheese factory down shortly after they bought it, but I had already left. I was so disappointed, because that was such a great place to work. After the Cheese Factory the original Owner of Olympia Cheese called me up and made me an offer I couldn’t refuse, a new Job in Spencer Iowa, a complete plant Start up from scratch. So, I picked up and moved to Iowa. Well we got most of the plant off the ground, but when it came to the big deal it never left the chalk board, because of some complicated politics, so I went off on yet another adventure. So after two years I picked up and moved my family to Florida.
I started contracting immediately upon arrival in Florida, building, installing and programming automated control systems for various factories, mainly pharmaceutical, dairy, and a few others. I was on a great adventure, but at a high price. After traveling constantly for seven years to places like Brazil, Yugoslavia, Mexico, Canada, and everywhere in the US I got burnt out, I was never home, I also missed half my kid’s child hood and never saw my wife. We decided enough was enough, so we embarked on yet one more adventure; we sold everything and moved back to my wife’s home town Missoula MT.
I fell in love with Montana and decided to end the contracting business and settle down; I landed a Job within a few weeks of searching with Stimson Lumber Company in Bonner Montana, The longest continuous operating Lumber Mill in the world. What a great Job! I loved working in the stud mill; I liked all the people, and the heavy duty machines. I worked there for a little over a year when one morning we had a meeting in the planer building; Jeff Weber (Corporate guy) told us the mill would be shutting down forever in 60 days. I stayed to the last day, it was a sad day and a couldn’t help but choke up a little when I walked out the gate, but I was lucky enough to land a great job at Smurfit-Stone a pulp and paper mill just across town just two weeks later. I think it may have helped that I made the front page of the Sunday Newspaper the week that Stimson shut down. My new job is an instrument technician. Instrument technicians work on various electronic sensors and transducers for temperature, density, flow, and other measurements plus a bunch of other stuff. What a great job! I started that June and managed to get almost 1500 hrs in just 7-8 months. Here is a link to the Story that was run by the Missoulian. Jeff Runyan Missoulian
On December 30th 2008, I was at work and suddenly felt something strange in my groin area, but didn’t stop to look, because the end of the day was near. When I got home that night I had a look see and had noticed that one of my testes had swollen to twice the size of normal. The very first thing that crossed my mind was my god I have cancer, having heard of Lance Armstrong’s battle with testicular cancer I was in a panic. I got on the internet and confirmed my belief and I went straight to the doctor at now care at our local mall. The PA at now care gave me an examination and sent me straight to the ER at St. Patrick’s Hospital, although panic had set in I was remaining calm, because she had told me that it may be an infection or a testicular torsion. After I arrived at the ER they decided to give me an Ultrasound and after it was looked at the ER the doctor told me it was not cancer or a torsion and said it must be an infection and he proceeded to give me a prescription for Cipro and told me to follow up with an urologist, man I was glad it wasn’t cancer.
The next morning I was on the phone and to my surprise I got an appointment and went in to see the urologist. He had a look and told me that it was probably an infection and told me to make another appointment for mid February a whole month and a half away. He made this decision without looking at the ultrasound, taking any blood work or even a urinalysis. I asked if he was happy with that decision and he said yes. I couldn’t troubleshoot that poorly at work and expect to get paid and I was very mad as I stormed out.
The day after when I got up I called around looking for another Urologist, The only referral I could get was to Dr. xxxxxx2 at the same clinic that I stormed out of and when I called they practically insisted that I see Dr. xxxx1, because he was my assigned doctor, they also said I couldn’t get in for two weeks. I insisted on seeing Dr. xxxxxx2 and I wasn’t going to wait a week. (Living in a small town has disadvantages). While I was waiting I continued to work and to take the Cipro, and despite the swelling which had continued to increase I needed a pay check.
When the day of the appointment finally arrived I took my wife with me so that she could witness and help guide me with the Doctor. We went to the appointment and saw the Doctor, he looked at the testicle and told me that he thought it might be Orchitis, I asked about an aspiration and he said that he didn’t think that was a very good Idea, because it itself could cause an infection given the area of the swelling. He did give me a urinalysis test and changed my prescription to levaquin and also told me to take ibuprofen for the swelling and to get some support for myself as in a Jock strap and he sent me on my way.
We went and filled the prescription and bought a large bottle of ibuprofen and the strap. When I took the antibiotic I felt my nerves in my back and arms tingle, I guess not just tingle, but the same feeling you get when your leg had fallen a sleep and about mid way back to when it’s normal again. This only lasted a few minutes and I thought this was not right and I felt that I may be having an allergic reaction to the antibiotic, because it was in the side effects list. But I had to go back to work and just kept it in mind. Later that day I tried the ibuprofen and an hour or so after I took it my stomach began to feel like it was on fire. I have always had a problem with anti inflammatory drugs, but thought if it would help the swelling so I would give it a try.
The next day when I woke up to go to work to my astonishment my right testicle had swollen up so now both are swollen, so I got on the phone and called Doctor xxxxxx2 and of course you can’t ever talk to a doctor on the phone, but I insisted that he call me. When he did call me I told him that now both my testicles have swollen and asked if that was normal after being on antibiotics, he said it was not normal for it to spread while on antibiotics, but to keep taking the antibiotics and to call and set up another appointment in about three weeks. That evening I took another Levaquin and felt the same sensation and now was getting very worried so I made another trip to the ER. When I was booked into the ER they gave me another ultrasound and again they said I didn’t have cancer, but despite my complaints about the antibiotics they gave me a mass dose of it in an IV in hopes of killing off the infection, but when they gave it to me I had the same feeling as before and now it was starting to spread and I had severe stomach pain which I thought was related to the ibuprofen. After all this I was sent home.
A couple days past and nothing changed, I was getting worse and was now having blood sugar issues, severe stomach pain and losing weight. So again I went to see yet another Doctor, who took me off the levaquin and gave me a different antibiotic, but this time injected it, they also gave me what they call a GI cocktail for my stomach. Guess what? None of this helped and I was sent along my way again.
I have now lost track of time, days are merging, the pain is horrible and I can’t sleep yet, no bed rest, but work instead.
After another day or two, nothing changed and I was still getting worse, my testicles looked and felt as if they would burst. I had stopped the ibuprofen and my stomach was getting worse. Again I went to the ER, but this time they just gave me a GI cocktail for my stomach and sent me home and someone told me to take the levaquin. The weekend came and I thought that maybe if I rested, that maybe the swelling would start to go away, but it never did. On Monday I called and scheduled an appointment with another Doctor, I think I went and saw him on Thursday, but now time is a blur and I still have the same issues and am still dragging myself to work. When it was time for the doctor visit I again took April with me to witness what the doctor said and did.
When we finally got into see the doctor I explained to Doctor Dr. Xx3 what was going on, and what my concerns were about the levaquin which I was now back on, I told him I had a pain in my back and he touched where I pointed. I said yes that’s the spot, and he punched in that area, not hard, but not lightly either as some sort of a joke. I asked him about the testicles and aspiration and he also advised against it, but joked and said “you should take a picture of those testicles and send them out in Christmas cards to your buddies next year”, and to keep taking the levaquin. I was in shock, I was appalled, but by this time I was getting so weak and so frustrated that I just left to go home with my wife as we pondered what just happened. The weekend came and on Saturday I called every pharmacist in town and asked about the levaquin and each one told me to stop taking it. Within the next day or two, after work, I was in so much pain and telling everyone that would listen. I was determined to get help. Instead of going home I went to now care at the mall again.
We are now close to the end of January and I am at my wits end. When I got to the counter the gal said we are not taking anymore patients. I told her that if they did not see me and if I died my wife would have a lawyer suing them. She went back and got the doctor who came out and recognized me from a previous visit I had made a few days before at another clinic (the doctors rotate between clinics in this town). He said come on back, I sat down and explained to him the events of the last month, how things were getting worse and not better and when I was done telling him I demanded a chest x-ray which he agreed to so I could see what was wrong with my back, because by now my arms and hands were tingling and going numb and my back was so painful. He agreed to the X-ray and it was done. When he came back from reviewing the film he said “there is something horribly wrong”. He wasn’t sure what it was, but it appeared I had a grapefruit size tumor behind my breast bone and he wanted me to have a CAT scan the next day. The first week of February 2009, a month or more since my first visit to the ER where I was told I did not have cancer.
So I am still not sure what is wrong the Doctors had taken a toll on me by convincing me that I had an infection, but in the back of my mine I was tossing things back and forth in a struggle to decipher all that had taken place. This wasn’t cancer, because time and time again I was told it was not. Maybe it was a side effect from the antibiotics or maybe just some horrible infection or some other disease, from some exotic place I have been, like Brazil, Korea, or Serbia. I wasn’t sure anymore, I felt as if I had been pushed up against a wall by the medical establishment or some chain of unfortunate events had taken place. I went and had the CT scan and despite all that had transpired I still went to work the following day.
One of the doctors I had been seeing worked at the mill one day a week and was there that day. After I did my morning routine and came back to the shop area I was given a message that the Doctor was looking for me. I went down to see the doctor and as soon as I saw him he said “I don’t want to take away from Dr. Xx3 thunder (Dr. Xx3 was my primary physician), but you have Lymphoma. I said lymphoma how do you know that? He said that was from the CAT scan results, they believe you have Lymphoma. I turned around and left in shock.
I was already emotionally distraught now; I have been through a month of a living nightmare trying to find out what was wrong and now was just told at work that I had Lymphoma the same disease that had killed my brother a few years before. I had originally told them that the very first time I went to the ER and where they told me I didn’t have cancer. I wasn’t sure what to do. I went to my Foreman’s office and told him I had Lymphoma and that I was leaving. I didn’t even lock my locker I just grabbed my jacket and hat and left.
As I was driving home I called my wife and told her what had transpired. I told her that I was on my way home and that I needed to go to the hospital and that I couldn’t believe that I was told I had Lymphoma at work. April had just started a new job and couldn’t leave so I went alone. I went straight to Dr. xX3’s office without an appointment and demanded that he see me. By now I have lost 20 pounds, my back was painful and I was starting to feel that I would fall over dead at any moment. When I saw Dr. xX3’s he told me that he wasn’t completely sure that I had Lymphoma as I was a complicated case and that he wanted me to go see another doctor that was a specialist. So I went and met up with the other doctor whom I had never met before and he said that I had a grapefruit size tumor on my thymus gland, and some lesions in my lungs that didn’t concern him, because they were small, and some fluid in the lining on the lung as well as signs of some very small lesions on some other organs that didn’t concern him. He wanted me to have a Biopsy of the mass behind my chest and that Dr. Surgeon was available to do the procedure the next day.
I went down to see Dr. Xx4 and he told me what they would do. They would slice open my neck and run a tube down behind my breast bone, take some samples and in turn send them to the lab. The following day April still could not leave her job, she was still on her probation period and the only person I had available to go with me was my 16 year old son. We left early and I drove down to the hospital. They put me under and performed the Biopsy. When I woke up they were looking at me and told me you gave us quite a scare, you had stopped breathing during the operation. I asked if it was lymphoma and was told that we would have to wait for the lab results. I didn’t know at that time that they had already told my son that I had lymphoma. I went home and waited for the results.
A few days went by and I hadn’t heard anything; but I had finally stopped going to work, the pains in my body had spread to my legs, arms, hands and just about everywhere. I couldn’t sleep and could barely eat. I have yet to see an oncologist, because they were waiting for the results of my biopsy. I finally called and was told that the samples had to be sent to Mayo clinic, because the local pathology lab wanted to be sure what exactly it was that I had and needed clarification. I asked how long we were looking at and was told 2-3 weeks. My god I just couldn’t believe it, I told them I didn’t have that long and I couldn’t wait. The nurse told me she would call everyday, but I had no choice, but to wait.
I got so sick around the 5th of February and had my wife take me to the ER again. They started me on morphine and finally told me to stop taking the antibiotics. They took blood, urine and started an IV. They decided to give me another scan and when they came back from reviewing the evaluation of the scan the young doctor that looked to be in his early twenties told me that they couldn’t believe what they saw. The small lesions from just a few days before had turned into massive tumors, my colon was blocked, my kidney, my chest, my right lung, my abdomen were infested with massive tumors and the lining of my lung was filled with a lot of fluid, my tumor in my chest was now pressing against my spine and they found a football size tumor in my stomach and small lesions were showing in all other organs. As the young doctor explained he started to cry, he said I went to medical school for many years, but there is just nothing I can do for you.
I winced in pain and told him not to feel bad; “you just can’t fix everything,” a line that my dying brother had told me once when he was so sick, I was now using myself. I asked what he thought my outlook was, I asked if I could make it home. He said I don’t know if you can even make it to your car, but he did have a plan that he said may keep me going. He prescribed Morphine and massive amounts of steroids and told me that he would refer me to the Cancer Center. I was scheduled to see them the following Wednesday a whole 6 days or so away. I finally realized I was dying, I didn’t know if I would live long enough to make it to the cancer center and I was still waiting for the pathology report. I called my family to come join me in my last days.
I put my will together and had wife gather some friends to come over to witness it. I didn’t want to come out of the bedroom when they arrived, because I know I looked really sick and was embarrassed by it. I explained to them that I had cancer, that the law required that they read my will before they witnessed it and I didn’t know if I was going to die or not, but just wanted to make sure I had the will. I didn’t say much after that, I just wanted to get rid of the pain I was having, everything was swollen, my stomach stuck out and I couldn’t walk well at all. The only relief I would have was soaking in hot water, it somehow soothed me and I spent the better part of the weekend in the tub.
My family arrived and had to deal with my agony, I was in so much pain that I could not sit for long, but would pace back and forth like my dog did before he died several years ago, but somehow I made it through the weekend and finally to the appointment to see Doctor Oncologist. Dr. Oncologist wanted lab work and to schedule a PET scan, the first of some new terminology that I never heard before, but the machine wasn’t readily available. It was a mobile unit and wasn’t in town. I told him, please can’t you do something? I am falling off the edge of the world. He looked flustered, but jumped up and went out of the room and called somebody, after he returned he said “the best we can do is a couple of days,” he added “it looked like I had diffused large B-Cell Lymphoma.” He wanted to see me right after the PET scan. Dr. Oncologist also said, whoever put you on those steroids knew what they were doing. I now have a name to put on the tumors which are estimated to be about 20 pounds worth, but we still had to wait on Mayo clinic.
Since the PET scan wasn’t available for a couple days I went home to sweat it out and to my surprise I made it to the PET scan appointment, it was similar to the CAT scan, but they have me drink glucose syrup and injected me with a radioactive material, I had to wait for an hour then they performed the scan that took about 30 minutes. It didn’t take long for Doctor Oncologist to have the results and my wife and I went to see him.
Dr. Oncologist said the PET scan lit up like a Christmas tree, that I had cancer every where. He wanted a bone marrow biopsy right away. I will never forget that procedure; they take a long heavy gauge needle and press it into the bone. You are not given anything, but a little Novocain so you just grin and bare it. He had to press extremely hard and said “you have very strong bones,” as he tried to force the needle through my hip bone. I was very relieved once it popped through and could feel the suction as he sucked the sample out. (That was one of the strangest things I have ever felt). He then said “we need a piece of your bone” and knocked a piece off and sucked it out. He was concerned that I wouldn’t survive much longer; he said that we can’t wait on the Mayo Clinic any more; we had to do something right away, I remember the last question I had for him, what about my testicles, he said I am going to fix those. I originally wrote a list that I got off the internet of about 20 things to ask him, but I didn’t ask but the two questions. Finally after almost a month and a half I was to have chemo, but first had to have a port installed which I had done right away. This whole time period was a blur then and is still blurry and I have to refer to my notes to get it right; the next day I went in and had my first round of RCHOP. I was so ready for anything at this point, after they accessed my port I could feel it moving through my veins and to my surprise when they got to the Rituxin and it started pumping through I could see the tumors melting away and I could feel the inside of my chest collapse, which caused me to collapse with it and I couldn’t finish the bag, so I had to return the next day. But when I got home I was so relieved that finally the swelling in my groin area had melted away, this was a miracle. But we still didn’t know what type of Lymphoma I had; I was just relieved that some of the pain had diminished and was sent home to rest. The next day I went in and finished off the Rituxin and the other chemicals in my round of RCHOP and was sent home, but this was just the beginning.
Two days after receiving the RCHOP chemotherapy round Dr. Oncologist had me come into his office and told me that they received the answer from Mayo Clinic. He told me that I had Burkitt’s lymphoma and that is why the tumors spread so fast, because the cells double in size every 24 hours or less and RCHOP was not enough to stop the cancer. He said as soon as we can we need to give you a different kind of a treatment protocol and we have to be very aggressive about it, he handed me a copy of the protocol he would use, CODOX-M-IVAC-R (Magrath protocol) we can’t have any delays and you will have to have the highest doses that I can administer to you and as quickly as I can administer it, he wanted me to have a heart study done to see how much my heart could handle. He told me that it would not be anything like the RCHOP and the main goal was to kill every fast growing cell in my body, recover enough to do it again and again and again and that is how you take on Burkitt’s. Dr. Oncologist is a very direct man, his is a PHD and after looking at his resume that I found on line, I realized why they waited for me to see this man. He was the right guy for the job. He wanted me to come to the Cancer Center everyday for blood work so he could see what was going on a daily basis. He told me that you will not have an immune system for most of this time period and hospital stays would be a must, but he wanted me to stay home as much as possible, because hospitals are no place for a sick person. I was floored, I never heard of this cancer, I knew nothing about it, but I had only two questions for Dr. Oncologist, what were my chances of beating this? He looked at me and said very bluntly 50/50. I also asked how long have I had this cancer he told me about 30 days before the first symptom. While my brother and mother were in town, my brother installed a door on the basement; April sanitized the entire basement, set up a bed and TV for me down there and bought air purifiers. We were getting ready for a long run of dodging infections and a restful place for. I had a few days before I would recover enough from the RCHOP round and we were preparing for the battle. My brother bought groceries and a lot of ensure. My dad stayed after my brother and mother left to shuffle me back and forth to the hospital while April tried to maintain her job and my kids went about their daily routines. As I reflect back I don’t know why we did all these things, because there is no book to explain what a family should do to prepare for a battle with Burkitt’s. I for some reason thought this would all be over in a few weeks one way or the other. At the time I just didn’t know what was to come, I searched for answers on the internet, but only found a lot of information that was hard to find and confusing. I was confused; the steroids had taken me places in my mind I had never ventured into before. My emotions were now a roller coaster. I wanted to get back to work so I could continue to provide for my family, but that would not come so easy.
Now the treatment process begins. Bone marrow biopsies, eight chemotherapy Intrathecal Injections, 350 plus bags of antibiotic’s, fluid’s, nutrients and chemo, 8 blood transfusions, many platelet transfusions, more prescriptions than I can remember. I was treated with 4 rounds of the Magrath (CODOX-MIVAC-R) Protocol and spent about 70 days in a hospital bed off and on and I lost nearly 55 pounds. Following this I was treated with 17 rounds of radiation, which wasn’t as easy as it sounds or I was told it would be. I have had many side effects from these treatments, including getting neuropathy so bad I couldn’t feel anything from the knees or elbows down, but some of this may have resulted from the cancer pressing against my spine. Somehow I survived all of this.
Getting ready for work
After returning to work two weeks out of chemotherapy and still going through radiation, to my surprise my company didn’t really want me there
After 4th round and radiation
unless I could work 12 hour shifts. This in it self is a long story and eventually I ended up getting help from the HRB. The company sent in there side of the story, but I can’t share that, but here is my rebuttal to there letter.
Some of this may sound trivial, but this is just what I had to defend myself with. I wish I could publish their letter. The only purpose of their letter was to get may complaint thrown out.
12/10/2009
XXXXXXXX
Investigator
Montana Human Right’s Bureau
P.O Box 1728
Helena, MT 59624-1728
Re: Rebuttal Jeffery Runyan v. XXXXXXXXXXXX
HRB Case No. XXXXXXXX
EEOC Case No. XXXXXXXX
In response to the Statements Submitted by my Employer XXXX_XXXXX Corporation in both their letters, I submit the following in rebuttal.
XXXXXXX letter: It is correct that the statement that I was hired in June 2008 is correct and 2007 was a typo in the original complaint that I did not catch.
It is also true that after obtaining permission I did make a visit to the mill on March 31st at about 9: AM when I was between chemo-therapy treatments, during the visit many of the employees asked questions about my treatment in which I openly explained what I had been going through. Originally I was told at work that I had Cancer by the Doctor that was at the facility that day, I was not prepared for this and had an emotional break down, told my Supervisor and left. I did have a password protected website that discussed my condition that subsequently got posted on the company bulletin board by one of the Supervisors’ I had given the password too, again that was before all this happened but when this was discovered the password was promptly changed. I did not give permission for the Company to pass out any of my Limitations at this time and I did not know what they would be. I am disheartened that they feel this is a reason to give out my accommodations to my fellow co-workers after this visit in March 2009 and the fact is I didn’t return to work until June 1st 2009. But to be sure everyone at the Management Level was aware that I was being treated for a very aggressive Cancer.
It is true that I returned expecting to be able to work full-time while working through my radiation treatments and had turned in a Doctors note stating that, and also explaining that I was going through radiation treatment for aggressive wide spread Burkitt’s Lymphoma. This note was dated May 27th 2009 yet the Company doesn’t acknowledge this was turned in. This note clearly explains I was being treated for Aggressive Wide Spread Lymphoma (Cancer). I had also turned in a note dated 5/28/09 from Montana Cancer Specialists. Stating I was to be on half days June 1-June 5th and on light duty June 8 on going full days.
(Please see Exhibit A and B.)
The Company did allow me to work during Radiation treatments and I was working an 8 hour schedule because I had to be at the Cancer Center shortly after 4 PM to receive treatment.
Upon my return to work on the 1st of June the Company did allow me to work half days but not on a special light duty schedule. I worked a normal work routine and on the first day back was assigned Steam and Sewer Conductivity Maintenance. The Conductivity Maintenance involved working with sewer and steam conductivity probes and repair as required. I was never given a different than normal schedule as stated other then half days and this can be verified by the maintenance scheduling for that week.
(Exhibit C.)
Following my radiation treatment I received another Doctor’s note and promptly turned it in. It stated I was to work light duty limited to eight hour days for the week on June 22.
June 22, 2009 I was allowed to work 8 hour days but again not on any sort of special schedule rather then a normal maintenance schedule which can be verified by the maintenance scheduling.
On June 29th the Company scheduled me for four 12 hour work days. I attempted to work the 12 hour days but found that because of my treatments from Radiation and Chemo-Therapy I could not and I complained to XXX XXXXX about the Burn’s that I had received from the radiation, XXX XXXXX is a E & I Forman that I frequently work for. The Cancer treatments were causing me great distress as I explained to XXX. I had also complained to a Union Shop Steward that 12 hour shifts were kicking my butt and he said that it’s hard on a well individual to do. I complained to many people yet was still forced to do the 12 hour shifts, I further informed my E&I Supervisor XXX XXXXX on July 2nd that I couldn’t do the 12 hour’s but he did nothing, so I told him I would have to see a Doctor on my day off. Because of the 12 hour shifts I did not have adequate time to reach my primary Physician. I did call several times and he did write a note but I never had time to go retrieve it. I ended up working more than 50 hours that week in four days. Because I did complain a senior Union member complained to HR about my complaining about working the 12 hour shift and this is confirmed in the My Employers letter as described below.
(Exhibit D)
On or about the July 3rd
On my day off I obtained from Now Care Downtown a note that states “Patient should not work more then 8 hours a day until further notice from healthcare provider. Any questions or concerns please call.” Signed by XXX XXXXX, DO. The Cancer Center was closed and I could not pick up the note that Dr. XXX XXXXX had written me. I emailed the note that I received from Now Care Downtown to XXX XXXXX and XXX XXXXX at their mill email addresses after I had spoken with XXX XXXXX on the phone, XXXXX is an acting Forman and was my Supervisor that week because I was on shift I was working under his Supervision, XXX was my regular Supervisor. I needed the Company to know that I couldn’t work the 12 hour shifts and that they could have time to schedule someone else the following week. In the Company’s letter they state on page 2 of their letter I turned in a note on July 3rd that limited me to 8 hours work to be re-evaluated in one month. This statement is false and that I emailed the note that I received from Doctor XXXXX to XXXXX. They could not have received the Mill’s Physician assistant note dated July 3rd 2009 on the 3rd because I was not at the Mill on July 3rd and XXXXX XXXXX the Mill Physician assistant (whom I believed to be a Nurse Practitioner) only comes on Tuesday’s. This is easily verified as I still have the email.
(Please see exhibit E, F)
The Company letter states on page 7 that my Supervisor XXXX XXXX did talk to the Nurse Practitioner about needing a time frame on my restrictions in order to accommodate me. I never gave XXXX permission to talk to any of my physicians nor did I sign a written release for him to do so, and I did not give the Nurse Practitioner permission to talk to XXXX about my condition nor did I give her written permission to do so. XXXX did obtain a modified note from the Nurse Practitioner and it was back dated to the 3rd of July 2009 my day off and time stamped 9:26 AM more than 2 hours before the note I received from Dr. XXXXXX on the 3rd of July. I was not afforded the opportunity to obtain a note from my Oncologist. The note from Dr. XXXXXX was obtained because I could not obtain the note from my Oncologist because the cancer center was closed and Dr. XXXXXX was available. Later that week I did finally receive a note from Dr. XXXXXX my oncologist.
If you look at the note signed by XXXXXX you will see that it was dated July 3rd, 2009 at 9:26 AM. I never saw XXXXXX on the 3rd of July and was off that day. They back dated the note from the 7th and gave it to XXXXXX and he turned it into HR. This I consider a form of discrimination, when I reported this action to the HR they took no action and don’t even include the meeting we had in their statement.
(Exhibit G)
On or about July 7th 2009
I was called into XXXXXX office without a shop Steward and my notes of this meeting are attached. This meeting was not mentioned in their statement.
(Exhibit H)
On or about July 9th
We had a meeting attended by me, HR Manager and my Supervisor. My notes on that meeting are attached. Again this meeting was not mentioned in there statement.
(Exhibit I)
On or about Aug 12th 2009
We did have a meeting and for the most part their statement is true however they called me in without union representation. I did not recall the statement said by my co-worker but did recall saying to people that shift was kicking my butt, including XXXXXX and that I would seek to get a Doctor’s exemption from it because of the Burns and Neuropathy I developed, I was in so much pain I could barely walk and the only way the Company would let me out of it was with a Doctors note. I did go on to say that had I even made that statement it would have been true because I hated the shift because it was making my medical condition worse. Further they state that this was said most likely in July. But yet he waits until august to bring this up.
On or about Aug 31st 2009 at 15:52PM
XXXXXX called me into XXXXXX office and told me that I needed a new Doctors note, and told me to give it to HR but this time they want a specific time and date as to when I would be better. So they can meet it head on and take it to the standing committee if need be. Afterwards I did obtain a new note and turned it in.
(Exhibit J)
On or about September 10, 2009
The Company did call me in again without union representation.
We did discuss my new Doctor’s note that XXXXXX wanted me to get to which I did and turned it in. They said I was opposed to providing any information to the union in their statement. What I did oppose was providing information to my co-workers. And I turned in a letter stating that I wanted them to follow the law with regards to my Doctor’s notes and letters. They did give me a copy of the Companies substance abuse program because they noticed I was visiting a pain management Clinic that was on the heading of my doctor’s note. They Highlighted the Portion that States that it was required to turn in my prescriptions should they cause me to not work safely and put a tab on it. HR told me they would give me a urinalysis test if there was a certain trigger and that I needed to turn in a list of prescriptions to the nurse. I told them that my doctor would not have allowed me to work or provide the note with my limitations if he thought I couldn’t work with these prescriptions. However I did obtain a list of these prescriptions in a letter from my doctor that did explain that they would not affect my performance or my ability to work safely and promptly turned it in to the nurse. I felt this to be harassing as well.
I would like to see how many other individuals in similar circumstances had to turn in their prescriptions.
(Exhibit K, L, M)
October 23rd 2009
Had a meeting with HR Rep, and my union representative and I, however the Company fails to mention we ever had this meeting. On or about the 23rd of October 2009 at approximately 8AM the above named people had a meeting. I told grace that my doctor Dr. XXXXXX D.O would like me to work reduced hours or part time because he is concerned that I am not meeting my medical obligations and medical goals. I asked Grace if the Company could accommodate me with a reduced schedule or less hours or be more flexible. She said not without a doctor’s note, but even then it would be the Companies view that the Doctor would have to come up with 2 or maybe 3 plans. I said I had a note and I let HR read page 2 where it stated the facts that I have mentioned above. HR said she would need more specifics as she already stated with 2 to 3 plans. I then asked HR if she meant that if I asked for an afternoon off a week that the company wouldn’t do it. She said it would look like we were giving you special treatment. I then asked if I could be assigned a buggy or golf cart for the paper machine area. She said it would require a Doctor’s note, stating I required a motorized transportation. I told HR that I had already turned one in. She said you did? And I said yes. (We had already discussed this on September 10th 2009 as the company states in their letter). She said she would have to talk to my supervisor XXXXXX. I then asked if I could come in at 7 AM on Tuesdays and Thursdays, I have physical therapy on these days at 4 PM. She asked if it would affect anyone and I said no. HR then said I would have to bring in a note to verify the schedule. Which I did as explained below.
On October 27th
I turned in two notes a letter from my doctor and a letter from my physical therapist. I told a Senior Union member that I was turning in these two notes, but the Company only includes the one note from my Physical Therapist. And they did not schedule me at 7AM to 3:30PM and didn’t advise that I could come in early until the very last day of the program. This can be easily verified by checking the company scheduling.
Copies of these two notes are attached.
(Exhibit N, O)
On or about November 9th 2009
Turned in Doctor’s note from Doctor XXXXX, although I explained what the HR department wanted, Doctor XXXXX wrote what he wanted.
(Exhibit P)
On or about December 2nd, 2009
XXXXXX, HR, my union representative and I did have a meeting and for the most part what they have written is true except they didn’t include the statement that I said I have not been able to use the buggy because I could not find it. My Union representative later told me that he spoke to XXXXXX about the Buggy and the reason I couldn’t find it was because my fellow co-workers had been parking it in places where I wouldn’t be able to find it. Although it was requested that I have a go-cart (Golf Cart) for distances for more than 100 yards in a doctors note and personal requests I turned in back in September I generally had not been afforded the opportunity to use it. But I am grateful that Louis Presta gave up his buggy (Golf Cart) for me to use shortly after this meeting. They also did finally grant the accommodation that my doctor required that I work less than 5 days a week that I requested in October.
The buggy issue came about when a fellow co-worker yelled at me one day in front of another co-worker for using the buggy so I had to turn in a request in writing back in September but still never was able to use one until now, even after Doctor’s request that I be able to use one. The Mill has many of these Buggies (Golf Carts) because of the long distance between work sites.
(Exhibit Q)
Summary of the facts
The Company has acknowledged and substantiated my charge of discrimination.
In the fact that XXXXXX spoke to our Physician Assistant about modifying my restrictions and this happened on or about the 7th of July 2009. I did believe XXXX XXXX to be a Nurse Practitioner.
Mr. XXXXXX did speak to the mills physician assistant about needing a timeframe on the Complainant’s restrictions in order to accommodate the Complainant. Mr. XXXXXX believed this was necessary because the Complainant had a doctor’s note with restriction of only working eight hours per day, but there was no timeframe or ending date on this note. Mr. XXXXXX knew that an indefinite timeframe on only working eight hours per day was generally not acceptable to the Company, so he asked Mr. Runyan to have the mill’s medical provider indicate a timeframe as a point of reference.
The underlined statement above is false; my supervisor had already obtained the note by the time I arrived in the Nurses office. And never did I give XXXXXX written permission to talk to any Medical provider. If I had turned this note in on the 3rd as they state in their letter then why did this note change happen on the 7th of July 2009. They forced me under duress to agree to these modifications only after it was done and this is what I recall with the best of my knowledge. This could be verified by asking the individuals who were there.
The Company has acknowledged in their letter that my charge of discrimination is substantiated in the fact that HR did disclose to the Union Representative who told my fellow co-workers I was receiving an accommodation. I never gave permission to disclose to my co-workers that I was receiving an accommodation. And they confirm in the letter I was opposed to it and did it anyways.
Page 7 of the Company letter;
“The effected co-workers accepted the situation when they understood an accommodation was granted and no grievance was filed. Also, the complainant discussed his personal medical condition with several co-workers before he returned from a leave of absence on June 1, 2009.
Questions and Answers about Cancer in the Workplace and the Americans with Disabilities Act ADA Chapter 9.
The ADA prohibits an employer from telling co-workers that an employee is receiving an accommodation and this amounts to disclosure of the employee’s disability. Rather than disclosing that an employee is receiving a reasonable accommodation, the employer should focus on the importance of maintaining the privacy of all employees and emphasize that its policy is to refrain from discussing the work situation of an employee with co-workers. Employers may be able to avoid many kinds of questions by training all employees on the requirements of the EEO laws, including the ADA
As they state I did discuss my medical condition before returning to work but that was in March 2009 more than two months before I returned to work, and at that time did not know what accommodation I would need and I never discussed that with affected employees after my return, nor did I show them my doctors notes. This can easily be verified by interviewing the people that were at the visit in March. Plus I did not receive my first doctor’s note until May 27th 2009. This is not giving the Company permission to pass out my accommodations. This statement alone verifies my complaint that the company and a Union Representative told my fellow co-workers that I was receiving an accommodation and had medical restrictions.
Had I disclosed this myself then why did they need to do so? And my conditions are results of side effects that are developing as time goes by and I do not know when they will subside.
The Company has also included in their letter statements from my fellow employees that substantiate my charge of harassment, but I would like to state that this was a one sided investigation.
For example Lead Electrician XXXXXX acknowledges that he said I walk like a Duck, but states that we were talking about hunting. XXXXXX actually said I see you still walk like a Duck. This was not a kidding exchange by co-workers. I don’t believe that Mr. XXXXXX has any specialized training in body language or hand movement or has the ability to read minds to see if I was upset. Further XXXXXX has been on occasion assigned as my Supervisor and quite frankly I was very upset and emotionally traumatized by the remark. Further Mr. XXXXXX said this in front of my Supervisor XXXXXX yet XXXXXX apparently did nothing or said anything to XXXX or perhaps didn’t even hear it but I thought he had. XXXXXX did say that I walk like I was wearing clown shoes and when I confronted him with the remark he did say “so sue me”. He said this while I was working in the New Wash building in front of the operator’s that day. Perhaps John simply doesn’t remember the remark. Perhaps if investigated the operator’s that day may remember this conversation. That was on or about June 19th 2009.
The company says I didn’t report this to my Supervisor, XXXXXX is a supervisor at times and said the one comment in front of my Supervisor. I was afraid of retaliation and feared for my job.
The Company also states in their letter that the first step is to try to make the harassment stop by confronting the individual, I did confront the individual and I thought that the harassment would curtail.
As far as XXXXXX and his harassing comments. Mr. XXXXXX harassed me in front of the entire E&I staff at a Tuesday Safety meeting. Based on the Companies investigation my charge is substantiated that Mr. XXXXXX confirms that he said the eyebrow comment. However what was actually said on or about June 1st at 7:26 AM by Mr. XXXXXX is that Jeff, did you know you don’t have any eyebrows, and that is all that was said and he promptly walked away. It was my first day back and I was quite upset, and shortly after looked in the mirror to confirm that I indeed did not have any eyebrows. I also would like to see Mr. XXXXXX’s training in body and hand movement and his ability to read minds to see if I was distressed or not. The Company letter states that I never reported harassment or these comments to management. Then why does their letter state that I did report harassment to management and I did follow the procedures but still it did not stop. Although Mr. XXXXXX and I disagree as to the nature of the conversation he still admits the comment was said.
Further the Company states that when these statements are put in proper context they consider them “immature and boring”; does this statement not prove the fact that the company considers harassment “immature and boring”.
The harassment policy states that harassment is: Verbal conduct such as gender-based epithets, derogatory comments, slurs or unwanted sexual advances, invitations, or comments. Yet they consider these derogatory comments that attack my physical capabilities and physical appearance as “immature and boring”
Yet they are not the ones that have Cancer, or have been subject to high dose chemo, radiation and surgeries and dealing with the side effects of this treatment that apparently make me walk like a Duck and have no Eyebrows.
(Exhibit R)
This is only a portion of the harassment that I received when I returned to work. I did try to correct the situation by keeping Management informed; ignoring it or confronting the individual but still the harassment did not stop. I am and was in such a weakened state, from fatigue, stress and fear that I felt my only course of action was to ask for assistance from the EEOC.
I spoke to my Primary Physician about the Doctor Notes my company required and the stress I was under and he stated that “they are trying to make you quit” my spouse was with me at the time and can verify my duress. I had another physician ask me if the Company was harassing me by the many notes they were requiring me to turn in. And I can easily verify this.
I have filed an additional charge through the EEOC and that charge is pending further action on my part. The Case that is currently in question was transferred to the Human Rights Bureau because of the Work Sharing Program and perhaps a faster resolution and was amended to include state laws. The Company asks why? My only statement I have is Cancer in the Workplace.
The Company has provided many statements that include Union Contract language that they say is the most scrutinized. Perhaps the least scrutinized but most important is Section 43.
Section 43 of the Union Contract: NON-DISCRIMINATION
43.1 The Company and the Union agree there shall be no discrimination against any employees or applicant because of race, religion, sex, national origin, or disability as provided by Title VII of the Civil Rights Act of 1964, Americans with Disability Act and so on.
This section of the contract was put in for a reason, the reason and intent is to protect and abide by the provisions of the acts and to protect individuals in my situation.
(Exhibit S)
I did not follow the Grievance Policy because of the following reasons. I could not meet the 5 day time line. XXX XXXXX the Union Rep was in disagreement with me, and the Company was in disagreement with me, and it is my right to report what I feel to be violations of the ADA.
My closing statement.
I read all the case laws and opinions and things greater then my charge that have already been determined. I simply would like to know if my rights have been violated.
And I believe that section 43 of the Union contract is very important and pertains in this case and out ways the Sections that the Company has noted.
I do recognize that the Company has made efforts and did eventually make the reasonable accommodations that my doctor’s requested. Although slow and long waiting periods which caused me pain and stress that otherwise could have been avoided with greater speed and efficiency.
I feel that the only protection I have is the ADA and feel that my only course of action was to be protected by this law. I believe that this charge should not be dismissed, but investigated to see if the Company has violated my Rights and I believe that the rebuttal I have submitted shows a different side to the situation in a perspective of a person trying to survive cancer while trying to maintain a somewhat normal life style and not join the ranks of those on Disability or public assistance unless absolutely necessary. With this said I am still willing to mediate this situation should the Company chose to do so.
Sincerely,
Jeffery Runyan
List of Exhibit’s;
A: Letter from Doctor XXXXXX Dated May 27th 2009 turned in the same time as the below note..
B: Return to work restrictions from Montana Cancer Specialists. Dated 5/28/09
C: Work Schedule Dated the 1st of June 2009 my first day back.
D: Work restrictions Dated July 3rd from Montana Cancer Specialists.
E: E-mail sent to my Supervisor XXXX and XXXXX on the 3rd.
F: Attachment that was sent to XXXXX and XXXXX on July 3rd, 2009.
G: Note that My Supervisor turned in to HR on July 7th from XXXXXXX July 3rd 2009.
H: My notes from the meeting on or about July 7th 2009.
I: My notes for the meeting on or about July 9th 2009.
J: Note I received from the Pain management Center that XXXX requested.
K: Attached is the original substance abuse program page with the high light and tab that the Company gave me.
L: The note that I received from Dr. XXXXX pertaining to my prescriptions that I received following the Company meeting with I the HR department and XXXX XXXX that I turned in to the Nurse.
M: Letter that I turned in requesting the Company follow the law in regards to my Doctors notes.
N: Letter from my Physical therapist that I turned in with O below.
O: Letter that I let XXXX read at our meeting on or about the 23rd of October.
P: Letter that I turned in from Doctor XXXXX.
Q: Letter requesting that I be able to use the Buggy.
R: Company Harassment Policy
S: Section 43 of the Union Contact. NON DISCRIMINATION.
After my condition deteriorated from all the treatments and physical changes around Dec. 2009 almost exactly one year from the date of my first symptom Smurfit-Stone announced they were going to be shuttering the Mill. Smurfit Stone Mill closing.
So all that they did to me was for no rhyme or reason other than to make a cancer patient as miserable as possible. In the end the Human Rights Bureau found in my favor.
The toll was horrendous, the radiation, the chemotherapy the stress and the side effects were more than I could bare and my Doctors decided I could no longer work and finally said that awful word “Disabled”.
Fighting Back
In March 2010, I was asked if I wanted to participate in a challenge, to swim a mile as one leg of a triathlon. So, I trained and I worked hard with Physical therapy and after all was said and done, I swam the mile, numb hands and legs and all, I was dead last and ran out of time, so the time keeper was yelling for me to get out of the pool, I thought I might drown, but the cheers of my friends and family yelling for me to keep going drowned him out and I made it and I never touched the bottom, but this was one good day out of many bad days.
Choosing Action Cancer meets its match.
November 2011. After every scan came back clear for two years my scan on Nov. 2nd 2011 came back positive. There was an area around my only tonsil that lit up the PET scan. My ONC referred me to an ENT and he suggested surgery. He said that is the only good way to biopsy that part of your mouth. So I had surgery and they cut a pretty good portion of my mouth and throat out including the tonsil. They tested the tissue and it wasn’t cancer. The thing about PET scans is they can detect Burkitt’s really well, but at the same time any areas that are producing energy or showing any Hyper-metabolic activity can show positive on a PET scan since PET scans measure Metabolism. Hyper-metabolic just means those cells are metabolizing more sugar then normally. Burkitt’s cells have a much higher metabolic rate then healthy cells. That is why a PET scan is really good at finding Burkitt’s. Places in the body that might be fighting an infection also can have a high metabolic rate as well as areas with disease, basically any inflammation can show increased up take. The way I understand up take is the amount of absorption of the Radioactive glucose they gave you an hour before the scan. Burkitt’s cells have a very, very high up take. I’m not a radiologist or even in the medical field; this is just what I think I know from going through about a dozen scans after getting sick from Burkitt’s. See how much I have learned in two years?
Watch a video on my biopsy healing process by clicking here.
Some Oncologists say that follow up scans are a waste of time and money, because you can come down with Burkitt’s between scans, some don’t share this view. I agree with the ones that think routine Burkitt’s screening is good to do. I know someone that had a routine scan that came back positive after being in remission for more than two years. It turned out to be Burkitt’s and they were treated with a Stem Cell Transplant and are doing fine today. Had they not had the routine scan this may of had a different outcome. In my case the tissue was not cancer, but what if it was in some stage of morphing into something serious? I think if there is a chance of catching a Burkitt’s lymphoma relapse early on it is a good thing, time is limited when your only option is a transplant.
The Burkitts Lymphoma Society
The Burkitts Lymphoma Society started while I was in the hospital, I couldn’t find people that had the same disease. I only had use of my index fingers at the time because of neuropathy and started typing and made a on line chat and called it the Burkitt’s Lymphoma Society. Here is a short story of how it came about that our local paper did. I can’t take any of the credit for myself. I have made little contribution. It wouldn’t be here if people were not willing to share. Click the link to go to the story.
How the Burkitt’s Lymphoma Society came about.
Here is an example of how it has made an impact.
Click the link and read the story.
Heath Consultations Via. Tweets
On Nov. 30th 2012, I was told by my Oncologist that my latest PET scan was clear and there would be no need to come back unless I thought I was having a relapse. He said that the possibility of relapse at this point was very remote. After the appointment it took me awhile to digest this. About 4 hours later it finally sunk in, after 3 years and 4 months to the day, I graduated from the cancer center.
Aug. 23, 2013.
I am moving on from cancer.
I can tell you it is emotionally devastating to have cancer, and then the side effects then to find out you are financially ruined and have to start completely over from scratch at the age of 51. We did manage to save the house and my old truck with over 200K on it and bought a used old car with some of the money we got from the car we sold. It takes a lot to muster to do the paperwork and ground work, thank goodness my wife was able to do that.
I just was able to start working again in Feb. this year after a failed attempt when I first finished chemotherapy with my ex-employer. And another failed attempt in 2011 from the PET scans Surgery and infections. I had to start my own business, because I couldn’t get anyone to look at hiring me for work I might be able to do with my limitations. Even then it has been harder than I ever imagined. My feet are deformed, mainly my right foot, my back and legs still have severe pain, but epidural injections seem to be helping that, thank goodness, and my hands and legs are still numb and tingle, cramp and twitch and hurt. I can’t take a step without pain and that is only the half of it. The radiation treatments seem to have left me with some unique issues where I have to plan my travel around restrooms and to top it off I have this constant ringing in my head. But despite how bad that all sounds it is better than before and thanks to some old friends they are finding work for me where I can do what I can and set my own hours at my own pace.
I got sick at 46, it has been nearly 5 years and one rough road with lots of ups and downs and stress. The one thing that has helped me the most is the Burkitt’s Lymphoma Society Support group on Facebook and all the people I have met there, it has been so therapeutic and so uniquely helpful to my well being that I will never be able to explain just how it has affected me and made me want to keep pushing forward.
Keep faith, when it looks bad dig your heals in and push forward, it is all anyone can do.
In 2020 Jeff was diagnosed with stage IV Anal Plastic Large Cell Lymphoma, more to come in this story.
Jeff_R_@live.com
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