Chicago Injury Law Blog

The 6th Circuit Court of Appeals recently upheld a jury verdict of $3 million awarded to a welder injured by welding fumes.  The focus of the appeal was expert testimony by Dr. Michael Houston, who  stated that the plaintiff's pulmonary and respiratory problems were caused by inhaling welding fumes. The expert further testified that the plaintiff would need to be retrained to work a job in an irritant free environment. 
This is one of the few welding fume cases that the plaintiff was successful. It is interesting to note that the plaintiff focused on exposure to welding fume chemicals other than manganese. 

Read the full article at LexisOne.

Posted In Welding Fume
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"The second lawsuit in six months against welding-rod makers began on Tuesday in federal court in Cleveland with lawyers again arguing over who is to blame for neurological problems suffered by welders.

In a lawsuit that is being watched closely by the welding industry, two South Carolina men sued five companies, including Euclid-based Lincoln Electric Holdings, claiming the fumes released by welding rods the businesses manufactured caused the men to get sick.

About 3,800 similar cases from across the country were consolidated in U.S. District Court in Cleveland. Judge Kathleen O'Malley presided over the first case, and the second is also in her court."

Read the full article at Cleveland.com. Posted In Welding Fume
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A New York State jury returned a verdict of $3.5 million to the Estate of a man exposed to asbestos found in welding rods. Unlike the majority of welding fume claims, this case involved the asbestos exposure from the welding rods, and not the manganese exposure. The asbestos related injuries are easier to prove, thanks to the years of asbestos litigation and scientific studies.
Parkinson's Disease and Parkinsonism are non-asbestos related injuries. The Parkinson's cases are based on the exposure to manganese and other elements in welding fume, not asbestos. The judge heading the welding fume MDL recently allowed evidence and expert testimony regarding the link between welding fume and Parkinson's. However, the plaintiffs in the early welding fume cases have had difficult proving their burden in the initial cases. Continue Reading Posted In Welding Fume
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In the first of four bellwether federal trials, an Ohio federal jury on June 27 found that four welding rod manufacturers did not distribute defective products or fail to warn a former welder of the alleged defects. The case originally started in Texas, but was later sent to the MDL in Federal court.
For those keeping score, that is 11 defense verdicts in 12 tries.  The cases being tried at the federal level are agreed upon by both sides, so the best plaintiff's cases are not going to trial.  In fact, a case settled on the eve of trial earlier this year. 

Read more at Law.com here. Posted In Welding Fume
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SPRINGFIELD, Ill. — The Illinois Supreme Court announced March 29 that it will not grant a defense motion to appeal a $1 million judgment, which means a December appellate panel opinion affirming failure to warn and failure to investigate causes of action against the welding defendants will stand (Lawrence E. Elam v. Lincoln Electric Co., et al., No. 102015, Ill. Sup.).

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The federal judge overseeing the Welding Fume MDL in Cleveland, Ohio, recently ruled to allow evidence and expert testimony linking welding fumes and Parkinson's Disease. Defendant companies have long argured that pinpointing the origin of neurological diseases such as Parkinson's is difficult, and to say that welding fumes is the cause is impossible.
However, it has been known since the early 1930's that manganese causes specific neurological disorders such as manganism and Parkinson's Disease. It is the manganese inhaled in the welding fumes that has effected potentially 500,000 welders nationwide.

Posted In Welding Fume
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