Welding
Welders are at higher risk of occupational injury because they are continuously exposed to superheated metals. According to the Federal Centers for Disease Control and Prevention, a major risk health involves for the workers whose work includes exposure to manganism and manganese poisoning created by welding. These fumes cause damage to certain part of brain controlling body movements leading to impaired balance and slowness, trembling in the face and limbs and stiffness. Due to this reason manganese is often linked to Parkinson’s disease, Lou Gehrigs and multiple sclerosis.
Welding Rod Litigation
According to welding rod litigation, occupational exposure of welding fumes causes diseases like Parkinson. Occupational manganese exposure causes manganism, which is commonly known as welder’s disease. As symptoms of manganism are similar to Parkinson’s disease, it is often known as Parkinson’s disease. Loss of balance, hand stiffness and pain, tremors, sterility men, rigid muscles or decreased movements, shakiness and slow or slurred speech .There are approximately 3800 law suits filed against manganese exposure.
Welding Rod Litigation and Controversy
Welding rods are new asbestos. In the past few years there have been increase in the welding rod litigation .It is because of the serious health problems that workers are facing due to occupational exposure of welding rods. The welding rod industry denies these allegations claiming that welding rod fumes are not responsible for Parkinson’s and manganism. Welding rod industry has gone to the extent of conducting their own study to prove that welding rod fumes are safe for welders.
The welding rod industry has conducted many studied to prove that welding rod fumes are safe and non-toxic. According to these studies fumes do not cause deadly and chronic disease like Parkinson and manganism. However, according to the study published by the National Electrical Manufacturer’s Association, manganese is a toxic byproduct of welding rods. Moreover, welding industry claims that majority of the cases of manganism occur in third world countries.
Thinking of Workers Affected by Welding Rod Exposure
Workers’ suffering from manganism and Parkinson disease thinks completely differently. In litigation filed against welding industry, workers claim that the industry was not aware of the hazardous effects of welding rods and manganism.
The cases filed by workers are more complicated because incubation period of manganism is slow and most of the times it is mistaken for some other disease and thus misdiagnosed. However, workers are filing mass district litigation in the district court of Cleveland, Ohio, United States
Those who have inhaled welding rod fumes and have been suffering from Parkinson’s or manganism should immediately consult a doctor. You should consult an experience lawyer for filing welding rod litigation against the industry. If your lawyer suggests that your case is strong, you may be awarded with compensation for the damage of your health, pain and suffering.
The original Welding Rod Case
The welding industry has been continuously defending against welding rod litigation but it faced a serious blow in March 2006. The industry failed to overturn a welding rod case in the Illinois Supreme Court. The case was landmark in the history of welding rod litigation as the judgment was delivered in the favor of welders . In this case welders claimed that welding rod exposure leads to manganism and Parkinson’s.
The Case
There have been many welding rod cases producing multi million dollar settlements. However, the original case was the landmark in the history of welding rod cases as it was the only verdict given in the plaintiff’s favor. The case was filed by a 64 year old Illinois worker who was in the welding profession for 30 years. Due to the prolonged exposure of welding rod fumes, he suffered from neurological damage. The case entitled Elam v A.O. Smith, awarded Jack Elam a compensation of $ 1 million for welding rod associated Parkinson’s case. According to the jury A.O.Smith did not provide the plaintiff with adequate safety equipments and warning against the dangers of welding rod fumes.
This verdict brought a wave in the welding rod litigation cases because now the attorneys were aware that it was possible for the plaintiff to be awarded in the cases related to welding rod exposure.
The defendant in the above mentioned case appealed that safety warnings were given to the workers against the dangers of welding rod fumes. But the 5th Appellate Court of Illinois discovered that the company failed to warn the worker awarding him $ 1 million verdict. The company filed second appeal in the Illinois Supreme Court. But t he verdict was again given in the favor of Jack Elam.
The case brought back the hope for welding workers who have filed litigation against the welding rod company. These plaintiffs are the workers who have been suffering from Parkinson and manganism.