Archive for the ‘Law’ Category
Dangers Associated With the Welding Profession
With construction accidents on the rise over the last few decades, the U.S. Department of Labor (DOL) specifically focused on those in the welding sub-profession of construction to find an alarming increase in accidents and death among welders. According to the DOL, from 1992 to 2001, the death rate of a welder increased by 68 percent of all construction workers represented.
If an employee currently works, previously worked, or is in an area where industrial welding is being performed, chances are the employee was exposed to welding rod fumes. Recent medical research suggests that exposure to welding fumes may lead many health problems, including two serious illnesses, Parkinson’s disease and Manganism. There are many court cases pending regarding this exposure, the hazards involved and the health impact on employees.
For example, in early September 2005 a Mississippi shipyard worker who claimed his neurological problems were caused by inhaling fumes from welding rods concluded his lawsuit by settling with the final two welding company defendants in his case. The worker’s lawsuit against the two welding manufacturers was scheduled for trial the following week. The lawsuit was settled for more than one million dollars.
As stated, the two diseases most commonly reported in medical research from the exposure to welding fumes are Manganism and Parkinson’s disease. A description of each of these diseases follows:
* Manganism, also known as secondary Parkinsonism, is a condition that develops when excessive levels of manganese injure that portion of the brain that controls body movements. Symptoms of this condition include fatigue, headache, slow or slurred speech, poor memory, impaired balance and tremors, delusions and hallucinations, disorientation and/or difficulty walking.
* In addition to Manganism, recent studies have found that exposure to manganese fumes is associated with the early onset of Parkinson’s disease. In fact, research conducted at the Washington University School of Medicine found that welders developed symptoms of Parkinson’s disease an average of 15 years earlier than the general population.
Many motor system disorders are caused by the decrease and eventual loss of brain cells that produce dopamine, which is imperative to the body. Of these diseases, Parkinson’s is classified with these disorders. Of the four main symptoms of the illness is a seizure or tremble like movement that often occurs in the face and appendages including legs, hands and arms; rigidity, or stiffness of the limbs and trunk; slowness of movement; and balance as well as poor or wavering posture and coordination are among the other symptoms. As these symptoms become more pronounced, patients may have difficulty walking, talking, or completing other simple tasks. Early symptoms of the disease are subtle and occur gradually. Other symptoms may include depression and other emotional changes; difficulty in swallowing, chewing, and speaking; urinary problems or constipation; skin problems; and sleep disruptions.
It is advisable that legal consultation is sought out by those who have been or currently are working as a welder or for those who may have been in the area where welding has occurred. It is necessary to study work history records and evaluate medical records to determine whether there may be a valid claim against the manufacturers. It is advisable to contact a welding injury law firm as soon as possible because there is a statute of limitations on some claims.
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Dangers Associated With the Welding Profession
With construction accidents on the rise over the last few decades, the U.S. Department of Labor (DOL) specifically focused on those in the welding sub-profession of construction to find an alarming increase in accidents and death among welders. According to the DOL, from 1992 to 2001, the death rate of a welder increased by 68 percent of all construction workers represented.
If an employee currently works, previously worked, or is in an area where industrial welding is being performed, chances are the employee was exposed to welding rod fumes. Recent medical research suggests that exposure to welding fumes may lead many health problems, including two serious illnesses, Parkinson’s disease and Manganism. There are many court cases pending regarding this exposure, the hazards involved and the health impact on employees.
For example, in early September 2005 a Mississippi shipyard worker who claimed his neurological problems were caused by inhaling fumes from welding rods concluded his lawsuit by settling with the final two welding company defendants in his case. The worker’s lawsuit against the two welding manufacturers was scheduled for trial the following week. The lawsuit was settled for more than one million dollars.
As stated, the two diseases most commonly reported in medical research from the exposure to welding fumes are Manganism and Parkinson’s disease. A description of each of these diseases follows:
* Manganism, also known as secondary Parkinsonism, is a condition that develops when excessive levels of manganese injure that portion of the brain that controls body movements. Symptoms of this condition include fatigue, headache, slow or slurred speech, poor memory, impaired balance and tremors, delusions and hallucinations, disorientation and/or difficulty walking.
* In addition to Manganism, recent studies have found that exposure to manganese fumes is associated with the early onset of Parkinson’s disease. In fact, research conducted at the Washington University School of Medicine found that welders developed symptoms of Parkinson’s disease an average of 15 years earlier than the general population.
Many motor system disorders are caused by the decrease and eventual loss of brain cells that produce dopamine, which is imperative to the body. Of these diseases, Parkinson’s is classified with these disorders. Of the four main symptoms of the illness is a seizure or tremble like movement that often occurs in the face and appendages including legs, hands and arms; rigidity, or stiffness of the limbs and trunk; slowness of movement; and balance as well as poor or wavering posture and coordination are among the other symptoms. As these symptoms become more pronounced, patients may have difficulty walking, talking, or completing other simple tasks. Early symptoms of the disease are subtle and occur gradually. Other symptoms may include depression and other emotional changes; difficulty in swallowing, chewing, and speaking; urinary problems or constipation; skin problems; and sleep disruptions.
It is advisable that legal consultation is sought out by those who have been or currently are working as a welder or for those who may have been in the area where welding has occurred. It is necessary to study work history records and evaluate medical records to determine whether there may be a valid claim against the manufacturers. It is advisable to contact a welding injury law firm as soon as possible because there is a statute of limitations on some claims.
Former Welder\’s $1 Million Verdict Will Stand
Though the welding industry continues to vigorously defend itself against a growing tidal wave of welding rod litigation, it was dealt a serious blow in March 2006 when its repeated attempts to overturn a welding rod fumes case failed in the Illinois Supreme Court. The case is a landmark in welding rod litigation, in which former welders claim that exposure to fumes from welding rods caused manganism and even Parkinson’s disease.
The Original Case
Though several welding rod cases have produced multi-million dollar settlements, the original case in question is a landmark because it is the only welding rod verdict ever decided in favor of the plaintiff. The case, entitled Elam v. A.O. Smith, contended that the plaintiff, a 64-year-old Illinois welder who worked in the profession for 30 years, suffered neurological damage from long-term exposure to the toxic fumes that are a byproduct of welding rods. The case was previously tried before a hung jury (Illinois law demands a unanimous jury); Jack Elam was awarded $1 million in compensation during the retrial. The jury found that A.O. Smith failed to provide adequate safety warnings about the dangers of manganese in welding rod fumes.
The verdict was a watershed in more ways than one – it unleashed a wave of welding rod litigation once attorneys knew that it was possible for a verdict to be awarded in the plaintiff’s favor. The welding rod cases have become so numerous that a multi-district litigation is underway in Ohio; it numbers well over 3,000 plaintiffs.
Lost on Appeal
The defendants in the original case quickly appealed the case, contending that it did in fact adequately warn workers of the dangers of working with welding rod fumes. However, in December 2005, the 5th District Appellate Court of Illinois found that the company did not warn workers adequately, upholding the $1 million verdict. The court was taken before the Illinois Supreme Court on second appeal. Because of this, former welders filing litigation to receive compensation had elevated hopes of effectively winning future cases while the welding industry struggled to cope with the verdict.
Former Welders Cling to Hope; Continue to Litigate
Despite the fact that the $1 million verdict is the only one ever given to a welding rod litigant, former welders who are suffering from Parkinson’s, manganism and other occupational illnesses related to their welding work are retaining hope. Experienced welding rod lawyers believe that the Elam v. A.O. Smith will set a precedent that allows other litigants to collect damages for their occupational exposure to manganese. If you are suffering health problems due to your work as a welder, contact a doctor and then an experienced welding rod litigation attorney who can analyze your case and tell you whether you may be qualified to monetary damages.
