Class Action Lawsuit
Kenneth B. Moll & Associates, Ltd. filed a worldwide class action lawsuit in the United States District Court for the Northern District of Illinois against Illinois Tool Works, Inc., et al., the manufacturers of welding products that produce manganese poisoning that can cause Parkinson's Disease. According to the complaint, recent research, case studies and medical literature confirm that there is a causal connection between exposure to manganese welding fumes and Parkinson's disease. Parkinson's disease is a terminal illness that usually affects people in their late 60's. Welders have shown symptoms of Parkinson's Disease as early as age 45. People who have been exposed to welding fumes containing manganese should be aware of the following symptoms which may lead to Parkinson's Disease: slowed movement, tremors and shaking, loss of coordination or balance, stiffness in body and limbs, slowed or slurred speech, tightening of facial muscles, handwriting worsening, difficulty walking, difficulty turning, anxiety, irritability, depression, mood changes, short term memory loss, and inability to perform normal tasks. Anyone exposed to manganese fumes and experiencing any of these symptoms should contact a physician. According to the complaint, welding sites should use a combination of ventilation and respiratory protection equipment to prevent welders from being exposed to toxic manganese fumes during welding operations. Kenneth Moll said, "the primary goals of this class action are to (1) obtain a Court Order forcing manufacturers to stop the manufacture and sale of welding products that contain manganese and issue a recall, (2) inform the public that welders (pipe fitters, electrical workers, ironworkers, steelworkers, metal workers, plumbers, railroad maintenance workers, piledrivers, millwrights, glass manufacturers, etc.) and others working near welding or pipefitting activity, are at an increased risk of manganese poisoning leading to Parkinson's disease, (3) provide compensation to all victims for death and personal injuries, (4) provide a medical monitoring fund for individuals who have shown symptoms of Parkinson's disease."
Comment from Ed
Of course we all know that this law company likely has minimal concern for welders. This type of class action law suit will put millions into the hands of lawers, drive some good companies out of buisness and at the end of the day we are never likely to know if the welders mentioned died from breathing weld or ciggarette smoke.
Plaintiffs
in Welding-Fumes Case
Win a Skirmish in Federal Court
By
TIMOTHY AEPPEL
Staff Reporter of THE WALL STREET JOURNAL
July 26, 2005;
Page D4
A federal court in Cleveland has indicated it will allow plaintiffs' lawyers to argue that welding fumes cause Parkinson's disease, which will allow the argument to be made in thousands of lawsuits brought on behalf of workers across the U.S., bringing closer a wave of potentially crippling litigation for the industry that makes and distributes welding materials.
In a draft order distributed to lawyers in the case, U.S. District Judge Kathleen McDonald O'Malley denied a defense motion to exclude testimony that welding-fume exposure causes the serious neurological disorder.
The move doesn't address the underlying question of whether welding fumes can in fact cause Parkinson's, but rather will help shape an avalanche of litigation now poised to move forward in a host of other courts. About 4,500 separate welding cases have been aggregated in front of the Cleveland judge as part of a multidistrict litigation order. Plaintiffs' attorneys estimate there may be as many as another 5,000 such cases in state courts.
The dispute over health dangers posed by welding has raged for decades. The welding process relies on the use of welding rods, which melt to create a bond between the two pieces of metal being joined. This releases fumes laden with manganese, a metal known to cause neurological problems.
There are as many as 500,000 welders in the U.S., but a far larger number of workers are exposed to welding fumes in the workplace. Welding is a ubiquitous industrial operation, used in everything from building ships and bridges to manufacturing plastics and electronics.
Most of the lawsuits aim primarily at current and former makers of welding materials, including Lincoln Electric Co. of Cleveland, A.O. Smith Corp. in Milwaukee, and Airco, a division of BOC Group PLC of London. Suits also have named distributors of welding gear as well as large users, including General Electric Co., Fairfield, Conn., and Caterpillar Inc., Peoria, Ill.
Workplaces are required to provide ventilation for welding operations and breathing gear for those exposed to heavy fumes. Welding materials also come with printed warnings. However, the basis of most of the lawsuits is that manufacturers of welding materials knew the dangers posed by their products and didn't do enough to warn about it.
"We hope that this is the beginning of the end of the refusal of the welding industry to recognize this as a serious public-health issue that affects hundreds of thousands of people every day," says Drew Ranier, an attorney with Ranier, Gayle & Elliott, a law firm in Lake Charles, La., and one of the lead plaintiff attorneys.
John Beisner, lead council for the defendants in the Cleveland court, said the industry has gone through 10 trials in which Parkinson's disease was alleged, and it has won nine of them. "We thought we'd file a motion [to exclude testimony that welding-fume exposure causes Parkinson's disease] to foreclose further litigation of this issue," he said.
Mr. Beisner said the science isn't there to establish a connection between welding fumes and Parkinson's disease.
He also said it is important to view the "nature of the claims." As part of the court proceeding in Cleveland, litigants were required to fill out a questionnaire. Not all of them have completed this survey, Mr. Beisner said, but of those who have, 70% said they became involved as a result of a screening process in which lawyers invite welders to come in for medical tests. Only 14% said they incurred any medical expenses before they joined one of the cases. Nearly a third also has made claims in asbestos litigation, he added, so they are "repeat litigants."
Manganese
and other Alloys. Possible Health Issues.
Manganese
is found in most carbon steels, low alloy and stainless steels. Typically manganese
levels are higher in electrodes that provide welds with a slag. In contrast to
MIG wires, weld fume manganese content is higher in SMAW, GAS SHIELDED AND SELF
SHIELDED FLUX CORED wires
Be especially wary of self shielded flux cored and
> 1.6 mm CO2 flux cored wires..
[] Overexposure to manganese may
injure the central nervous system and result in manganism.
[] Manganism is
indicated by symptoms similar to Parkinson disease, which is a neurological disorder
characterized typically by
[] Slow body movements.
[] Slow Reflexes.
[]
Headaches.
[] Muscle weakness.
[] Speech impairment.,
Chromium in stainless and nickel alloys. Human Carcinogen, severe irritation of upper respiratory tract and skin, severe nasal issues. Kidney damage
Cobalt. Hard facing and high temp applications. Human Carcinogen. Chronic cough, pneumonitis, asthma.
Copper.
Bronze, brass monel and stainless. Upper respiratory tract irritation, metal fume
fever and eye irritation, anemia and skin hair discoloration.
Iron Oxide.Carbon
steels and cast iron. Benign pneumoconiosis.
Molybdenum. High strength
and stainless steels.Eye irritation and nose mucous issues,
Nickel. Some steels stainless and nickel alloys. Asthma, dermatitis, lung or nasal cancer.
Vanadium. Some steels stainless and nickel alloys. Respiratory / eye irritation. Irritates wet skin, bronchitis, cough and nasal bleeding.
Zinc. Brass / Galvanized coatings. Metal fume fever, tired, sleepy
Very good article on this subjectby Mike Harris in Aug 2005 Fabricator magazine.
Business
Wire (Press Release),
"18 Southern California Welders File Mass Tort
Lawsuits for Injuries Caused by Exposure to Welding Fumes"
Eighteen
welding rod workers filed a mass tort lawsuit today in Los Angeles Superior Court
against Airco Inc., Caterpillar, Inc., General Electric Company and more than
55 other named defendants claiming that they suffered serious neurological injuries
as a consequence of exposure to welding fumes containing manganese, a substance
medically recognized as toxic to the human central nervous system. Plaintiffs'
complaints for damages allege 15 claims, including negligence, strict products
liability, and fraud/deceit by suppression/concealment, involving welding products
that were manufactured, sold, distributed, and/or promoted by Defendants. All
of the Defendants were, at relevant times, manufacturers and sellers of welding
products, large industrial consumers of welding rod products, and members of leading
trade organizations, including the American Welding Society and the National Electrical
Manufacturers Association. To read the full press release, click here