Welding Rod Litigation Update
An Illinois Jury Verdict
Larry Elam, who suffered from a central nervous system diagnosis injury diagnosed as Parkinson's Disease, sued Lincoln Electric Co., Hobart Brothers Co., and BOC Group, alleging that the defendants' failure to investigate and warn about the dangers of manganese in welding rods. After hearing the evidence, the Illinois state court jury returned a $1 million verdict for Elam. The defendants, who are welding rod manufacturers, appealed the case to the Appellate Court of Illinois. Elan had worked for Lincoln Electric Co. (which later became American Corp.) starting in 1967. Most of his work career, especially in the latter years, was as a welder. The appellate court held that the evidence supported the claim that the defendants failed to warn Mr. Elam, who retired in 1996, of the dangers. The defendants put warning on the rods packaging - not the rods themselves - and welders did not see the packaging. The court also found that the welder's assistants and other bystanders at work within the plumes of the welding fumes did not receive any warnings about the manganese in those fumes.
It was significant that the welding industry knew that manganese would cause the disease, but the industry never conducted any epidemiologic studies. Manufacturers control and dominate safety and health activities in the welding industry. The plaintiff in this case presented numerous studies showing that for decades the welding industry knew about the problems and withheld the information from the public and workers in particular. Manganese is a known neurotoxin that penetrates the blood-brain barrier and harms the basal ganglia. The appellate court held specifically:
There is significant evidence in the records showing a link between Parkinson's Disease and manganese in welding fumes and there is significant evidence the plaintiff's claim that the defendants breached their duty to investigate the health hazards associated to welding.
