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The Belleville News-Democrat, Il. Posted on Sat, Jun. 28, 2003 Jury is deadlocked in welder's lawsuit BY BRIAN BRUEGGEMANN [log in to unmask] EDWARDSVILLE - Sued rod makers over link to illness With jurors unable to reach a verdict in their fourth day of deliberation, a Madison County judge on Friday declared a mistrial in the case of a Collinsville man who claims he developed Parkinson's disease at an early age because of welding rods. Jurors began deliberating Tuesday. On Friday afternoon after more than 32 hours, Associate Judge Ralph Mendelsohn declared the mistrial when jurors sent out a note saying they were unable to reach a unanimous verdict. "In discussions after the mistrial was declared, the jurors indicated that the vote was 8-4 in favor of the plaintiff (Larry Elam), but that further deliberation would not have resulted in a unanimous verdict," according to a press release issued by Elam's attorney Allen D. Vaughan. "...The jurors indicated that they had unanimously agreed on the failure of the welding industry to investigate the adverse health effects of welding fumes." Elam, 64, sometimes did welding and worked around welders while he was employed at Union Electric in Missouri. He sued Lincoln Electric, Hobart Brothers and BOC Group, companies that provided welding rods for Union Electric. Elam was forced to retire after he was diagnosed with Parkinson's in 1996 at age 58, according to Vaughan. A study conducted by a doctor at Washington University in St. Louis has suggested a link between welding and early onset of Parkinson's. Fumes from welding contain manganese, a neurotoxin. Elam's wife is quoted in Vaughan's press release as stating: "At this point we are most upset with the fact that we believe that this condition was preventable. We hope the attention that this case has gotten will push the welding industry to take more precautionary measures to protect their welders." Her first name was not listed and she could not be reached for comment. Elam's attorney Bob Bosslet initially asked the jury to award Elam $1.6 million in compensatory damages and $4.8 million in punitive damages. On Thursday afternoon, Bosslet dropped the request for punitive damages. The trial began June 2. The case can be tried again later. A handful of similar cases have gone to trial across the country, but Bosslet said he's not aware of any in which the plaintiff prevailed. SOURCE: The Belleville News-Democrat, Il http://www.belleville.com/mld/newsdemocrat/6189551.htm * * * ---------------------------------------------------------------------- To sign-off Parkinsn send a message to: mailto:[log in to unmask] In the body of the message put: signoff parkinsn