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Jury gets first of cases claiming welding fume hazards
M.R. KROPKO
Associated Press
CLEVELAND - A jury will begin deliberating Wednesday in a case that could set
precedent for thousands of cases, filed nationally and consolidated here,
that allege welding fumes cause neurological disorders, including Parkinson's
disease.
Ernesto G. Solis, 57, claims years of exposure to welding fumes at his job as
a civilian maintenance worker at a Navy base in Corpus Christi, Texas,
damaged his health because of exposure to manganese within welding rods.
Scientific research has been at odds whether such exposure can lead to
Parkinson's, a neurological illness diminishes movement and speech.
Solis' lawyer, Scott Bickford, told jurors in closing arguments Tuesday that
his client suffers from manganese poisoning, which has symptoms similar to
Parkinson's.
About 3,800 cases are consolidated before U.S. District Judge Kathleen
O'Malley. The multidistrict litigation began in 2003, and there have been
court decisions in other cases, including at the state level, outside of the
consolidated cases.
Defendants in the Solis case are Lincoln Electric Holdings Inc., Hobart Bros.
Co., TDY Industries Inc. and the ESAB Group, all makers of welding rods.
Bickford told the 10-person jury that warning labels on welding rod packages
were not sufficient to warn welders of the dangers of welding rods.
Defense lawyer Richard Sarver told the jury the evidence shows that Solis does
not suffer from a consistent tremor and that his problem is not linked to
welding.
The jury verdict form asks whether a marketing defect led to Solis becoming
ill.
"What this case has shown is that manganese causes brain damage. The industry
knew about it. Its warnings didn't convey the ultimate danger," Bickford
said.
He suggested the jury order compensation within a range of $132,000 to about
$1.8 million. Solis also is seeking punitive damages.
Sarver told the jury the companies shouldn't be punished. He said welding rod
packages have sufficient warning labels describing fumes as hazardous.
"Mr. Solis knew what he needed to do to avoid fumes, and he did," Sarver said.
One recent case in state court in Illinois resulted in a $1 million verdict
for a welder.
"We are confident that this Cleveland jury will join the overwhelming majority
of other juries around the country that have already heard and rejected
similar claims," defense spokeswoman Brandy Bergman said.
ON THE NET
Welding rod litigation:
http://www.welding-rod-litigation.com

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