An Illinois jury awarded Lawrence Elam, a 65–year old man with Parkinson’s disease,
$1 million based on his exposure to manganese–containing welding fumes.
Three welding rod companies were named in his lawsuit—Lincoln Electric,
Hobart Brothers and the BOC Group. The year was 2003, and after
decades, it was the first successful attempt to make welding rod
manufacturers responsible for their defective products (Elam v. Lincoln
Electric Company, et al., IL 3rd Judicial Circuit, Madison County, IL;
Oct. 28, 2003).
Mr. Elam’s lawyers pointed out that warnings about welding rods were contained on the welding cartons or containers, not on each welding product itself. This made it very likely that a welder would not read the warnings, and that welding assistants and others working near welding fumes would not be notified about the contents of the welding rod.
The Future of Welding Rod Litigation
In addition to welding rod manufacturers, distributors
and suppliers of welding rods may be liable for damages in future
lawsuits. Welders may also take action against employers who provide
unsafe working conditions. Insurers may be required to indemnify
businesses for their losses when workers are exposed to manganese in
welding fumes, according to one analysis (Litigation Watch: Welding Rods, May 2004, p. 4–6).