Nine workers have just brought a 22-page complaint in the U.S. District Court for the Eastern District of Texas against various welding rod manufacturers. (Click on "Download PDF" to view a copy of the complaint.)

The plaintiffs allege that as a result of their respective occupational exposures to breathing welding fumes containing toxic levels of manganese and other chemicals, they developed various nervous system disorders, including Parkinson’s disease. The named welding rod defendants are: Lincoln Electric Co.; Linde Inc. (f/k/a BOC Group Inc.); ESAB Group Inc.; TDY Industries and Hobart Brothers Co. Companies named defendants, but who were not served in this action and dismissed accordingly pursuant to MDL rulings, are: A.O. Smith Corp; Airgas-Gulf States; Polarit Welding, Inc.; Eutectic Corporation; and Sandvik, Inc.

The plaintiffs’ complaint is based upon various theories of recovery, including Strict Liability (marketing defect, design defect and breach of warranty); Negligence (failure to warn); Assumption of Duty Pursuant to Restatement of Torts 2nd 324A Through Participation of Defendants in Trade Organizations; and Fraudulent Concealment.

In particular, the plaintiffs allege that overexposure to welding fumes for as little as 49 days can cause manganese poisoning and other neurological disorders. Plaintiffs also allege that the welding defendants manufactured and sold defective and unreasonably dangerous products in their design and failed to warn of the potential dangers associated with working with and around welding rods.

Finally, the plaintiffs assert that the defendants obtained additional knowledge back in the 1930s of those dangers by their membership and participation in various trade organizations, such as the American Welding Society and National Electrical Manufacturers Association. Plaintiffs seek unspecified damages for past and future pain and suffering, mental impairment, medical expenses, loss of earnings capacity, and past and future pain and suffering. Eight of the plaintiffs are from Texas and the remaining plaintiff is from Louisiana.

For further information, please contact Craig T. Liljestrand or your regular Hinshaw attorney.

This alert has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.