Sick welder sues welding rod manufacturers

Welding fumes pose a risk to human health.

One of the many dangers of welding is breathing in harmful fumes – but who is responsible when workers get sick?

Manganese poisoning (also known as manganism or “welders’ disease”) is caused by excessive exposure to the chemical element manganese (Mn), which is an essential component in iron and steel production. The disease is sometimes mistaken for Parkinson’s disease, Lou Gehrig’s disease, or multiple sclerosis.

Manganese poisoning has been the subject of a number of product liability suits brought by welders who claim that manufacturers failed to warn that their products could cause welding fumes to contain dangerously high manganese concentrations.


Iowa welder suffered manganese poisoning

Curt Cooley, a welder in Iowa who used welding rods at work and at home for nearly 40 years, was diagnosed with manganese poisoning and now suffers from permanent neurological damage. After learning of his diagnosis, Mr. Cooley and his wife brought suit against four welding rod manufacturers: Lincoln Electric Co., Hobart Brothers Co., The ESAB Group Inc., and BOC Group Inc. (Cooley v. Lincoln Electric Co., No. 1:05-cv-17734-KMO (N.D. Ohio Mar. 7, 2011)).

Mr. and Mrs. Cooley alleged that the defendant-manufacturers knew that inhaling welding fumes presented a risk of irreversible neurological injury but failed to adequately warn consumers of the risk. A jury returned a verdict for the Cooleys, awarding $787,500 in compensatory damages (after a reduction for Mr. Cooley’s comparative fault) and $5 million in punitive damages. The manufacturers moved for reduction of the punitive damages, arguing that the award violates constitutional due process.


Courts reject manufacturers’ claims

The U.S. District Court for the Northern District of Ohio rejected the manufacturers’ argument that Mr. Cooley’s harm “could be worse” because he did not die from the manganese exposure. In the context of Mr. Cooley’s severe and permanent neurological injury, the court said, the physical harm he suffered strongly indicated reprehensibility.

The court also found that the second reprehensibility factor was present – the jury was entitled to conclude from the evidence that the manufacturers knew manganese in welding fumes could cause neurological damage, but chose to give “less-than-candid” warnings on their products in order to protect their profits.

In evaluating the remaining reprehensibility factors, the court found that the defendants misled welders and that their behavior went beyond mere negligence. The court also rejected defendants’ argument that Mr. Cooley’s injury could be described as an “accident” that might have been avoided if he had read the manufacturers’ warnings and data sheets in the last decade of his career.


Partial responsibility can’t get companies off the hook

While Mr. Cooley was found to be partially responsible in this regard, and his compensatory award was adjusted accordingly, the court found that defendants had to accept responsibility for their behavior over the course of Mr. Cooley’s entire four-decade use of their products.

Manganese exposure is cumulative, and Mr. Cooley’s failure to read materials in the last 10 years had nothing to do with defendants’ actions in the first 30 years of his career – actions which the court found could be reasonably construed as evidence of defendants’ “intentional malice.”

Editor’s note: This article has been edited for length.

Source: Natalie Blazer, Product Liability Monitor.

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