Could welding fumes be the next asbestos?

Nothing strikes fear in the hearts of insurers like the words "the next asbestos," but that's the catch-phrase that's being used after an Illinois jury awarded a plaintiff $1 million after finding exposure to welding fumes caused a neurological disease.

The jury in the case, Elam v. AO Smith et al, found manganese present in welding fumes caused a 65-year-old worker to develop a neurological disorder similar to, if not, Parkinson's disease. It's the first plaintiff victory in a welding rod failure-to-warn suit, but certainly will not be the last. Thousands of similar cases have been consolidated under a multidistrict litigation order in a federal court in Cleveland--which is the headquarters of Lincoln Electric Holding Co., a large maker of welding rods and a plaintiff in the Elam case.

Mealey's, a legal-news service which has hosted a conference on welding rod litigation, estimates that at least 25 U.S. law firms are involved in welding rod litigation, which could involve a plaintiff pool of 35,000 to 70,000 current and former welders.

The Elam case was 10 years in the making, said plaintiff's attorney Robert McCoy, of Cascino Vaughan Law Offices. Several other trials weren't successful, McCoy said. The medical causation connection has been difficult to prove, he said. "It's not the easiest case. There's no diagnostic test out there to say that people have a condition caused by manganese poisoning," McCoy said. It's the manganese in welding fumes that leads to neurological problems, including a disorder called manganism, which causes tremors similar to Parkinson's. Manganese exposure also has been linked to Parkinson's disease, attorneys argued.

McCoy estimated that 5% of the 2 million people exposed to welding fumes show symptoms of a neurological disorder, "but they don't see a neurologist until they're really bad. It's a common problem, but until now, no one has done anything about it."

The welding industry isn't waving a white flag yet, said Charles Read of O'Melveny & Myers. As an attorney for the welding rod manufacturers, Read said, "The welding industry has a very strong track record defending against fume litigation and will continue to de/end itself vigorously against these meritless claims."

He said unlike asbestos and tobacco litigation, there's no causal link between ordinary welding and a disease such as Parkinson's disease, manganism or any other neurological impairment. "The plaintiffs' bar is mistaken if they believe welding fume litigation is their next big windfall," Read said. He said many welding plaintiffs also have already brought asbestos claims "perhaps as a way for them to double up their claims."

Regardless of how the lawsuits are resolved, McCoy said they've already had an in]pact. Industries that use welding have begun to supply respirators to their welders to protect them from fumes. "It's certainly a public health question that needed to be dealt with," McCoy said.