Causes of the increase in litigation include recent pro-plaintiff verdicts, new studies linking welding fume exposure and neurological impairment, increased publicity regarding welding fume warnings, and aggressive recruiting of claimants by plaintiff attorneys. Companies that use welding or that make or sell welding rods and equipment are targets of this emerging litigation.
There are many potential plaintiffs with manganese-induced Parkinsonism or with Parkinson's disease, with which it may be confused. Informal reports from a recent unpublished study suggests that 12% of welders may have “Parkinson's type disease.” This percentage, and a population of 360,000 or more exposed to welding fumes, suggests that there may be at least 40,000 welders with impairment that would make them plausible plaintiffs.
Under the circumstances, defendant companies should take all appropriate measures to protect welders from fumes. To better position themselves to develop strategies for litigating or settling potential claims, defendant companies must proactively assess numerous factors, including the nature of their welding rod liabilities; the availability of insurance coverage to cover such liabilities; the status of the scientific evidence regarding exposure and health effects; the continued evolution of welding rod litigation; events transpiring on the regulatory front such as federal and state tort reform; and the development of other mass torts such as asbestos and silica. 相似文献