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Manufacturers have been aware of manganese toxicity for more than a century, yet they continue to use the compound to make products, such as welding rods, which expose workers to the dangerous condition. While some environmental laws have been enacted to limit manganese exposure to workers, the condition still persists. Welders are the most likely group of workers to face excessive manganese exposure. Welding rod litigation has gone into practice, and people who have been exposed to hazardous materials in the workplace and have suffered from Parkinson''s disease-like symptoms as a result may have grounds for a lawsuit.
Symptoms of manganese toxicity or manganism mirror those of Parkinson''s disease, yet may occur earlier in life than Parkinson''s disease, which usually does not present itself until after age 50. Because the disease affects the central nervous system, psychological and neurological functions become disrupted, producing symptoms that include: tremors and shaking, slow movement or difficulty walking, impaired speech, stiff limbs, anxiety, depression and memory loss. These symptoms, especially if they occur in a factory worker or miner under the age of 50, may signal manganese toxicity. Tests can now determine the amount of manganese exposure has been sustained.
Legal matters dealing with manganese toxicity usually fall under personal injury litigation. Because manganese legal claims are brought against manufacturers and not employers, workers need not worry about being bound by workers compensation laws. Instead, welders and other injured or ill workers can file claims of negligence, fraud, liability for defective products and failure to warn of the possibility and dangers of overexposure.
The variables in legal cases surrounding manganese exposure depend on where the victim lives, where the manganese exposure took place and the companies involved. Different states have different laws regarding manganese exposure, which can also occur as a result of non-work-related environmental factors.
Only a few cases of manganese exposure have gone to litigation. In most cases the parties reach a settlement before trial is necessary. Once a plaintiff receives compensation for his case against the manufacturer, he cannot sue the manufacturer again. Settlements of up to $1 million have been awarded to victims of manganese toxicity from manufacturers of manganese welding products. A lawyer experienced in welding cases can help assess the possibilities of compensation for manganese exposure.
A lawsuit brought by a former welder who claims that he suffers tremors from exposure to welding fumes has raised a serious and intriguing question: Do welding fumes cause neurological diseases like Parkinson''s?
Ernest G. Solis, a 57-year-old...
In Ruth v A.O. Smith Corp., a welder sued two welding rod manufacturers, alleging their product was hazardous and they failed to adequately warn employees of the potential dangers of manganese fumes.
At 32 years of age, Ruth was diagn...
News Year''s celebrations are often accompanied by firecrackers to ring in the new year, but lighting up the skies may be creating toxic effects.
Firecrackers consist mainly of fine toxic dusts that can easily enter the lungs and result in...
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