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Some lawyers and industry experts are bracing themselves for what they believe might be the next mass tort litigation. Welding rod litigation is being compared to the asbestos mass tort litigation that has occurred over the last several decades and involved billions of dollars. The comparison between welding rod litigation and asbestos litigation comes because it has many of the same components. Like asbestos litigation, welding rod litigation involves many industry companies, insurance companies, large numbers of potential plaintiffs and allegations of serious conditions.
An estimated 700,000 to 800,000 welders, both current and former, are in the U.S. alone, according to a report by investment bank HSBC. The welding rod fumes give off harmful toxins, including manganese. Documentation of manganese exposure and central nervous system effects has been made as far back as 1837. The challenge in welding rod litigation is proving the manganese exposure caused Manganism, manganese poisoning, Parkinsonism and Parkinson''s disease since there is yet to be a direct link between the two.
Welding rod litigation has been around since the 1970s and has resulted in large jury awards. Industry continues to claim there is no link between welding rod fumes and Parkinson''s disease and other effects but workers have alleged the welding industry has been concealing known hazards. The welding industry has even published its own study results finding welding fume exposure safe. Despite the industry''s attempt to discredit any allegations of connections between welding rod fumes and serious illness, the National Electrical Manufacturer''s Association''s Arc Welding Section, a large welding industry trade organization, has issued technical documents indicating its knowledge of manganese as a toxic substance in welding rod fumes.
Former and current welders suffering from serious central nervous system conditions, as well as lawyers are waiting to see if welding rod litigation will become the next big mass tort. Many occupational diseases have been mistaken for other conditions because of the similarity to everyday illnesses. Since the effects of manganese can be subtle and slow developing, welders are just now realizing symptoms that may have been suffered because of the occupational hazards from welding rod fumes. Welding rod litigation is expected to affect a high number companies with potential claims.
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