April 2004
Harris Martin Publishing
LOS ANGELES—The Metropolitan Life Insurance Company published a safety booklet in 1938 warning that exposure to manganese may cause an illness similar to Parkinson’s disease, but its importance was downplayed by numerous welding rod manufacturers and trade organizations, a new complaint filed in California contends. Cogburn et al., v. BOC Group, et al., No. BC311976 (Calif. Super. Ct., Los Angeles Cty.). The complaint, filed March 10 in the California Superior Court for Los Angeles County is the third California welding rod complaint to be filed in less than a month; the first two were filed in Alameda and San Francisco Counties.
Plaintiffs Hurley and Wanda Cogburn allege Cogburn’s employment as a welder from 1959 to 1993 exposed him to toxic levels of manganese, causing him permanent neurological and physical damage, severe physical and mental pain, loss of wages, loss of earning capacity, disability, medical expenses and loss of enjoyment of life. Wanda Cogburn asserted claims for loss of consortium.
“Defendants knew, or should have known, persons such as plaintiff who was employed in the capacity of a welder, his co-workers, and others would use or handle said products and that said conduct would result in the release of dangerous quantities of toxic manganese fumes, gases, vapors, and dust and that through such foreseeable use and/or handling by ‘exposed persons,’ including plaintiff, said persons would be exposed to said airborne exposures,” the Cogburns argue.
The knowledge of the defendants includes a medical article published in 1938 documenting two cases of welders with serious neurological injuries caused by manganese poisoning from welding fumes, according to the Cogburns.
“On information and belief, this article and other factors caused Metroplolitan Life Insurance Company to publish in or about 1938, a welding safety booklet entitled ‘Health Protection in Welding’,” the complaint alleges. “The Met Life safety booklet stated manganese, a respirable fume present in welding operations ‘causes a disease similar to paralysis agitans [Parkinson’s disease] which in chronic cases is seldom fatal, but which…is always disabling.’”
The Cogburns further assert that soon after the Metropolitan Life booklet was published, the National Electric Manufacturers Association (NEMA) was invited to revise the safety booklet. According to the lawsuit, a representative of NEMA opined that the safety booklet was, “... very far fetched and would make welding appear to be an unusually hazardous occupation.”
The defendants further concealed the dangers of welding rod fume exposure, the Cogburns allege, by adopting a format for the Hazardous Material and Health Hazard Data sections of the Material Safety Data Sheets for welding products that omitted reference to the manganese content of welding fumes.
The plaintiffs assert causes of action of negligence, strict products liability, false representation, intentional tort, premise owner/contractor liability and loss of consortium.
“Since the first reported cases in 1837, defendants, and each of them, have known and have possessed the true facts of medical and scientific data and other knowledge which clearly indicated that the manganese and manganese containing welding products were and are hazardous to the health and safety of plaintiff, and others in plaintiff’s position working in close proximity with such materials,” the complaint concludes. “With intent to deceive plaintiff, and others in plaintiff’s position, and with intent that he and such others should be and remain ignorant of such facts with intent to induce plaintiff and such others to alter his and their positions to his and their injury and/or risk and in order to gain advantages, the following acts occurred.”
Counsel for plaintiffs are Dean A. Hanley and Kelly A. McMeekin of Paul & Hanley, LLP in Berkeley, California.