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 Met Life booklet was
published, the National Electric Manufacturers Association 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 in Berkeley, Calif.