In Larry Elam's case, the jury ruled that welding-rod manufacturers are responsible for failing to warn him about potential health problems. Elam, said he used rods made and sold by major companies across the country, including Lincoln Electric Company. Ironically, Elam was born in 1938, the same year, that Airco, one of the initial defendants in the case, learned about the death of two welders who had been exposed to fumes emitted by electrodes that are used in the welding process. Those electrodes contained less than 1 percent of manganese.
During the trial, Elam, through documents and through his attorneys described numerous unhealthy and dangerous working conditions during his career as a welder, which started in 1985. "You're literally in a tunnel with a conveyor belt overhead, and it's cramped…" "[t]here were all sorts of welders around... [t]here was so much welding smoke it was difficult to see, at times…" it was "so tight that he had to go into areas that were like manholes…" "and he couldn't even wear the hood...” “[t]hey would belly crawl to where they had to work. In the type of area he had to work in you couldn't get away from the smoke."
By 1992, Elam's face appeared to be stiff and "frozen" much of the time, prompting complaints from his wife. Additionally, he began having problems at work. His co-workers began mocking him as a result of the strange “shuffle” walk he seemed to have developed out of nowhere.
His condition eventually worsened to the point where he was forced to retire at the age of 57 with arms that trembled, a shuffled gait, and other neurological symptoms associated with Manganism.
In awarding the million dollars, jurors decided to give Elam $700,000, for the present cash value of Elam's life care plan; $100,000, for disfigurement; $100,000, for disability; $70,000, for emotional distress; and $30,000 for medical expenses. With his hands uncontrollably shaking, Elam was said to have shook hands with each individual jury member before leaving the courtroom.
At least seven similar trials have been brought previously in the United States, including one other brought by Elam. In that case another Madison County jury deliberated on Elam's case for four days without reaching a unanimous verdict. The other six trials ended with defense verdicts. Historically these cases had been lost because of insufficient funds of the plaintiff’s firm pursing the litigation, insufficient medical studies and small number of plaintiff’s in the cases brought. With the publicity surrounding the Elam case, the tables have now turned.
If you have been exposed to manganese fumes and suffer from symptoms of Manganism or Parkinson's disease, you may be entitled to monetary compensation. To contact an attorney who will review your claim fill out our free case evaluation form provided below. An attorney with the Sheff Law Offices, P.C. will review your claim and may contact you to discuss your rights.
Free Welder's may Be Entitled To Monetary Compensation Consultation
Personal Information:
Date of Birth / Age:
(ex. mm/dd/yyyy or 54)
Are you inquiring for yourself?
Yes No
If not, who are you
inquiring on behalf of?
If you are NOT inquiring on your own behalf,
what is your relationship to the injured person?
Is the person deceased?
Yes No
If deceased, what is the cause of death
as stated on the death certificate:
Date of Death:
(ex. mm/dd/yyyy)
Was an autopsy performed?
Yes No
If not deceased, does the
injury prevent you or the
victim from working?
Yes No
If yes, when did you/victim stop working?
What is the approximate lost wages
due to the injury?
Symptom Information:
How long were you a welder for? years
What were the
dates of exposure?*
Begin:
End:
City where you worked:
*
State where you worked:
*
What types of welding have you done before?
(Ex. MIG, TIG, Steel, Alloy, Other)
What BRANDS and TYPES of welding rods do you remember using?
Have you experienced any of the following symptoms?
Please check all that apply:
Tremors in any extremity?
Yes No
If yes, please explain:
Rigidity in hands, arms,
legs, or upper body?
Yes No
If yes, please explain:
Gait (Walking) Disturbances?
Yes No
If yes, please explain:
Facial Effects?
Yes No
If yes, please explain:
Speech Disorders?
Yes No
If yes, please explain:
Sexual Dysfunction?
Yes No
If yes, please explain:
Other Symptoms?
Yes No
If you have any medical problems that you feel
may be related, please explain:
Have you ever had an
MRI of the brain?
Yes No
Have you ever received medical
care for any of your symptoms?
Yes No
Have you been diagnosed with any of the following conditions?
Manganism
Manganese Toxicity
Parkinson's Disease
Parkinsons-Like Syndrome
Parkinsonism
Other Neurological Disease
What was the date of diagnosis?
Case Description*
Please explain exactly what happened, trying to state
as thoroughly as possible who you believe was responsible
and why you believe that person was negligent:
Please explain the full extent of the victims injuries:
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