Welding Industry Wins Texas Trial
Houston, TX and Washington, DC, April 29, 2005 – John Beisner, attorney for several current and former welding rod manufacturers, today issued the following statement regarding the defense verdict in the Presler case, which was returned today after a three-week trial in Brazoria County, Texas:
“The industry is extremely pleased with the verdict in this case. Today’s decision further illustrates that there is no causal link between mild steel welding and Parkinson’s disease or any other Parkinson’s-like movement disorder, and that these cases are entirely without merit.
“Judges and juries across the country have overwhelmingly rejected these claims, and the welding industry will continue to defend itself vigorously against these suits. Of the nine cases tried to verdict before this case, eight resulted in defense verdicts. When this case was originally tried in February 2005, the jury was unable to find a link between the plaintiff’s condition and his welding activity; a mistrial was declared as a result of a hung jury. The jury in this case returned with a defense verdict in a matter of hours.
“The fact that the plaintiffs were unable to win their banner case -- which was tried by the renowned plaintiff’s lawyer Mikal Watts, in a “magic” jurisdiction, with a sympathetic plaintiff -- shows that welding fume litigation does not hold much promise for the plaintiff’s bar. Despite all their hype, plaintiffs cannot establish causation in these cases, because it just isn't there.”
Lead defense trial counsel in the Presler case was John Bissell of Strong Pipkin Bissell & Ledyard, L.L.P.
For additional information about this litigation, please go to www.weldinginfonetwork.org.
John Beisner, Esq.
O’Melveny & Myers