WELDING DEFENDANT WINS ANOTHER FEDERAL WELDING FUME TRIAL
Jury Finds That Welding Did Not Cause Plaintiff’s Condition
Cleveland, OH and Washington, DC, October 21, 2010 – John Beisner, partner in the Washington office of Skadden, Arps, Slate, Meagher & Flom and attorney for several current and former welding consumable manufacturers, issued a statement regarding the defense verdict in the Clinger case, which was returned today after a three-week trial in the United States District Court for the Northern District of Ohio, in Cleveland. After 40 minutes of deliberations, a jury returned a unanimous verdict for the defense and found that welding did not cause the plaintiff’s condition.
“We are gratified that this Cleveland jury has joined the many others around the country that have rejected these baseless claims. In finding that welding fumes did not cause the plaintiff’s condition, this jury has vindicated the defendant and underscored what sound scientific studies continue to show – that welding is a safe profession.
“Juries across the country have overwhelmingly rejected these claims. Of the 31 cases that have been tried before juries, only one has resulted in a final judgment for plaintiffs. The juries returned defense verdicts in 26 of the 31 cases, two plaintiff verdicts were reversed by courts of appeals, and the remaining two plaintiff verdicts are still subject to appellate review.
“In addition to victories at trial, plaintiffs have dismissed thousands of cases rather than provide very basic support for their claims. Since 2005, the number of active welding fume lawsuits around the country has fallen by approximately 80%. Plaintiffs have also dismissed six cases set for trial after defendants uncovered highly suspicious facts about the plaintiffs.
“The welding industry has always worked hard to ensure the health and safety of its welders and until the plaintiffs decide to withdraw these claims – or are forced by the courts to do so – the defendants will continue to defend themselves vigorously against the remaining suits.”
Bruce Hurley of King & Spalding LLP and Steve Ellenbecker of the Gloor Law Group, LLC represented the defendant in this case.
For additional information about this litigation, please go to www.weldinginfonetwork.com.
Brandy Bergman / Lesley Bogdanow
Sard Verbinnen & Co