Author: rbeard

KIEL, GERMANY – A new study suggests that for patients with advanced Parkinson’s disease, deep brain stimulation may be more effective in controlling their disorder than medication alone. In deep brain stimulation, surgeons implant a battery-operated device that can impart electrical stimulation to a specified area of the brain. In this case, the selected target was the subthalamic nucleus, an area involved in the movement.

Parkinson’s disease is a condition in which brain cells in the midbrain area become damaged and unable to produce dopamine, a chemical important in transmitting signals between parts of the brain. Dopamine loss is responsible for the movement problems caused by Parkinson’s disease. These include slow movements, body stiffness, poor balance, and shaking or tremors, especially when at rest. The main treatment for Parkinson’s disease is the drug levodopa or L-dopa, which allows dopamine production and relieves some of the problems of body rigidity and slowed movement. However, after patients take L-dopa for several years, the drug becomes less effective. They may experience involuntary movements called dyskinesias and on-and-off periods when L-dopa suddenly stops or starts working.

The purpose of the deep brain stimulation study was to find a way to help patients who were having declining responses to L-dopa and other Parkinson’s drug combinations. Study participants were under the age of 75 and were first diagnosed with Parkinson’s disease at least five years before the study began. The researchers chose 156 patients with severe Parkinson’s symptoms and divided them into two groups- one group received medication only and the other underwent deep brain stimulation of the subthalamic nucleus. After six months, the group receiving deep brain stimulation had less bodily discomfort and the most improvement in mobility, activities of daily living, and emotional well-being. These factors were measured by using standard Parkinson’s disease diagnosis techniques, including the Parkinson’s Disease Questionnaire and the Unified Parkinson’s Disease Rating Scale. Specifically, the periods during which patients were mobile and did not experience dyskinesias was increased by 4.4 hours. Periods of “frozen” movement or immobility decreased by 4.2 hours.

Despite these promising results, there were more serious side effects among patients who received the implant than among those taking medications alone (13% or 10 patients versus 4% or 3 patients). One patient who received deep brain stimulation died of a brain hemorrhage. Another developed an infection at the site of the implant.

The study authors concluded: “In carefully selected patients, neurostimulation of the subthalamic nucleus is a powerful treatment that alleviates the burden of advanced Parkinson’s disease. The prospect of an improved quality of life in patients treated with neurostimulation has to be weighed against the risk of complications related to surgery.”

The study was supported by the German Federal Ministry of Education and Research. The medical device manufacturer, Medtronic, provided the electrical stimulation devices. Twenty-one of the study’s 38 authors had financial ties to Medtronic.

Welding and Parkinson’s Disease

If you or a family member is a welder, you will want to know as much as possible about Parkinson’s disease, its symptoms and any new breakthroughs in its treatment. This is because welders develop Parkinson’s disease at a higher rate than other people do. They also may contract the disease at a younger age compared with other Parkinson’s disease patients.

These higher rates of Parkinson’s disease may be due to exposure to manganese-containing fumes produced by certain welding rods during the welding process. Manganese has been linked to nervous disorders and movement problems, including tremors and immobility.

Besides having an increased risk for Parkinson’s disease, many welders develop a condition called manganese poisoning or “manganism.”Patients with manganism exhibit a fixed gaze, tremors, a rigid body, and slowed movement, all symptoms that are similar to those of Parkinson’s disease.

Your Legal Case

Brayton Purcell believes that welding rod manufacturers made a defective product and did not properly warn workers about the dangers of welding rods. We are currently reviewing cases of welders who have developed Parkinson’s disease, manganism or Parkinson’s-like symptoms (Parkinsonism). If you are a welder and have been diagnosed with any of these conditions, please contact us. We will evaluate your case free of charge and advise you of your legal rights and options. We have been representing workers in medical/legal cases for over 40 years and are proud of our record of excellent service and legal advocacy.

OAKLAND, CA – Welders working on the San Francisco-Oakland Bay Bridge have filed a lawsuit against their employer, KFM Joint Venture, and against various welding rod manufacturers, alleging that they were injured from exposure to welding fumes. Welding rods can give off harmful fumes containing manganese and other toxic metals during the welding process.

The workers labored in hot, confined spaces up to 40 feet below water level, according to newspaper accounts (Oakland Tribune, August 24, 2006; Argus, August 24, 2006). They claim that they have respiratory problems, memory loss and nervous system disorders because they breathed in welding fumes. KFM received 17 citations for safety violations, but none for exposing its workers to welding fumes. The company refused to comment to newspapers about these citations or the pending litigation.

The Dangers of Manganese Fumes and Other Toxins

Welders are subject to manganism or manganese poisoning, a movement disorder caused by high levels of manganese, which is a major component of welding fumes. The symptoms of manganism are similar to those of Parkinson’s disease, a disorder marked by slow movements, body stiffness, poor balance, a fixed gaze and shaking or tremors. Welders also suffer from a higher-than-average rate of Parkinson’s disease, and often develop the condition at an earlier age than do other Parkinson’s disease victims.

Some welding rods are coated with asbestos. Inhaling asbestos dust causes asbestosis, lung cancer and pleural mesothelioma, an aggressive cancer that first attacks the lining of the lungs.

Welding fumes may also contain iron oxide, which irritates the throat and lungs. Working with stainless steel may produce welding fumes containing nickel and chromium. Exposure to nickel can aggravate asthma symptoms. Chromium can aggravate or cause sinus problems.

Welding Fumes and Your Legal Rights

Despite the harm that can be caused by welding fumes, welding rod manufacturers did not issue warnings about manganese or other metals in their products for many years. Even when they finally issued alerts, there is a question about whether these warnings were clearly visible and adequate.

Brayton Purcell is in the process of evaluating cases against welding rod manufacturers and distributors. If you have been injured by welding fumes, you may be able to receive compensation from these companies. Please contact us to learn more about your legal rights if you are a welder and have been diagnosed with Parkinson’s disease or a movement disorder. We have been handling cases involving toxic substances for over 20 years and are proud of our record of helping workers.

CLEVELAND, OH – In a written order, Federal District Court Judge Kathleen O’Malley stated that welding fumes may cause Parkinson’s disease or Parkinson ‘s-like movement disorders. The issue is for a jury to decide, she determined. Her order paves the way for thousands of consolidated cases against welding rod manufacturers to move forward. The combined cases are known as national welding fume multidistrict litigation or MDL. State welding rod lawsuits may also be affected.

“The evidence so far presented is sufficiently reliable to support the assertion that exposure to low-manganese welding fumes can cause, contribute to, or accelerate a movement disorder, including a parkinsonian syndrome that some doctors will diagnose as PD [Parkinson’s disease]” the order states. The order was issued in connection with the case of Charles Ruth, III v. A.O. Smith Corp., et al., a welding fume lawsuit that has already been settled.

The defendants had claimed that there was no link between the manganese in welding fumes and Parkinson’s-like symptoms and wished to have the plaintiff’s welding lawsuit dismissed as “frivolous.” Instead, Judge O’Malley confirmed the validity of bringing a suit against welding rod manufacturers for failure to warn welders about the serious dangers posed by exposure to welding fumes.

What Is Parkinson’s Disease?

Parkinson’s disease is a brain disorder that affects movement and gait. The illness damages brain cells in the midbrain area called the substantia nigra, which produces dopamine, a chemical important in transmitting signals between parts of the brain. Dopamine loss is believed to be responsible for the movement problems caused by Parkinson’s disease, which include slow movements, body stiffness, poor balance and shaking or tremors.

How Can Welders Be Harmed By Manganese?

Welding rods give off fumes during the welding process. These fumes include manganese-containing compounds. Inhaling manganese can cause severe damage to the brain and nervous system. The symptoms of manganese poisoning are similar to those of Parkinson’s disease.

Welders suffer from a higher-than-average rate of Parkinson’s disease and Parkinson’s-like symptoms. One study found that among 20,000 welders, 10% had Parkinson’s disease, as compared with the rate of 1% among the general population (Report by Dr. Paul Nausieda, medical director of the Regional Parkinson Center at St. Joseph’s Hospital in Milwaukee). A study of over 1,400 male welders from Alabama showed a rate of Parkinson’s disease symptoms that was seven to ten times greater than that shown by non-welders in a similar group.

Your Welding Rod Case

Despite the harm that can be caused by welding fumes, welding rod manufacturers did not issue warnings about manganese in their products for many years. Even when they finally issued alerts, there is a question about whether these warnings were clearly visible and adequate.

Brayton Purcell is in the process of evaluating cases against welding rod manufacturers and distributors. If you have been injured by welding fumes, you may be able to receive compensation from these companies. Please contact us to learn more about your legal rights if you are a welder and have been diagnosed with Parkinson’s disease or a movement disorder. We will not charge you a fee to review your claim. We have been handling cases involving toxic substances for over 40 years and are proud of our record of helping workers.

MT. VERNON, IL – The 5th District Appellate Court of Illinois has upheld a $1 million verdict in favor of Lawrence Elam, a welder with Parkinson’s disease who was exposed to intense welding fumes. He had sued three welding rod manufacturers, Lincoln Electric, Hobart Brothers, and The BOC Group, charging that they failed to investigate welding rod health hazards and provided inadequate warnings about welding fumes.

On appeal, the companies claimed that they had provided such health warnings. However, the court noted that the warnings were placed on welding cartons. Welders were unlikely to see these warnings because the welding rods were usually removed from the cartons by the time the welder used them.

“Here, the evidence indicates defendants packaged the relevant warnings in a way that virtually guaranteed plaintiff and others within the welding trade would not read them,” Judge Richard Godenhersh said. Also, the warning label itself was directed only toward welders, and not toward welders’ assistants or other bystanders who were within the plume of the welding fumes.

The Dangers of Manganese-Containing Welding Fumes

Welding fumes can release manganese compounds into the air. Manganese is a common part of various types of rock and occurs naturally in our air, soil, and water. It is rarely found alone, and often combines with oxygen and other gases to form compounds. Although food contains trace amounts of manganese, inhaling manganese or manganese compounds can cause serious damage to the brain and nervous system.

At the trial court level, the Elam jurors determined that the manganese in welding fumes caused “central nervous system injury.” The appellate court said that the link between manganese-containing welding fumes and Parkinson’s disease was significant and that the defendants breached their duty to investigate the connection. Mr. Elam’s attorneys pointed to numerous medical articles, some dated as early as the 1930s, documenting the dangers posed by manganese exposure. “[D]efendants were aware of the hazards associated with manganese in welding fumes but ignored the dangers and ignored advice to perform an epidemiological study,” the court commented.

What is Parkinson’s Disease?

About one million people in the United States have Parkinson’s disease, a brain disorder that affects movement and gait. Parkinson’s disease damages brain cells in the midbrain area called the substantia nigra, which produces dopamine, a chemical important in transmitting signals between parts of the brain. Symptoms of Parkinson’s disease include slow movements, body stiffness, poor balance, and shaking or tremors, especially when at rest.

Welders develop Parkinson’s disease at a higher rate than others, according to Dr. Paul Nausieda, medical director of the Regional Parkinson Center at St. Joseph’s Hospital. Dr. Nausieda found that among 20,000 welders, 10% had Parkinson’s disease, as compared with the  1% among the general population.

Besides developing Parkinson’s disease at a higher rate than other workers do, welders may contract the illness at a younger age. In one study, welders had their first Parkinson’s disease symptoms at the average age of 46, about 17 years before most other Parkinson’s patients.

Your Welding Fume Case

The full text of the Elam case, known officially as Lawrence E. Elam v. Lincoln Electric Company, Hobart Brothers Company, and Airco/The BOC Group, Inc can be found on the Illinois government website. For more information about welding fumes and your legal rights, please feel free to contact us at Brayton Purcell. We have been handling medical/legal cases for over 40 years, including those involving exposure to harmful substances. We will review your case free of charge and inform you about your legal choices.

CLEVELAND, OH – A welder’s lawsuit against two welding rod manufacturers has been settled for a seven-figure amount, according to news sources. Charles Ruth claimed that he had been exposed to dangerous welding fumes containing manganese, and developed tremors, balance, and speech problems. These symptoms may be signs of manganese poisoning, illnesses related to Parkinson’s disease (Parkinsonism), or even Parkinson’s disease itself.

Mr. Ruth worked as a welder at Ingalis Shipyard in Pascagoula, Mississippi beginning in 1997. Two years later, doctors at Baylor Medical Center in Houston determined that his physical problems were related to manganese from welding fumes, according to Mr. Ruth’s attorney.

Mr. Ruth sued the welding rod manufacturers, Hobart Brothers and the London-based ESAB Group. The suit charged that these companies knew that manganese–containing welding fumes were hazardous. However, they failed to warn welders about the dangers posed by welding rods, and gave no instructions about protective equipment, according to the suit.

The Charles Ruth case is the first of over 6,000 welding rod lawsuits that have been consolidated in the United States District Court for the Northern District of Ohio (Multidistrict Litigation Number 1535). Thousands of similar cases have been filed in state courts throughout the nation.

The Dangers of Welding Fumes

During the welding process, some welding rods give off fumes that contain manganese. Although manganese is present in small amounts in our food, inhaling the metal can damage the nervous system and brain.

Many welders develop Parkinson’s disease, often at an earlier age than would be expected for those who contract this illness. Parkinson’s disease is a serious movement disorder that damages the brain’s ability to make dopamine, a chemical involved in transmitting signals between nerve cells. Symptoms of Parkinson’s disease include slowed movements, body stiffness, poor balance, and shaking or tremors, especially when at rest. Many welders also suffer from a movement problem labeled manganism or manganese poisoning. It presents many symptoms that are similar to Parkinson’s disease.

Your Welding Fume Case

Brayton Purcell is now evaluating cases involving welding fumes. If you are a welder and have Parkinson’s disease or suffer from Parkinson’s-like symptoms, please feel free to contact us to learn about your legal options. We have been handling medical/legal cases for over 40 years, including those involving exposure to toxic substances.

ROCHESTER, MN – Eight welders who were patients at the Mayo clinic had brain abnormalities consistent with the accumulation of manganese, a metal released by some welding fumes. Workers may breathe in harmful welding fumes if they are not properly protected.

In this case, the welders worked at poorly ventilated job sites and did not use personal respirators. One employee had crawled in confined spaces in welding areas where no exhaust ventilation was available. Most performed metal inert gas welding, usually involving stainless or galvanized steel.

Many of the welders ended up with “Parkinsonism” or symptoms that are similar to those of Parkinson’s disease. These include poor balance, memory loss, unsteady gait, slowed movements and tremors. Some of the welders also had headaches, hearing loss, and sudden, jerky, involuntary movements. None of these conditions appeared to be reversible, except in one welder. He was treated with EDTA or edetate calcium disodium, a substance that is supposed to bind with manganese, lower its toxic effects, and help excrete it from the body.

All the clinical problems experienced by the welders suggested a disturbance of their central nervous systems and brains. Their brains were scanned using Magnetic Resonance Imaging or MRI scans. The tests revealed increased activity in the part of the brain called the globus pallidus, a result that implies high concentrations of manganese. An abnormality in the globus pallidus is also linked to movement disorders.

“In the setting of prominent manganese exposure in the environment, as occurred in these otherwise healthy welders, there are no other reasonable explanations than the [welding] fume exposure for the damage present in the MRI findings,” concluded Dr. Keith Josephs, a lead author of the study (Medical News Today, June 9, 2005). Dr. Patrick Boque, another neurologist at the Mayo Clinic commented, “It’s clear there are all sorts of toxic fumes given off by welding, and manganese is one of them” (Channel 5 News, KSDK, St. Louis, July 8, 2005). He emphasized the importance of safety precautions and better conditions to limit exposure to welding fumes.

For further details about the contents and hazards of welding fumes, see Welding Fumes and Other Hazards. If you would like information about exposure to welding fumes and your legal options, please feel free to contact us at Brayton Purcell. We have been handling medical/legal cases for over 40 years, including those involving exposure to toxic substances.

ST LOUIS, MO – Welders may have higher rates of Parkinson’s disease symptoms than other groups do, according to a new study. Parkinson’s disease is a brain disorder that affects movement and gait. Signs of the illness include shaking or tremors, slow movements, stiffness, and poor balance.

Among over 1,400 male welders from Alabama who took part in the study, the rate of Parkinson’s disease symptoms was seven to ten times greater than that of men in another study in Copiah County, Mississippi. The researchers chose the Copiah County report for comparison because both studies used similar research methods.

The welders ranged in age from 40 to 69 years. They provided medical history, work history, and answered questionnaires. The researchers measured Parkinson’s disease symptoms using a standard diagnostic tool called the Unified Parkinson’s Disease Rating Scale. Subjects were subdivided into groups with definite Parkinson’s disease, probable Parkinson’s disease, and no significant disease symptoms, based on both liberal and conservative estimates of these categories.

With use of the more liberal criteria for diagnosis of Parkinson’s disease, 148 welders had a diagnosis of definite Parkinson’s disease (10.4%), 185 had probable Parkinson’s disease (13.0%), and 929 (65.3%) were unclassified. With use of the more conservative criteria, 82 subjects had a diagnosis of definite Parkinson’s disease (5.8%), 180 subjects had probable Parkinson’s disease (12.6%), and 1,000 (70%) were unclassified. The “unclassified” category may have included those with more mild Parkinson’s disease symptoms; only 126 individuals showed no Parkinson’s symptoms at all.

In a previous study, career welders developed Parkinson’s disease at an earlier age compared with a control group of non-welders. In some cases, the welders had Parkinson’s disease at the age of 46, about 17 years before most other Parkinson’s patients develop the disease. In the current study, welders aged 40 to 64 years tended to develop Parkinson’s-like symptoms.

The researchers suggest that welding exposure either increases the prevalence of Parkinson’s disease at all ages or shifts the distribution of Parkinson’s disease to a younger age. “Our preliminary work warrants a follow-up population-based epidemiology study, given the public health implications of a potential increased risk of parkinsonism in 1.5 million welding-exposed workers in the United States,” they commented.

Dangers of Welding Fumes

Welding rods, especially steel ones, give off fumes that can contain the metal manganese. Breathing in this metal can damage the brain and nervous system. Various studies, including those involving manganese miners and workers making manganese alloys, show the dangers of manganese. Manganese may increase the risk of developing Parkinson’s disease as well as cause manganism, a nervous system and brain condition that has some features similar to Parkinson’s disease. Manganism also results in serious gait problems.

If you are a welder or have worked around welding fumes, you should see your doctor if you have any of the Parkinson’s-like symptoms listed below. Let your doctor know about your work history and exposure to manganese so that he or she can diagnose and treat your condition.

• tremors or shaking
• balance problems
• slowed movement

If you would like information about exposure to welding fumes and your legal options, please feel free to contact us at Brayton Purcell. We have been handling medical/legal cases for over 40 years, including those involving exposure to toxic substances.

Can insurers escape liability for workers who become seriously ill from welding fumes? Businesses are asking this question as their insurers try to classify these toxic fumes as “pollutants” that they exclude from insurance policy coverage.

A detailed article in the Harris Martin journal, Litigation Watch: Welding Rods, explores the history of insurance cases involving fumes and vapors, as well as the limited number of cases directly about welding fumes and welding rods. The author suggests that manganese fumes from welding are not “pollutants,” but ordinary substances in the workplace. She points out that courts are reluctant to deny the insured the coverage that they purchased. Also, she concludes that damages from commercial activities such as welding should and will be covered.

The Hazards of Welding Fumes

Welding gives off fumes that contain toxic metals, including cadmium, nickel, chromium, and manganese. Manganese is a major component of welding fumes, particularly those from mild steel welds.

Manganese Exposure

Over the years, all types of welders have been exposed to excess manganese, including those involved in construction, the automobile industry, railroad track welding, and the production of parts for heavy excavation equipment. It was not until 2003, however, that a welder who was diagnosed with Parkinson’s disease was awarded $1 million in a lawsuit based on his exposure to welding fumes (Lawrence E. Elam v. Lincoln Electric Company et al., 3rd Judicial Circuit, Madison County, IL; October 28, 2003).

Welding rod litigation is now considered an emerging field of law. Defendants may include manufacturers, sellers, and suppliers of welding products as well as insurers of businesses in which welding rods were used. If you are a welder who is experiencing Parkinson’s-like symptoms, please feel free to contact us to learn about welding hazards and your legal rights. We have been handling medical/legal cases for over 40 years, including those involving exposure to toxic substances.

WASHINGTON, D.C. – The U.S. Food and Drug Administration has approved the use of Apokyn (apomorphine hydrochloride) for the treatment of immobility in Parkinson’s patients (FDA Talk Paper, April 21, 2004). Patients with advanced Parkinson’s disease may experience “off periods” during which their movement freezes and they are unable to walk, get up from a chair, or speak clearly. These episodes may occur about three to five years after diagnosis, and may be due to the wearing off of standard therapy with the drug L-dopa.

Bertek Pharmaceuticals Inc., the manufacturer of Apokyn, says that the drug must be injected under the skin, and taken with certain other medications that prevent nausea and vomiting (Bartek Pharmaceuticals Newsroom, click on 4/22/04 press release). Apokyn cannot prevent the off episodes and does not replace other Parkinson’s disease medicines such as L-dopa, but rather treats an existing off episode when it occurs. It is called an “acute, rescue treatment.”

Parkinson’s Disease and Welding

Welders may be more prone to developing Parkinson’s disease because they are exposed to welding fumes, which contain toxic heavy metals such an manganese, chromium, nickel, zinc, and arsenic.

For more information about the biology and treatment of Parkinson’s disease, see the websites of the Mayo Clinic College of Medicine, the National Parkinson Foundation, and CenterWatch (clinical trials concerning Parkinson’s disease). If you are a welder who is experiencing Parkinson’s-like symptoms, we urge you to consult your physician as soon as possible. For more information about your legal options, please feel free to contact us at Brayton Purcell. Although we try to provide general information, any treatment decision should be based on extensive discussions with your treating physicians. We have been handling medical/legal cases for over 40 years, including those involving exposure to toxic substances.