Welding Industry Wins Arkansas Welding Fume Trial
Jury Finds Welding Not Cause of Plaintiff’s Condition
El Dorado, AK and Washington, DC, August 30, 2006 – John Beisner, attorney for several current and former welding rod manufacturers, today issued the following statement regarding the defense verdict in the Calloway case, which was returned today after a three-week trial in the County Circuit Court in the city of El Dorado, Arkansas:
“We are extremely pleased that this Arkansas jury has joined the overwhelming majority of juries around the country that have already heard and rejected similar claims. In returning a verdict for the defense, the jury found that the welding rod manufacturers were not responsible for the plaintiff’s alleged ailments. The welding industry has now prevailed in 12 of 13 trials. This victory shows, yet again, that these cases are entirely without merit.
“This is an industry that has consistently worked to ensure the safety of welders and it has been unfairly targeted in these cases. As this litigation progresses, it becomes increasingly clear that there is little real substance to these suits. Earlier this month, the plaintiffs were forced to dismiss the Peabody case – their third handpicked case in the federal multidistrict litigation – after defendants discovered the plaintiff had complained about his supposed welding-related symptoms in drug rehabilitation before he ever started welding. This dismissal is the third MDL case that the plaintiffs have been forced to dismiss based on misrepresentations by the plaintiff about his condition. Plaintiffs also recently lost the Solis trial, which was the first welding fume case to be tried in federal court.
“The momentum is clearly on the side of the welding defendants. Plaintiffs are either losing cases at trial or dismissing them. There is also a rapidly growing body of sound science rejecting plaintiff’s claims. The welding industry is confident that it will continue to prevail in this litigation and is committed to vigorously defending itself.”
Lead defense trial counsel in the Calloway case was Steve Quattlebaum of Quattlebaum, Grooms, Tull & Burrow PLLC.
For additional information about this litigation, please go to www.weldinginfonetwork.com.
Brandy Bergman / Lesley Bogdanow
Citigate Sard Verbinnen
# # #