First Trial Scheduled in Welding Fume MDL Ends in 7-Figure Settlement

CLEVELAND - A plaintiff who was scheduled to take part in the first Welding Fume MDL trial has reached a seven-figure settlement with the remaining defendants, an MDL source told HarrisMartin Publishing. In re: Welding Rod Products Liability Litigation, MDL Docket No. 1535; Ruth v. Lincoln Electric Co., Case No. 03-CV-17003 (N.D. Ohio).

David R. Cohen, the special master appointed in the Welding Fume MDL, said that the settlement was reached late on Sept. 2. The only two defendants remaining in the case at the time of settlement were ESAB Group and Hobart Brothers, Cohen said.

Sources indicated that while the exact amount of the settlement is confidential, the final amount agreed upon was in the seven-figure range, and that each company's share is in the six-figure range. In a Sept. 6 press release, welding industry officials said the two defendants settled the case "for what basically amounted to defense costs." The release further emphasized that because of the unique nature of the plaintiff's alleged injuries, the settlement would have no bearing on the welding defendants' position with respect to the remaining cases.

The claims of Charles M. Ruth III were scheduled to be the first to go to trial in the MDL. Ruth alleges that he suffers from manganese-induced Parkinsonism as a result of exposure to welding fumes. Trial had been initially set for Aug. 29; however, the trial date was recently continued to Sept. 7.

Cohen said that 10 days prior to resolution of the case, both parties stated in open court that a settlement was not imminent.

In March 2004, Ruth was the first case to be remanded from the Welding Rod Products Liability Litigation MDL. However, the parties later agreed to have the claims tried in the MDL and withdrew their remand motion, leaving the case under Judge Kathleen M. O'Malley's jurisdiction.

Welding industry officials stated that the defendants' decision to settle the case was driven by a combination of factors, including procedural issues that would have prohibited the defendants from presenting their case in full to the jury and the awareness that "no other claimant in either the federal MDL or state court proceedings ... exhibits the same factual and medical profile as Mr. Ruth."

"The combination of these two unusual factors led the defendants to conclude that it made economic sense to use the money they would have expended on a trial to resolve this unique case," the welding industry stated.

No attorney's fees, court costs, or expenses, except for unpaid medical bills, unless you recover.

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