January 9 , 2006

The New York Supreme Court, Appellate Division, First Department has upheld a jury's decision from July of 2003, finding a definitive link between fumes from welding rods and the development of mesothelioma, and lung cancer.

The decision was in the case of Angel Gomez and Daniel Tucker, welders who had died from cancer after working for years with the welding rods. The welding rods have contained damaging amounts of asbestos for years. Daniel Tucker died of a rare and often deadly form of cancer known as mesothelioma. Angel Gomez died from complications of his lung cancer shortly after the 2003 trial.

The verdict against the two Ohio makers of welding rods (Lincoln Electric Company and Hobart Brothers Company) was the first jury verdict against welding rod makers in asbestos related injuries .

The jury in the case rejected claims by the company who said that asbestos did not cause the men's problems.

Another high profile welding rod case upheld a 2001 guilty verdict against welding rod makers Lincoln, Hobart, and Airco/The BOC Group, Inc. on December 20 th of last year. In that case the welding rod fumes were seen to have caused Parkinson's disease.

The welding rods contained dangerous levels of asbestos during their manufacture from the 1930s up to the 1980s. The findings suggested that not only were welders dangerously exposed to asbestos from dust kicked up, but anyone working nearby would have been as well.

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