Cleveland Jury finds welding rod makers "not responsible" for welder'

I really can't say who's right in the legal brouhaha surrounding the welding rod lawsuits making the rounds now, but the trend seems to be in favor of manufactuers -- at least in most courts. I just want to know: what's safe, what's unsafe, and how can welders protect themselves?

Article from Occupational Hazards Online:

A jury in Cleveland has ruled that four welding rod manufacturers are not liable for the illness of a Texas welder who contends his health problems stem from inhaling manganese-laced welding fumes.

Jurors in the U.S. District Court for the Northern District of Ohio on June 27 returned a verdict in favor of welding product makers Lincoln Electric Co., Hobart Brothers Co., ESAB Group Inc. and TDY Industries Inc., marking the 11th time in 12 such cases that jurors have ruled in favor of the welding industry.

Former welder Ernesto Solis of Corpus Christi, Texas, asserts in his lawsuit (Ernesto Solis v. Lincoln Electric Co. et. al.) that the welding rod manufacturers did not adequately warn users of the health hazards of inhaling manganese particles generated by welding activities.

Solis, 57, contends he developed manganese-induced Parkinsonism from his 28 years as a welder at the U.S. Naval Air Station in Corpus Christi. A spokesperson for Solis' legal team said Solis is in the beginning stages of the disease and suffers from "a variety of symptoms," most visible of which are tremors in his right arm and right hand.

U.S. District Judge Kathleen O'Malley instructed jurors in the case to determine whether one or more of the four welding rod manufacturers "distributed a product that had a 'marketing defect' due to inadequate warnings or instructions.'"