Martin & Jones Obtains $6 Million for Worker Exposed to Carcinogen
Martin & Jones attorneys John Alan Jones and Chris Olson filed suit on behalf of a civilian employee of the military who developed cancer as a result of workplace exposure to carcinogenic nickel and chromium. Over a period of years, the worker was exposed to hazardous fumes containing carcinogenic nickel and chromium while performing metal spray work.
The worker was diagnosed with cancer of the nasopharyngeal region and underwent radical surgical resection and extensive radiation therapy in and around his mouth and jaw. As a consequence of these efforts to address his advanced cancer, the worker developed osteoradionecrosis that necessitated surgical removal of a large portion of his jaw. Surgical attempts to reconstruct the jaw failed, and the worker lived as an oral cripple with severe disfigurement. He was dependent upon a feeding tube, his speech was difficult to comprehend, and he underwent additional surgical attempts to improve his appearance and enhance his oral intake. Attempts at a staged reconstructive effort were unsuccessful and the worker died as a result of complications from surgery. The personal injury suit was converted to a wrongful death action thereafter.
The plaintiff’s evidence demonstrated that the defendants’ product labels in the United States did not contain a warning about a cancer risk or the need for respiratory protection until 1988, the year after the worker discontinued work with the products at issue. The defendants argued that no appreciable amounts of carcinogenic nickel and chromium were produced during work with the defendants’ products and pressed alternative causation theories regarding the worker’s development of cancer.
Martin & Jones retained experts in the fields of industrial hygiene, environmental and occupational medicine, toxicology, epidemiology, and labeling. Through expert testimony, Martin & Jones attorneys proved that carcinogenic forms of nickel and chromium were emitted during high-temperature operations involving the defendants’ products and that the worker’s cancer was caused by that workplace exposure to nickel and chromium.
In working on the case, Martin & Jones conducted approximately 40 depositions, including many of current or former employees of the defendant. Plaintiff’s counsel presented evidence that the scientific community has known of the association between exposure to chromium and cancer since 1890 and of the link between nickel and certain cancers since at least the 1930s. Plaintiff’s evidence demonstrated that the defendants conducted no testing to determine the amount of carcinogens emitted during work with their products and had never employed an industrial hygienist or toxicologist.
Martin & Jones prevailed on defense motions to strike the expert testimony of the plaintiff’s experts and on defendants’ efforts to have all claims deemed barred by the military contractor defense. A federal judge issued a written opinion, in which he denied the defendants’ motions. The case was scheduled to be tried in February 2004, and settled for $6 million following a three-day mediation in January 2004.
