My spouse developed Parkinson’s which was linked to his job, but his company has gone out of business. Does he still have any recourse?
There are many potential parties that your spouse may have recourse against for the development of his Parkinson’s other than his former employer. However, locating records from his former employer will be crucial to bringing suits against any other parties. Your husband may have recourse against the manufacturers and suppliers of the welding rods and wires that contained manganese under a theory of product liability – that the products were unreasonably dangerous and they caused his illness. If his former employer provided any type of ventilation equipment, your husband may have recourse against the manufacturers of the ventilation equipment if the equipment was somehow defective and didn’t protect your husband against the fumes.
It is unlikely that your husband will have any recourse against his former employer, although your attorney should look into that possibility. Depending on how the company was dissolved, the principals may or may not retain liability for the company or they may have an insurance policy set aside to deal with these types of cases.
You will most certainly want to call as a witness whoever, presumably your husband’s doctor, has linked your husband’s disease to his job. However, you should expect that this witness will be challenged by the defense, and furthermore, that the defense will bring witnesses of its own in to show that there is no link between your husband’s old job and his Parkinson’s disease. Your attorney will be able to decide what other expert witnesses you will have to call to prove your case.
Another possibility to explore with your attorney is whether your spouse would be better off filing as part of a class action. While class action awards are often less than individual awards might be, other considerations might be whether anyone outside of a class will get a damage award due to a party’s potential bankruptcy or whether your husband’s award against a particular party is likely to be fairly small anyhow. Your attorney can help your husband decide how to structure his case to maximize any recovery.
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