Schultz, Akzo Nobel, Benzene & Acute Myeloid Leukemia: A case in the United States Court of Appeals, Seventh Circuit ruled on motions for summary judgment.
The Schultz, Akzo Nobel, Benzene & Acute Myeloid Leukemia (aml) case documents what many people may face today that may have worked in or around the petroleum industry, petrochemical industry, paint industry, auto industry (e.g., railroad, firefighter, auto mechanic, lab technician, painter etc.) and other areas and been exposed to Benzene (e.g. diesel exhaust fumes, diesel exhaust, solvents) – leukemia or other cancer.
A brief summary of the case includes:
- Between 1981 and 1989, Donald Schultz worked as a painter for American Motors Corporation (which was acquired by Chrysler in 1987). Schultz’s job was to paint equipment, floors, walls, ceilings, and pipes at company plants.
- In November 2005 he was diagnosed with acute myeloid leukemia (AML), a disease that claimed his life in September 2006. Joann Schultz, his wife, acting on her own behalf and as the representative of her late husband’s estate, sued Akzo Nobel Paints (formerly known as The Glidden Company, but we will refer to it under its current name, Akzo) and Durako Paint and Color Corp., alleging that these companies produced or distributed the paint Schultz used while working at Chrysler and that benzene from these paints caused his AML.
- Schultz offered reports from two experts to support his causation theory: Dr. Stewart, an industrial hygienist, who reconstructed Schultz’s work with the paints in order to quantify his benzene exposure; and Dr. Gore, an oncologist, who testified that benzene is both generally known to cause AML and specifically was a substantial factor in the development of Schultz’s disease.
- The court ruled: Motions affirmed for Durako and Reversed for Akzo Nobel.
- To find out more on the case, see Case No. 12-902 – June 26, 2013.
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If you have been diagnosed with a serious disease (e.g., leukemia, cancer, kidney cancer, multiple myeloma, non-hodgkins lymphoma etc.) from benzene exposure, and need a benzene lawyer to help you file a benzene exposure lawsuit, contact our office at 1.844.329.5955.
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