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Painter Exposed to Benzene Receives Nearly $500,000 Settlement In Civil Case

Attorney:Partner, Civil Department, Rose, Klein & Marias LLP

Rose, Klein and Marias represented a widow and the adult children of a self-employed painter who did residential painting from 1975 through 2002. As a painter he would use oil base paints, lacquers, stains, thinners, and other chemicals that contained benzene. In 2004 the clients husband and father died at the age of 67 from acute myelogenous leukemia.

Benzene has long been recognized as a toxin affecting the blood system and has been known to be a cause of acute myelogenous leukemia. In fact the paint manufactures, including those involved in this law suit belonged to an organization known as The National Paint and Coatings Association. This organization fought against rules that had been promulgated by the government that would have caused employees to be exposed to lesser levels of Benzene.
The defendants in this case were, Glidden, Dunn Edwards, Fuller O’Brien, Sinclair, W.M. Barr, Spectra-tone, Home Depot, Zinnzer and Sherwin Williams.

The lawsuit filed by Rose, Klein and Marias on behalf of the widow and child of the deceased painter, claimed that the paint companies failed to adequately warn of the potential for the paint products to cause cancer and also failed to instruct as to how properly to use the products so as to not create a health hazard.

The case ultimately settled for almost $500,000.

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