The Illinois Supreme Court refused in late March to consider an appeal filed by defendants in a $1 million jury verdict in Madison County, Ill.

The state supreme court's ruling appears to be the last word in the only welding rod trial successfully litigated in the United States.

The decision leaves standing the opinion of the an appellate court that in December upheld the plaintiff's claim that manganese in welding rods caused his Parkinson's Disease.

The state supreme court on March 29 denied the petition of The Lincoln Electric Co., Hobart Brothers and The BOC Group to appeal the case of Elam v. A.O. Smith et al .

In the suit, welder Larry Elam claimed the defendants were negligent in failing to investigate health hazards associated with welding and failing to provide adequate warnings about the potential hazards. Elam also claimed the defendants should be held liable because of lack of investigation and adequate warnings. Elam filed

After a trial in 2003, the jury awarded a $1 million verdict to Elam. The presiding judge later reduced the award to $925,000 because of a prior settlement Elam agreed to.

The defendants argued on appeal that the presiding judge in the case erred as a matter of law by refusing to enter a judgment in favor of the defendants. They said warnings were issued that Elam admitted he did not read, so his claim that they failed to issue warnings was not correct and did not contribute to cause his injuries.

The defendants also claimed there was no credible medical evidence that linked manganese in welding fumes to Elam's Parkinson's Disease, yet the plaintiff relied on that argument as evidence.

The defendants contended they were entitled to a new trial due to the numerous alleged errors and due to the alleged abuses of discretion by the trial court.

A spokesperson for the industry group that represents The Lincoln Electric Co., Hobart Brothers, The BOC Group and other current and former manufacturers of welding rods, issued the following statement:

"Although the industry is disappointed with this decision, it does not change its position with respect to manganese litigation. The industry will continue to defend itself vigorously against these meritless claims. The Elam verdict was clearly an aberration -- juries have returned defense verdicts in every other case tried."

The industry group has the option to appeal the state supreme court's ruling to the U.S. Supreme Court, but persons within the industry group said it is not likely to do so. The industry group hosts a web site at www.weldinginfonetwork.com