H.R. 3509 WILL SLAM THE COURTHOUSE DOOR ON INJURED AMERICAN WORKERS

H.R. 3509, the "Workplace Goods Job Growth and Competitiveness Act of 2005," would completely eliminate the rights of workers to hold manufacturers and sellers accountable when they are injured by a defective product that is more than 12 years old, regardless of how long the product was built to last. Many items today---industrial machinery, tractors, construction tools---are made to last longer than 12 years.

Here are just a few of the cases that would be completely barred under H.R. 3509:

ALABAMA
In 2001, Daniel Brensinger and Wavley Sanders, both machine operators at the Buffalo Rock Company, were permanently disabled by palletizer machines manufactured in 1973 by Von Gal Palletizers. Von Gal Palletizers manufactured the palletizers without a guard over the rake bar area of the machine. While operating a palletizer machine, Brensinger accidentally fell, causing his right hand to get caught in the unguarded area of the machine. Brensinger's right hand was severed. Also while operating a palletizer, Wavley's hand got pulled into the unguarded area of the machine, which crushed his hand. As a result of their injuries, both men are permanently disabled.

CALIFORNIA
In 1995, Reginaldo Gonzalez, a printing press operator, had to have his arm amputated after it became caught in a printing press designed and manufactured by Heidelberg, Inc. in 1973. At trial, testimony revealed that the company added safeguards to the same printing press model both in 1974 and 1980, yet never took steps to notify prior owners of the machines' dangerous defect. By 1995, at least eight other pressmen either had their arms crushed or severed while operating pre-1974 presses.

FLORIDA
Priscilla Williams is 55 years old and is permanently disabled. While working at Modern Laundry Cleaners in 1978, Williams' right hand was seared to the bone by a 14 year old Ajax Steam Press. The installation of an inexpensive safeguard by Ajax Steam Press could have prevented Williams' injury. Williams can no longer work due to her disability.

ILLINOIS
In 1978, J. Jamie suffered severe injuries resulting in the amputation of his right hand while operating a rotary hydraulic molding machine. The machine was manufactured more than 20 years prior to this incident. At trial, evidence revealed that the machine was designed and constructed without proper guarding devices, which could have prevented Jamie's hand from being caught, crushed and burned.

MASSACHUSETTS
In 1984, while operating a press brake designed and manufactured by Cincinnati, Inc. in 1966, John Jones' hands were crushed when the unguarded press suddenly and unexpectedly closed. The court found that Cincinnati Inc. knew that press operators would have their hands in vulnerable positions while operating this machine and acted recklessly by not incorporating safeguards (available to the manufacturer in 1966) into the presses' design.

NEW JERSEY
Thomas Middleton, a press brake operator, had four fingers on his left hand crushed while bending metal into a press brake in 1988. Middleton had to have the remaining portions of each finger reattached. The jury found that the press brake, made in 1955, was defectively designed and lacked operator controls.

NORTH CAROLINA
In 1972, Allen Raftery, a construction worker, was struck on the head and killed when a crane made in 1953 by the Michigan Equipment Co. collapsed on top of him. At trial, evidence revealed that Michigan Equipment Co. negligently designed and manufactured the crane.

NORTH DAKOTA
Todd Hefta, an employee of the City of Williston, was crushed to death by a 12-ton earth packer in 1983. Hefta was standing behind the packer machine when another worker placed the packer in gear. The packer, manufactured in 1963 by the Ingram Company, suddenly and unexpectedly lurched backward at a rapid rate of speed, crushing Hefta.

TEXAS
Don Rhea, a refinery worker, was attempting to repair a cracked valve on a steam pump when the pump's cracked valve cover doused him in hot oil. Rhea suffered severe burns over 30 percent of his body. The National Transit Pump and Machine Co. manufactured the defective pump 20 years prior to the accident.

WISCONSIN
While operating a meat grinder in 1979, Dexter Hamilton's right hand became caught in the grinder and four of his fingers were severed by the grinder's blades. The Enterprise Manufacturing Company manufactured the grinder 20 years prior to Hamilton's accident. The jury found that Enterprise Manufacturing Company negligently designed and manufactured the grinder.

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