Illinois 'Popcorn Lung' Case Receives $30.4 Million From Cook County Jury - Solis v. BASF Corp.
A recent Illinois personal injury lawsuit received a large verdict award, granting $30.4 million to the plaintiff in Solis v. BASF Corp., No. 06 L 12105. Several other parties to the Illinois work place injury lawsuit had settled with the plaintiff prior to trial for undisclosed amounts, but BASF Corp. opted to take the case to trial rather than settling. The supply company's gamble failed, as evidenced by the positive plaintiff verdict.
In Solis, the plaintiff developed bronchiolitis obliterans, or 'popcorn lung disease', after 18 years of working in various factories. Bronchiolitis obliterans has been linked to exposure to substances used to make microwave popcorn, such as diacetyl.
After being diagnosed with the life-threatening disease, Solis now has a reduced lung capacity of only 25 percent. This means that without a lung transplant the life-long nonsmoker and unmarried father of three could die if he develops the flu or other respiratory diseases. The 45 year-old Illinois resident brought a Cook County workplace injury lawsuit against several parties alleging that his current condition was a result of his exposure to fumes and dust particles while working with artificial butter flavoring.
The plaintiff, Ortiz, was a mechanic working at a railroad yard on Chicago's South Side. While working on the defendant Karabegovic's truck, Ortiz was severely injured after being dragged for 30 feet underneath the moving truck. As a result of this incident, Ortiz sustained multiple fractures and severe nerve damage to his leg, which left him with a permanent foot drop. The 33 year-old Ortiz is no longer able to work as a mechanic as a result of the injury
While working at one of ConAgra's warehouses a forklift hit the plaintiff from behind. The force of the impact knocked the plaintiff to the ground, where the forklift ran over his right leg. The forklift in question was one of four machines that ConAgra had rented for use at its St. Charles, Illinois warehouse. 
The plaintiff's ex-husband had worked at B&O Railroad as a steelworker, welder, railroad firefighter and laborer from 1951 to 1965. During the majority of his employment he was exposed to asbestos in his work environment. The plaintiff's lawsuit alleged that she had contracted mesothelioma after being exposed to asbestos on her husband's work clothes and asserted that the railroad had negligently failed to take proper precautions to protect its employees' families from 
The facts of the case involved a union carpenter who suffered serious injuries to his head, neck, and back when he fell on his head en route to the hospital after suffering heatstroke on the job. Over the next two years, the Illinois carpenter was unable to return to his normal duties at Interstate Scaffolding, Inc. During this period he fluctuated between not working at all and times of working light duty per his doctor's instructions. 
The three defendants were R&R Trucking Company, owner of the tractor-trailer; Freightliner Corp., the tractor manufacturer, and Lufkin Industries, which was the trailer manufacturer. All of the defendants in the Illinois liability case filed third party contribution claims against the employer, Ensign, which means that Ensign could be held liable for the injury, too. 
Brzinski arrived at work in Orland Park, Illinois, to investigate an accident. He was walking along the service road that ran parallel to the railroad tracks for the purpose of taking photographs. While he was walking, the ground gave way and Mr. Brzinski stepped into an 18-inch sinkhole with his left foot and injured himself. 
