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Marin v. Phillips Plywood

$3.6 Million For Carpenter Who Died of Acute Lymphocytic Leukemia

In the Fall of 2002, following three years of litigation, The Law Offices of Raphael Metzger successfully settled with multiple defendants for $3,580,000 in the case of Jose and Rita Marin v. Phillips Plywood Company, Inc., et al., Los Angeles Superior Court Case No. BC 230152.

A Life Cut Short

Jose Marin worked as a cabinet maker for 32 years. Part of his job involved spraying contact adhesive cement to glue Formica to wood cabinets and using lacquer thinner and paint thinner as cleaning solvents. In March 2000, he was diagnosed with Acute Leukemia. He underwent chemotherapy and bone marrow transplantation, but never achieved a stable remission. Mr. Marin relapsed and died from acute leukemia in March 2001.

Legal Actions

The case was originally filed as a toxic tort action for Mr. Marin and his wife against 18 manufacturers and suppliers of contact adhesives, lacquer and paint thinner, and paints. When Mr. Marin died, the case was converted into a wrongful death and survival action.

The Essense

Plaintiffs contended that all of the defendants' products contained benzene as a contaminant and that respiratory and dermal exposure to benzene from the products over Mr. Marin's 32-year employment caused his acute leukemia and death.

The defendants contended that their products do not contain benzene as an ingredient and that any trace amounts of benzene in them is insufficient to cause harm. The defendants also contended that the form of leukemia which Mr. Marin had is not caused by benzene exposure.

Successful Settlements

In the first wave of litigation, the Law Offices of Raphael Metzger settled with ten defendants for $1,000,000. After Mr. Marin died and the trial was reset, the firm successfully reached settlements totaling more than $2.5 million with the remaining defendants.

Initial $1,000,000 partial settlement of leukemia wrongful death case

The Law Offices of Raphael Metzger has partially settled a leukemia wrongful death case for $1,000,000. The case is Jose and Rita Marin v. Phillips Plywood Company, Inc., et al. Los Angeles Superior Court Case No. BC 230152.

Jose Marin worked as a cabinet maker for 32 years, spraying contact adhesive cement to glue formica to wood cabinets and using lacquer thinner and paint thinner as cleaning solvents. In March 2000, he was diagnosed with acute leukemia. He thereafter underwent chemotherapy and bone marrow transplantation, but never achieved a stable remission, relapsed and died from acute leukemia last year.

The case was originally filed as a toxic tort action for Mr. Marin and his wife against about 18 manufacturers and suppliers of contact adhesives, lacquer and paint thinner, and paints. When Mr. Marin died, the case was converted into a wrongful death and survival action.

In the case, plaintiffs contend that all of the defendants' products contained benzene as a contaminant and that respiratory and dermal exposure to benzene from the products over Mr. Marin's 32-year employment caused his acute leukemia and death.

The defendants contend that their products do not contain benzene as an ingredient and that any trace amounts of benzene in them is insufficient to cause harm. The defendants also contend that Mr. Marin had acute lymphocytic leukemia, a form of acute leukemia which defendants contend is not caused by benzene exposure.

As of the present date, the Law Offices of Raphael Metzger has consummated settlements totaling $1,000,000 with ten defendants and the case is scheduled to proceed to trial against five remaining defendants, most of whom were the principal suppliers of the contact adhesives and lacquer thinner that Mr. Marin used in his employment.

Our Lawyers Can Help!

If you have questions about benzene poisoning or blood disorder symptoms and are concerned about possible occupational diseases and cancers, we are here to help. Toxic tort and injury laws are complex and confusing. The Metzger Law Group is here to help you. Call us today for a FREE evaluation to find out if you have a case or fill out our free evaluation forms to consult with a member of our caring staff.