Claims Hoppe's No. 9 caused permanent damage to lungs
BY CHARLES SELL
The Dominion Post
A Core man claims in a recent lawsuit that his lungs and upper respiratory system were permanently damaged when he inhaled Hoppe's No. 9 Nitro Powder Solvent.
Charles T. Wilson and his wife, Theresa, are seeking unspecified damages from Brunswick Corp., a Delaware firm, and Kmart Corp., headquartered in Michigan.
Hoppe's, of Coatesville, Pa., manufactures the solvent and is a division of Brunswick Corp. The suit states that Wilson purchased the solvent from Kmart's Morgantown store.
The Wilsons' attorney, David L. Solomon, said Monday that he's sure there will be growing interest in this case as it moves through the courts.
"Hoppe's No. 9 solvent and other Hoppe's products are probably used by thousands of sportsmen in West Virginia for cleaning firearms, and by thousands more in many other states," he said.
Solomon filed the suit in mid-March in Monongalia County Circuit Court.
It was recently removed to U.S. District Court in Clarksburg by Morgantown defense attorneys William E. Galeota and Laurie Crytser Barbe, of the Steptoe & Johnson law firm.
Judge Irene M. Keeley, who presides over the federal court, is a former member of Steptoe & Johnson.
In documents related to removing the suit to Keeley's court, Galeota and Barbe stated that the Wilsons' claims for damages cause the amount in controversy to exceed $75,000. That's the amount required for the federal court to have removal jurisdiction.
Also, in an apparent reference to previous out-of-court settlement negotiations, Galeota and Barbe told Keeley that the Wilsons "have demanded $825,000 to settle their claims."
According to the suit, after Wilson, 34, used the Hoppe's solvent to clean a gun in his home on Dec. 3, 1998, he experienced shortness of breath, chest pains, headache and dizziness and had to have extensive medical treatment and pulmonary therapy.
Wilson claims the solvent permanently damaged his lungs and upper respiratory system and the suit claims he has also developed steroid-induced asthma and diabetes.
The suit states that Brunswick Corp. is liable to the Wilsons for manufacturing and marketing a solvent that is "unreasonably dangerous for its reasonably foreseeable use."
Brunswick negligently failed to put labels on the solvent warning that its prolonged inhalation can cause nausea, cough, headache, dizziness and lung irritation and that a person experiencing such symptoms "should seek medical treatment immediately," the suit states.
Solomon filed with the suit a July 1998 material safety data sheet which identifies the solvent as a petroleum distillate with a slight to moderate safety and hazard rating.
The data sheet's section on emergency and first aid procedures states that for inhalation: "Remove victim to fresh air. If breathing is difficult, give oxygen." It adds: "Call a physician. Contact a poison control center."
The document's health hazards section lists the solvent's primary routes of entry as "inhalation and dermal" and the effects of overexposure as headache, dizziness and lung, skin and eye irritation.
Chronic effects include dizziness, weakness and anemia, according to the data sheet. Also listed are effects to the liver, kidneys and bone marrow.
In its section on special precautions and spill/leak procedures, the data sheet states: "Use in a well-ventilated area."
In an April 12 answer to the suit, Brunswick and Kmart denied that they are liable to the Wilsons and denied that Brunswick negligently marketed a dangerous solvent without labels warning that it should be used in a well-ventilated area.
"The warnings contained on the product are adequate and speak for themselves," the answer states.
The firms also claimed that Wilson's injuries "may have been caused by (his) misuse" of the solvent.
BY CHARLES SELL
The Dominion Post
A Core man claims in a recent lawsuit that his lungs and upper respiratory system were permanently damaged when he inhaled Hoppe's No. 9 Nitro Powder Solvent.
Charles T. Wilson and his wife, Theresa, are seeking unspecified damages from Brunswick Corp., a Delaware firm, and Kmart Corp., headquartered in Michigan.
Hoppe's, of Coatesville, Pa., manufactures the solvent and is a division of Brunswick Corp. The suit states that Wilson purchased the solvent from Kmart's Morgantown store.
The Wilsons' attorney, David L. Solomon, said Monday that he's sure there will be growing interest in this case as it moves through the courts.
"Hoppe's No. 9 solvent and other Hoppe's products are probably used by thousands of sportsmen in West Virginia for cleaning firearms, and by thousands more in many other states," he said.
Solomon filed the suit in mid-March in Monongalia County Circuit Court.
It was recently removed to U.S. District Court in Clarksburg by Morgantown defense attorneys William E. Galeota and Laurie Crytser Barbe, of the Steptoe & Johnson law firm.
Judge Irene M. Keeley, who presides over the federal court, is a former member of Steptoe & Johnson.
In documents related to removing the suit to Keeley's court, Galeota and Barbe stated that the Wilsons' claims for damages cause the amount in controversy to exceed $75,000. That's the amount required for the federal court to have removal jurisdiction.
Also, in an apparent reference to previous out-of-court settlement negotiations, Galeota and Barbe told Keeley that the Wilsons "have demanded $825,000 to settle their claims."
According to the suit, after Wilson, 34, used the Hoppe's solvent to clean a gun in his home on Dec. 3, 1998, he experienced shortness of breath, chest pains, headache and dizziness and had to have extensive medical treatment and pulmonary therapy.
Wilson claims the solvent permanently damaged his lungs and upper respiratory system and the suit claims he has also developed steroid-induced asthma and diabetes.
The suit states that Brunswick Corp. is liable to the Wilsons for manufacturing and marketing a solvent that is "unreasonably dangerous for its reasonably foreseeable use."
Brunswick negligently failed to put labels on the solvent warning that its prolonged inhalation can cause nausea, cough, headache, dizziness and lung irritation and that a person experiencing such symptoms "should seek medical treatment immediately," the suit states.
Solomon filed with the suit a July 1998 material safety data sheet which identifies the solvent as a petroleum distillate with a slight to moderate safety and hazard rating.
The data sheet's section on emergency and first aid procedures states that for inhalation: "Remove victim to fresh air. If breathing is difficult, give oxygen." It adds: "Call a physician. Contact a poison control center."
The document's health hazards section lists the solvent's primary routes of entry as "inhalation and dermal" and the effects of overexposure as headache, dizziness and lung, skin and eye irritation.
Chronic effects include dizziness, weakness and anemia, according to the data sheet. Also listed are effects to the liver, kidneys and bone marrow.
In its section on special precautions and spill/leak procedures, the data sheet states: "Use in a well-ventilated area."
In an April 12 answer to the suit, Brunswick and Kmart denied that they are liable to the Wilsons and denied that Brunswick negligently marketed a dangerous solvent without labels warning that it should be used in a well-ventilated area.
"The warnings contained on the product are adequate and speak for themselves," the answer states.
The firms also claimed that Wilson's injuries "may have been caused by (his) misuse" of the solvent.
