Factory Worker Is Injured by Fume Exposure

This case takes place in New Mexico and involves a merchant seaman who was exposed to toxic fumes. The plaintiff was a crew member on a vessel for a shipping company. For a period of 2 months, the plaintiff was exposed to diesel fumes that was vented out into the living space. The patient is in his mid 50s with no significant medical history aside from childhood asthma. After 35 days on-board, he developed symptoms of severe asthma. He left the ship at that time to be treated for his lung issues. He went back on the ship and within two weeks he developed recurring symptoms and had to leave the ship. He now is being treated regularly for cyclical presentation of the symptoms and was told he cannot return to work on this vessel.

Question(s) For Expert Witness

1. Do you routinely treat patients similar to the one described in the case? Please explain. 2. How can diesel fumes affect the lungs when inhaled on a regular basis, as described in the case summary? 3. Have you ever served as an expert witness on a case similar to the one described above? If so, please explain.

Expert Witness Response E-009711

I see irritant induced asthma frequently since my practice consists wholly of occupational lung disease. Diesel fumes can cause or exacerbate asthma due to its direct irritant effect. In addition, it is associated with Chronic Obstructive Pulmonary Disease. I have served as an expert witness on irritant induced asthma cases in the past. I am an academic occupational pulmonologist with research expertise on asthma and a subject matter expert on such cases. I would be happy to review this case on behalf of the plaintiff and perform an IME.