Silicosis Lawsuit: Unfolding Hidden Secrets of Silica Dust

You may know what silicosis is – that’s why you’re here, right? But just in case you need a quick refresher: It’s a lung disease, caused by silica dust due to workplace exposure to airborne silica dust particles from rock such as granite, quartz, and other building materials.

Are you a person who suffer from silicosis? Are you trying to figure out what this silicosis lawsuit is all about? In this blog, we’ll see about silicosis, silicosis lawsuits, and silicosis lawsuit settlement for affected workers. Let’s dive in together.

What is silicosis?

Silicosis is a rare lung disease caused by inhaling crystalline silica dust typically found in materials like sand, quartz, and granite. When these materials are cut, drilled, crushed, they release tiny particles into the air that can be easily inhaled.

These microscopic silica particles enter the lungs and trigger an immune response from the body’s defense mechanisms. The immune system recognizes these particles as foreign invaders and sends immune cells to engulf and remove them.

However, silica particles are extremely durable and resist breakdown by immune cells. Over the years, this leads to a chronic inflammatory response in the lungs as the immune cells try to neutralize the particles.

This ongoing inflammation causes the lung tissue to become scarred and stiff, a condition called fibrosis. The scarring and thickening of lung tissue reduces the lungs ability to expand and contract effectively during breathing. It will take years or even decades to become a lung damage.

What are the types of silicosis?

Do you have any idea about how bad silicosis is?  Silicosis remarkably affects life expectancy due to the irreparable damage to lung functionality.

Types of silicosis are,

Acute silicosis

It can show up a few months or even years after breathing in a lot of silica dust. This type can be very deadly.

Chronic silicosis

This is the most usual type and happens after being around small amounts of silica dust for 10 years or more.

Accelerated silicosis

This kind appears 5 to 10 years after breathing in higher amounts of silica dust.

Silicosis Symptoms

Have you ever wondered how much silica dust causes silicosis? The personal exposure limit (PEL) for respirable crystalline silica is 50 micrograms per cubic meter of air for an 8-hour shift. Anything beyond that leads to silicosis. It is difficult for an average person to recognize the silicosis symptoms in its early stages. It can take 20 or more years for a chest X-ray to show positive silicosis.

A few common symptoms of silicosis are,

1. Difficulty in breathing
2. Coughing
3. Fatigue
4. Chest pain

Sometimes, silicosis can also cause other health problems like Chronic Obstructive Pulmonary Disease (COPD), lung cancer, and kidney disease.

Can your lung heal from silicosis damage?

Is silicosis a rare disease?  The answer is yes. When lungs are damaged due to silicosis, it cannot be fully reversed or healed. The scarring caused by silica particles in the lungs is permanent and can lead to respiratory issues.

However, progression of the disease can be slowed or stopped by avoiding further exposure to silica dust. This involves using protective measures and equipment while working.

Quitting smoking and maintaining a healthy lifestyle can also help manage symptoms and improve lung function. Regular medical check-ups and appropriate treatment can assist in addressing complications and enhancing overall lung health.

It is important to prioritize preventive measures to protect the lungs from further damage and ensure the best possible quality of life for those affected by silicosis.

How does silicosis affect stone countertop workers?

Anyone who is regularly exposed to quartz dust particles in the air over a longer period of time is at risk of developing silicosis. However, stone countertop workers have a high risk of silicosis. They get silicosis by inhaling fine particles of crystalline silica, which is present in the stone materials they work with.

When these workers cut, sandblast, shape, or surface stone countertops, it leads to a high risk of developing silicosis. It creates dust that contains respirable crystalline silica dioxide. Breathing this for a long period will gradually cause silicosis.

It’s crucial for stone countertop workers to use proper protective equipment such as respirators and dust control measures to minimize their exposure to silica dust and reduce the risk of developing silicosis. Regular health check-ups and awareness about the potential hazards are also important to ensure their well-being.

This danger extends to working with engineered stone, which has even higher silica levels than natural stone. Activities like cutting or surfacing granite, marble, or engineered stone for countertops result in chronic inhalation of silica dust.

In 2019, the CDC reported a significant rise in occupational silicosis rates, attributing it to the growing popularity of stone and engineered stone countertops over recent decades.

A new case series published in Thorax in September 2024 found eight migrant workers in southern England developed silicosis after years of working with engineered stone countertops. Most of them had been exposed for an average of 12.5 years, but some developed silicosis in as little as four to eight years. One worker has since died, while two others now need lung transplants. These cases are the first of their kind recorded in the U.K., and researchers believe the issue may be more widespread than expected.

Doctors are concerned that silicosis could be misdiagnosed as sarcoidosis, as the two conditions show similar symptoms. In a 2023 study in California, researchers found that silicosis was initially missed in over half of the cases studied, often mistaken for bacterial pneumonia or tuberculosis. This misdiagnosis delayed treatment and led to severe disease progression.

With these findings, silicosis lawsuits are increasing in the U.S., where affected workers claim manufacturers and distributors of quartz countertops did not adequately warn of the health risks or provide proper safety measures.

Silicosis Lawsuit 2024 Update

Fernando Abrego Perez, has filed a lawsuit on October 22, 2024 in the San Francisco Superior Court, claiming that several quartz countertop manufacturers and distributors failed to warn him of the dangers of inhaling silica dust while working. Perez says that as a stone cutter from 1992 to 2021, he was exposed to silica dust from engineered stone countertops, leading to severe lung issues, including silicosis, pulmonary fibrosis, and other serious respiratory conditions. He seeks damages for medical costs, lost wages, and punitive damages. This case is part of a larger trend, as more workers have recently filed similar lawsuits for health issues from silica dust exposure. In fact, in August 2024, another worker with silicosis was awarded $52.4 million against some of the same companies that Perez is suing.

On November 6, 2024, Ignacio Ladino Castillo, a California man who spent nearly 25 years working with artificial stone countertops, has filed a lawsuit against various manufacturers. He began working as a fabricator and installer in 2000, claims that these companies failed to warn workers about the risk of developing silicosis. He was diagnosed with the condition in May 2024, which can be deadly. The lawsuit accuses the manufacturers of negligence, failure to warn, and design defects, among other complaints.

A California countertop cutter, Leonel H. Zamora Madrid, sued Caesarstone and Color Marble for developing silicosis and other lung damage after years of exposure to silica dust from engineered stone products. The lawsuit filed on November 20, 2024 in the Superior Court of California in Los Angeles County, claims the companies failed to warn about health risks and safe practices, despite knowing the dangers of silica dust. He was exposed to silica dust while working with Color Marble’s Caesarstone quartz slabs and Colorquartz slabs. He encountered illnesses including silicosis, pulmonary fibrosis, and permanent lung damage. The case highlights the risks of silica dust in the stone industry and the manufacturers’ alleged negligence.

Raul Ruiz Gutierrez filed a lawsuit in the California Superior Court of Los Angeles on November 22, 2024. He alleged that his 35 years of exposure to silica dust as a stone cutter had led to a lung transplant. He purported that his employer had failed to provide him the safety measures to protect him from the side effects of silica exposure. He seeks damages for his medical expenses and suffering from lung illness caused by silica dust.

Filing a Silicosis Lawsuit

Anyone exposed to silica dust and affected by silicosis has the right to file lawsuits, and may seek financial compensation via lawsuits. Silicosis lawsuits are currently being initiated nationwide against manufacturers of stone products and suppliers responsible for causing silica dust exposure.

Affected workers can file compensation lawsuit against the employers, manufacturers, or others responsible for their exposure, with the goal of covering medical costs, loss of earnings, and other damages. Plaintiffs are often former or current workers exposed to silica. Plaintiffs argue these companies failed to provide proper protection or warnings about silica dust dangers.

Evidence includes medical records, safety protocols, and expert testimony. Winning this lawsuit can bring compensation for medical expenses, lost wages, and related costs, aiming to hold parties accountable for negligence.

Are you looking for help with your silicosis lawsuit? Wondering how your medical records can support your case? Our company, LezDo TechMed, specializes in reviewing medical records for silicosis lawsuit. We ensure accurate information for a strong legal process. Book an appointment and check out our Free Trial.

Let’s now check out the history of silica lawsuits for your better understanding.

Silicosis Lawsuit History

Regulatory agencies have been aware of the dangers of fumed silica exposure since the 1930s. Since then, several waves of silica and silicosis litigation have exploded in the United States.

Hawks Nest Disaster (1931-1936)

In the 1930s, Union Carbide Corporation wanted to bore a tunnel through Hawks Nest Mountain in West Virginia. According to the company records, 2,000 employees worked on this project with little or no safety equipment to protect their lungs.

Union Carbide knew the mountain was pure silica sand and that drilling silica sand posed a serious health risk to workers in the area. More than 700 workers died. They bored the tunnel and Union Carbide buried them in unmarked roadside graves.

Many workers and their family members filed silica exposure lawsuit against Union Carbide. By the end of 1937, 46 states had enacted silicosis safety laws, many of which provided worker compensation for work-related workplace injuries related to silicosis.

Oil Boom and Silicosis (1970s to 2000s)

According to experts, as early as the 1950s, economic and environmental safety experts were declaring that silicosis was a problem of the past. As a result, public awareness of the dangers of silica has decreased.

At the same time, new industries began employing hundreds of thousands of workers in occupations that use a lot of silica. Shipyards, oil rigs and oil refineries kept their employees working on sandblasting.

In the 1970s and 2000s, sandblasters were the second wave of silica sand lawsuits. In the 1970s, several regulatory agencies began enacting and tightening regulations to protect workers from the hazards of inhaling crystalline silicon dioxide.

Silicosis in the Countertop Industry (2019)

National Public Radio (NPR) reported on Ublester Rodriguez. Rodriguez worked in the countertop industry for many years. He and his colleagues were working in the department of dry-cutting stone slabs.

The company changed their stone cutting system later. For Rodriguez, the damage was already done and he was affected badly. He was unable to play soccer and was advised to go for a lung transplant. Therefore, he sued stone systems for causing him silicosis. This is the first known case of silicosis in the modern countertop fabrication industry.

Silicosis Lawsuit Settlement

Now you may have a question: Can I get compensation for silicosis? The answer is yes. The silicosis lawsuit settlement amounts vary depending on the plaintiff’s silicosis severity and other health-related conditions. In cases where the plaintiff suffers only from silicosis, the compensation payment is less compared to a person whose silicosis has progressed to lung cancer or other health complications.

Norfolk Southern Railway Co (1,500,000$) Verdict

A 43-year-old male railroad contractor developed silicosis by inhaling silica dust while working for 16 years for Norfolk Southern Railway Co. The litigator stated that the defendant didn’t give protective equipment’s, provide safe workplace, and warn workers exposure to silica dust. And also violated federal law.

Therefore, the plaintiff got a verdict of 1,500,000$ at Virginia court.

American Optical (5,000,000) Verdict

The defendant denied liability, claiming that the plaintiff used the product improperly, that his employer failed to provide proper training and instructions on the safe use of the respirator, and that the product was not defective in design or manufacture. However, the plaintiff got a verdict of 5,000,000$ at Mississippi court.

US Silica Company (7,500,000) Verdict

A 66-year-old sandblaster died due to respiratory failure suffered by silicosis and emphysema. He was exposed to silica for more than 20 years, while working in the sand manufacturing US Silica Company.

Plaintiff alleged that defendant didn’t warn the users about possible dangers of their sand, and he also neglected the warning in marketing and selling. The defendant denied liability and stated that it’s his employer’s responsibility to warn the user. However, the plaintiff got a verdict of 7,500,000$ at Texas court.

To conclude, Silicosis lawsuit involves legal action related to the lung disease caused by inhaling fine silica dust. Many affected individuals are seeking compensation for their health issues.

Lawyers are gathering evidence, medical records, and witness testimony to build their cases. As the silica dust exposure lawsuits progress, courts are examining the evidence and hearing arguments from both sides. It’s an ongoing process with outcomes varying based on individual circumstances.

Certainly, it’s important to make sure workers affected by silicosis have access to proper legal support and medical assistance. If you’re looking for help with your silicosis case, consider reaching out to the best silicosis lawsuit attorney with the best medical record review assistance LezDo TechMed. Our company specializes in reviewing medical records for silicosis lawsuits to ensure accurate information for a strong legal process.

Are you an attorney handling silicosis lawsuit? Book an appointment with us today and take advantage of our Free Trial to experience our top-notch medical record review services. Your success matter to us.

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