Monday, March 31, 2008

Silicosis Litigation on the Rise

Silicosis Litigation on the Rise
In the early 1930s, a mining scandal in Hawk's Nest, West
Virginia rocketed the country, calling attention to the
dangers of an industrial mineral called crystalline silica.
A construction company asked its workers to mine the
mineral using dynamite, but did not give them breathing
masks to prevent them from inhaling the thick dust that
resulted. Nor were the workers told of the dangers of the
silica dust, which collected so heavily on their skin and
clothes that they tracked it home at night. As little as a
year later, they began dying of a severe respiratory
difficulty that we now know was probably silicosis, a
disabling and incurable lung disease.

The Hawk's Nest scandal resulted in a slew of lawsuits and
a new, strict set of workplace safety standards from the
Occupational Safety and Health Administration (OSHA)
mandating ventilation, protective gear and limits on how
long a worker may be exposed to silica. Since the Great
Depression, the number of U.S. silicosis deaths has
steadily declined, and personal-injury suits related to the
disease have dwindled that is, until now.

In the past four years, the number of silicosis-related
lawsuits filed in the U.S. has skyrocketed. U.S. Silica,
one of the nation's largest makers of industrial silica
sand, reported a tenfold rise in personal-injury suits
against it between June of 2001 and June of 2002. The state
of Mississippi saw 76 new silicosis suits statewide in
2001; by the end of 2004, that figure was more than 20,000.

Part of that rise can be attributed to simple probability.
Silica is the second most common mineral on Earth, found in
hundreds of industrial materials such as concrete, cement,
sands, paints and pavement. And despite the well-known
danger of silicosis, which was identified in European stone
cutters as early as 1705, some employers still fail to
adequately protect their workers or warn them to avoid
silica dust. OSHA reports that 1.7 million U.S. workers are
exposed to silica dust each year; 250 of those workers die.

But another part of the increase in silicosis litigation
has to do with its similarities with asbestos litigation.
Like silica, asbestos is an industrial mineral that was
once widespread in construction and manufacturing,
potentially exposing millions of Americans to a
debilitating disease. Like silica, asbestos can be inhaled
but not exhaled, causing lung scarring and crippling
respiratory damage. The same industries and many of the
same companies were involved in the manufacture and use of
both minerals.

Unlike silica litigation, asbestos litigation has passed
its peak, with many lawsuits either finished or slated for
a general settlement fund put together by Congress. With
awareness of silica dust's dangers rising, asbestos
attorneys are now lending their experience and expertise to
silica litigation.

Like asbestosis and other asbestos-related diseases,
silicosis is caused by the human body's inability to
breathe out fine particles that reach toxic concentrations
with repeated occupational exposure. Once silica finds its
way into the body, it lodges deep within a part of the
lungs that can't be cleared by coughing or mucous. Over
time, this causes inflammation, scarring, and a tissue
buildup called pulmonary fibrosis — all of which leave the
victim short of breath after even light exercise. Other
symptoms include fatigue, extremities turning blue, loss of
appetite and a persistent cough. In more severe cases,
silicosis can weaken the heart and cause respiratory
failure, leaving patients dependent on a respirator to
breathe. It has no cure. And because silicosis is caused
only by occupational exposure, it is 100 percent
preventable.


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To learn more about silicosis lawsuits, visit
http://www.LegalView.com/ . Readers can also learn about
the latest mesothelioma jury verdicts, which is a disease
similar to silicosis. Or learn about the Heparin recall at
http://baxter-heparin.legalview.com/ .

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