The litigation surrounding crystalline silica is related to individuals who develop silicosis caused by exposure to respirable crystalline silica (“RCS”) in excess of established occupational exposure limits and/or failure to follow regulatory standards and product warnings. Product Group attorneys have extensive experience in defending against these complex matters, specifically through offering compelling litigation advice, state-of-the art defenses, expert witness development, deposition preparation of corporate witnesses, and overall trial strategy. Our attorneys draw from experience in assessing cases and conducting comprehensive review and analysis of workplace conditions, testimony, and extensive discovery, including medical records. The Product Group at MMM&K is well versed in these matters and is capable of providing a broad range of client-tailored defenses these specific cases require.

Partner Jennifer Creedon and Kate Wyatt, Product Group Chairs, have substantial expertise in the effects of silica overexposure resulting in a long history of claims, litigation, and in turn a historical abuse of diagnostic practices. In the early 2000s, there was a significant increase in claims by workers alleging silica-related injuries. In 2003, more than 10,000 cases were brought together before U.S. District Court Judge Janis Graham Jack in the Southern District of Texas who dismissed litigation for doctors failing to satisfy the base criteria for a silicosis diagnosis, document exposure to silica dust, and rule out other explanations of the imaging results or lung damage.

In addition to litigation, Product Group attorneys give insightful recommendations regarding publications and regulations issued by OSHA, the Consumer Product Safety Commission, and California Proposition 65. Through review of hazard alerts, studies, and corresponding publications, our attorneys have also assessed and advised companies on the evolving landscape of Cal/OSHA silica regulation. The Product Group’s regulatory practice encompasses compliance, enforcement, and litigation in a wide range of silica containing construction and consumer products such as tile, natural stone, engineered stone, concrete, masonry, and wallboard. Accordingly, we provide strategies to manufacturers, suppliers, and distributors on the technical aspects of regulatory compliance to protect clients against claims of unlawful, false, and misleading product labeling, as well as product component toxicity, in cases involving over-exposure to crystalline silica.

MMM&K attorneys also facilitate studies with experts and third-party organizations which focus on silica exposure and health risks in both occupational and non occupational settings. MMM&K was involved in an industry-wide study showing the use of cutting and installation practices common to the tile industry to demonstrate that exposure to RCS from these practices does not rise to the level of an increased risk of cancer above federal and state standards. Product Group attorneys are also positioned to collaborate with expert organizations to provide services to test client products for crystalline silica content as part of regulatory compliance and litigation strategy.

Our attorneys utilize these analyses to communicate the hazards and proper use of such products to their customers under OSHA, CPSC, and Proposition 65 to manufacturers and distributors of silica-containing products. We take it a step further by advising companies on their market entry analysis and strategy involving product labeling, warnings, Safety Data Sheets, litigation, risk mitigation, and management. In this constantly changing field of toxic tort, keeping abreast of evolving literature, regulations, and scientific developments is critical. Product Group attorneys possess the necessary qualifications and experience to deliver strong, result-driven strategies to our clients.