Silicosis Lawsuit

Silicosis Lawsuit Overview

Quartz and engineered stone countertops have become increasingly popular in recent decades, but they contain respirable crystalline silica (RCS), or silica dust, which poses serious health risks for workers fabricating, cutting or installing these products. 

The processes of cutting, grinding, and polishing engineered stone countertops can emit fine silica dust particles into the air, which are often inhaled by workers.  When this silica dust accumulates in the lungs, it can cause irritation and inflammation. Over time, continued silica exposure can damage lung tissue, leading to a chronic lung disease known as silicosis, which is an incurable lung disease characterized by the formation of scar tissue in the lungs and impairs the ability to breathe.

Medical research and silicosis warnings from the U.S. Centers for Disease Control and Prevention (CDC) indicate that regular exposure to airborne silica dust particles from these countertops products has now been linked to a growing number of silicosis injuries.

Individuals working in the countertop industry, especially those involved with engineered stone, are now filing silicosis lawsuits against employers, manufacturers, and suppliers of stone products over the failure to adequately warn about the risk of developing silicosis.  In addition, a number of safety procedures could have been implemented to mitigate silica dust exposure, which could have allowed workers to avoid a devastating silicosis diagnosis.

Who Qualifies for a Silicosis Lawsuit?

You may be eligible for a quartz countertop silicosis lawsuit settlement if you were regularly exposed to silica dust and were diagnosed with any of the following illnesses or diseases;

• Silicosis
• Chronic obstructive pulmonary disease (COPD)
• Kidney disease
• Lung cancer
• Lung infections, like tuberculosis

To determine if you or a loved one qualify for a Silicosis lawsuit, submit information for review by an engineered stone silicosis lawyer, who will evaluate the circumstances of your potential claim.

Attorneys handle all silicosis lawsuits on a contingency fee basis, which means that there are no fees or expenses paid unless a settlement or lawsuit payout is received.

2024 Silicosis Lawsuit Updates

November 13, 2024 Update: Ignacio Ladino Castillo filed a silica dust side effects lawsuit in the Superior Court of California in Los Angeles on November 6, naming various different artificial stone, marble and granite manufacturers as defendants, alleging that they knew about the silicosis risks since the late 1930s, but failed to disclose the potential side effects from silica dust when the countertops are cut, fabricated or installed.

November 6, 2024 Update: In a report published this week by the BBC, the surviving wives of two stonemasons that died of silicosis raised concerns that there may be many more similar stonemason deaths to come, comparing the risks associated with silica dust to asbestos, which is a toxic fiber that has killed hundreds of thousands of workers in various industries in prior decades.

October 30, 2024 Update: A California man has filed a silicosis lawsuit against several quartz countertop manufacturers and distributors, alleging that the companies failed to provide sufficient warnings about the dangers of inhaling silica dust while cutting, fabricating or installing the engineered stone products.

October 24, 2024 Update: A new case series published in the medical journal Thorax highlights the link between quartz countertops and silicosis, warning that at least eight migrant laborers working in southern England developed silicosis after cutting and polishing artificial stone. The series indicates one of the men has died, and two have been referred for lung transplant. According to the researchers, these are the first known cases of silicosis linked to artificial stone that have been diagnosed in the U.K., but it appears the problems are much more prevalent than previously believed.

Silicosis Risks for Stone Countertop Workers

Engineered stone has gained significant popularity for kitchen and bathroom countertops over the past two decades, due to its resistance to stains and cracks. However, engineered stone has been found to contain 90% crystalline silica, which is a natural mineral found in sand, stone, and concrete.

When engineered stones are cut, ground, or polished, they release fine particles of silica dust into the air due to their high content of crystalline silica bonded with resins. This cutting or manipulating process releases tiny silica particles, which are small enough to be deeply inhaled into the lungs of stone fabricators and handlers.

In recent years, the U.S. Centers for Disease Control and Prevention (CDC) has identified a high prevalence of silicosis among stone fabricators, with epidemiological studies showing incidence rates between 30% and 40%.

The Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health have identified exposure to crystalline silica as a major health hazard for quartz countertop workers, who are involved in manufacturing, finishing, or installing both natural and engineered stone products.

To reduce the risk of silicosis among quartz countertop workers, OSHA now advises employers to monitor and control exposure to respirable crystalline silica, ensuring that worker exposure does not exceed 50 µg/m³ as an 8-hour time-weighted average.  The agency also recommends measures be taken to reduce the risk of silica exposure, such as wet sawing, using filters, air monitoring, improved ventilation, HEPA-filtered vacuums, and adequate respiratory protection.

What is Silicosis?

Silicosis is an incurable lung disease that results from inhaling crystalline silica dust, which causes inflammation and scarring in the lungs and impairs breathing.

Pictured in the diagram below, a healthy lung is shown with clear, unobstructed airways and normal alveoli. On the right, is a lung affected by silicosis, which is marked by significant scarring and nodules. These dark clusters indicate fibrotic tissue from silica exposure, reducing lung elasticity and blocking air passages, ultimately making breathing difficult.

Types of Silicosis

There are three main types of silicosis countertop workers may experience, each varying in severity and progression rate based on the intensity and duration of silica exposure.

• Chronic Silicosis: The most common type, resulting from long-term exposure to low to moderate levels of silica dust. It typically takes 10-30 years to develop and is diagnosed. On radiographic imaging, it may appear in two forms: simple or complicated, which reflects the extent of lung damage.
• Accelerated Silicosis: Caused by exposure to high levels of silica over a shorter period, this form can develop within 5-10 years of exposure. It progresses more rapidly than chronic silicosis, leading to severe lung scarring and symptoms more quickly.
• Acute Silicosis: This severe form arises from very high levels of exposure over a brief period. It rapidly causes extreme inflammation and fluid accumulation in the lungs, presenting serious health risks soon after exposure.

Symptoms of Silicosis

• Shortness of breath
• Persistent cough
• Fatigue
• Chest pain
• Weight loss
• In severe cases, respiratory failure

How is Silicosis Treated?

Treatment for silicosis focuses on alleviating symptoms and managing the progression of the disease, as there is no cure for silicosis once it has developed.

Treatments for Silicosis Include:

• Bronchodilators: These medications help relax the muscles around the airways in the lungs, facilitating easier breathing by widening the air passages.
• Lung Transplants: In advanced stages of silicosis, patients may be candidates for a single or double lung transplant, which can significantly improve life expectancy. However, lung transplants can often exceed $1 million per lung.
• Pulmonary Rehabilitation: This program educates patients on exercises and breathing techniques that strengthen the lungs, enhancing both quality of life and respiratory function.
• Supplemental Oxygen: For patients struggling with severe shortness of breath, supplemental oxygen delivered via a tube or mask can provide critical relief by ensuring adequate oxygen intake.

Silica Dust Inhalation Side Effects

Stone countertop fabricators inhaling silica dust during the cutting, grinding, and polishing processes are at an increased risk of serious health issues over time, due to the tiny silica particles settling in the lungs and causing damage.

Other illnesses commonly linked to silica dust exposure include;

• Chronic Obstructive Pulmonary Disease (COPD): A group of lung conditions that block airflow and make it difficult to breathe.
• Kidney Disease: Long-term exposure to silica dust can adversely affect kidney function.
• Lung Cancer: The inhalation of silica dust is a recognized carcinogenic risk, increasing the likelihood of developing lung cancer.
• Lung Infections: Exposure to silica dust can predispose individuals to infections like tuberculosis, as lung function is compromised.

Quartz Countertop Fabricators Silicosis Risks Study

According to findings published in the medical journal JAMA Internal Medicine in July 2023, researchers reviewed 52 cases of silicosis among quartz manufacturer workers in California, most of which were male Latino migrant workers, who lacked adequate health insurance.

The researchers warned that doctors initially failed to diagnose silicosis in 30 of the patients, or 58%. In most of those cases, the men were given a misdiagnosis of bacterial pneumonia or tuberculosis. The delayed silicosis diagnosis often led to patients suffering from advanced progression of the disease before they were properly diagnosed.

Researchers found that a total of 10 of the men died from silicosis complications at a median age of 46. While 11 were referred for lung transplant, only three underwent the procedure, with one dying as a result. Seven of the men were declined a lung transplant, and six of those men died.

The findings indicate the men worked in the quartz countertop manufacturing industry for a median of 15 years. Less than half of the men reported use of water suppression to prevent dust inhalation, and nearly half continued to work in quartz countertop manufacturing even after their silicosis diagnosis.

Silicosis Lawsuits

As a result of the mounting research establishing that steps could have been taken to reduce silica dust exposure risks for engineered stone countertop workers, a growing number of individuals throughout the U.S. are now investigating silicosis lawsuits against the manufacturer and distributors of the quartz stone products.

Each of the engineered stone silicosis lawsuits raise similar allegations that the manufacturers and distributors failed to adequately warn about the risks of silica dust exposure.

Allegations Raised in Silicosis Lawsuits

• Negligence: Lawsuits accuse defendants of failing to exercise due care in the design, manufacture, testing, inspection, marketing, and distribution of their stone products. The complaint alleges that the defendants knew or should have known about the risks associated with silica exposure but failed to take adequate precautions to protect workers.
• Product Liability – Failure to Warn: Lawsuits assert that the defendants did not adequately warn users about the dangers of silica dust from the engineered stone, which is known to cause severe respiratory issues and silicosis.
• Product Liability – Design Defect: The lawsuits claim the engineered stone products were defectively designed in a way that made them inherently dangerous when they could have been designed more safely.
• Fraudulent Concealment: Plaintiffs claims that the defendants engaged in deceptive practices by concealing the health risks associated with their products, and that the defendants were aware of the harmful effects of silica exposure, yet chose to withhold this critical information from the public and regulatory agencies.
• Breach of Implied Warranties: The lawsuit also alleges that the defendants breached implied warranties that their products were of merchantable quality and fit for the purposes for which they were sold, including safe use in residential and commercial construction.

Is there a silicosis class action lawsuit?

At this time, there is not a class action lawsuit for silicosis. Stone fabricators and those exposed to silica dust that have developed silicosis, or other respiratory injuries or disease are pursuing individual claims.

Which stone countertop manufacturers are being sued for silicosis injuries?

Silicosis lawsuits have been filed against multiple stone countertop manufacturers and suppliers, including:

• All Natural Stone Berkeley, Inc.
• Architectural Surfaces Group, LLC
• Arizona Tile, L.L.C.
• C & C North America, Inc.
• Caesarstone Ltd (formerly known as Caesarstone Sdot-Yam Ltd.)
• Caesarstone USA, Inc.
• Cambria Company LLC
• Cosentino Global Sociedad Limitada
• Cosentino Industrial SA
• Cosentino SA
• Costco Wholesale Corporation
• Dal-Tile Distribution, LLC
• Dal-Tile International Inc.
• Dal-Tile, LLC
• Dal-Tile Tennessee, LLC
• EIDP, Inc. (formerly E. I. du Pont de Nemours and Company)
• Elite Quartz Mfg LLC
• Hirsch Glass Corp
• Home Depot U.S.A., Inc.
• Hyundai L&C USA, Inc.
• Hyundai L&C USA LLC
• IKEA US Retail LLC
• Integrated Resources Group, Inc.
• Lowe’s Home Centers, LLC
• LX Hausys America, Inc.
• M S International, Inc.
• Mohawk Industries, Inc.
• Paragon Industries, Inc. (dba Bedrosians Tile & Stone)
• Surface Warehouse, L.P.
• Teltos Trade, Inc.

How long do I have to file a silicosis lawsuit?

The statute of limitations for filing a silicosis lawsuit due to silica dust exposure from working with engineered stone products varies significantly for each state in the U.S.. Each state in the U.S. has its own statute of limitations for personal injury claims.

Generally, these statutes range from one to six years, depending on the specific state laws where the exposure occurred or where the claim is filed.

Examples of Engineered Stone Silicosis Lawsuits

Many stone fabricators and construction workers who have spent years inhaling silica dust from quarts and engineered stone countertop products have filed lawsuits against the manufacturers and distributors of the products.

Countertop Stone Silicosis and Pulmonary Fibrosis Lawsuit

Fernando Abrego Perez filed a stone fabricator silicosis lawsuit in the Superior Court of the State of California on October 22, 2024, indicating that developed silicosis, pulmonary fibrosis, and other related medical conditions as a result of the manufacturers and distributors failure to warn about the health risks of engineered stone countertops.

Perez claims that From approximately 1992 to 2012, he worked as a stone fabricator for Pacific Stone Granite & Marble, located in Concord, California, where he would routinely cut, ground, drill, edge, polish, and fabricate artificial stone and natural stone products to become countertops in kitchens and bathrooms for customers. Perez claims that throughout his career, no warnings were ever provided about the potential silicosis and respiratory side effects of engineered stone dust exposure.

$52.4 Million Silicosis Lawsuit Settlement Verdict

Gustavo Reyes Gonzalez filed a silicosis lawsuit in the Superior Court of the State of California County of Los Angeles, Central District in September 2022, claiming he developed silicosis and required a lung transplant due to silica dust exposure from working with engineered stone slabs used in kitchens and bathrooms for nearly 24 years at local stores in Southern California.

The case ultimately went to trial and resulted in a massive $52.4 million silicosis lawsuit jury verdict against Caesarstone, Cambria and Color Marble in August 2024, for their responsibility in failing to adequately warn Gonzalez about the silicosis risks posed by engineered countertop products.

Engineered Stone Silicosis Lawsuit Settlements

If you were diagnosed with silicosis from exposure to silica dust while working on engineered stone, you could potentially pursue several types of damages in a lawsuit:

Medical Expenses

This includes costs for past and future medical treatment related to silicosis. It can cover hospital stays, medical treatments, medications, and any specialized medical equipment needed.

Lost Wages and Earning Capacity

If the illness has led to time away from work or has diminished your ability to earn a living in the future, you can claim damages for these losses. This might include compensation for missed wages and loss of future earnings if the illness has permanently affected your ability to work.

Pain and Suffering

This covers physical pain and emotional distress caused by the illness. The calculation for pain and suffering can vary widely and often depends on the severity of the illness and its impact on your daily life.

Loss of Consortium

If the illness has adversely affected your relationship with your spouse, you can claim damages for loss of consortium, which compensates for the loss of companionship and support.

Punitive Damages

In cases where the defendant’s conduct is found to be especially harmful or egregious, punitive damages may be awarded to punish the defendant and deter similar conduct in the future.

Wrongful Death

If the exposure leads to death, family members or the estate of the deceased can file a wrongful death claim. Damages in a wrongful death claim can include:

• Medical costs incurred prior to death
• Funeral and burial expenses
• Loss of financial support: This includes the earnings the deceased would have provided had they lived.
• Loss of companionship: Damages for the emotional impact on the surviving family members.

Engineered Stone Silicosis Lawyers

Silicosis lawyers are providing free consultations and claim evaluations for individuals who developed silicosis or other respiratory injuries or diseases after being exposed to silica dust released from natural stone and engineered countertop products.

Attorneys handle all Silicosis lawsuits on a contingency fee basis, which means that there are no fees or expenses paid unless a settlement or lawsuit payout is received.

How to File a Silicosis Lawsuit?

To determine whether you or a loved one may be eligible for a silicosis lawsuit settlement, submit information about your potential claim for review by a lawyer to determine whether a settlement or lawsuit payout may be available.

There are no fees or expenses unless a recovery is obtained in your case.