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Taft Signs Law Limiting Lawsuits Over Lung Damage from Silica
Associated Press
COLUMBUS, Ohio—Fewer Ohioans may sue over exposure to dust used in sandblasting, foundries and glassmaking under a law signed Wednesday by Gov. Bob Taft.
Like a similar bill covering lawsuits over asbestos that the Legislature also passed last month, the law requires specific medical tests from certified specialists to prove a person has silicosis, or lung damage from exposure to silica, commonly found as quartz.
When ground into dust, silica can travel deep into the lung, causing swelling and scarring of the delicate tissues, obstructing air flow. Asbestos is chemically related but the disease symptoms differ.
Deaths attributed to silicosis have dropped dramatically to about 200 in 1998 from nearly 1,200 in 1968, according to the latest figures available from the National Center for Health Statistics. In Ohio, there were 223 deaths in the 1990s, second only to Pennsylvania with 423.
The pro-business Ohio Alliance for Civil Justice, which supported the legislation, anticipates more silica lawsuits.
The Ohio Academy of Trial Lawyers opposed the bill, saying ill workers might be short of breath or have pain and fatigue but still pass the lung capacity test outlined in the law.
Taft, a Republican, said the changes are part of a comprehensive package on lawsuit reform that he said are essential to keeping and attracting employers.
The bill takes effect in 90 days.