February 02, 2005

Out of 8,629 plaintiffs claiming injury from exposure to silica, 5,174 have filed claims seeking (and probably receiving) recovery for injury caused by exposure to asbestos. In a "lawsuit under way in Corpus Christi, Tex., doctors who had signed documents saying that plaintiffs in the case suffered from silicosis backed away from those conclusions when questioned under oath late last year." (Jonathan D. Glater, "Companies Get Weapon in Injury Suits", NY Times, Feb. 2). The Senate Judiciary Committee is holding hearings this morning on asbestos litigation reform; Professor Lester Brickman's testimony is particularly interesting; it seems opponents of asbestos litigation reform are pushing for a loophole in the bill that would encourage such double-recovery.