Brayton Purcell LLP Achieves Nearly $200 Million for Workers Impacted by Silicosis Crisis
Brayton Purcell LLP's Commitment to Silicosis Victims
In a recent announcement, Brayton Purcell LLP revealed that it has successfully secured almost $200 million in verdicts and settlements for countertop fabrication workers suffering from accelerated silicosis. This alarming condition is linked to exposure to crystalline silica found in artificial stone, which is pervasive in modern countertop fabrication. Located primarily in California, these cases highlight an ongoing public health crisis that is affecting workers, many of whom are young and have families.
The Dangers of Artificial Stone
Artificial stone countertops are made from materials that can contain over 90% crystalline silica, a component that creates extremely fine particles during cutting and polishing. These particles are toxic and can lead to severe respiratory issues, including extensive lung scarring and the need for oxygen support. In severe cases, lung transplants have become necessary for individuals diagnosed with this disease, resulting in life-altering changes for these workers and their families.
Recent Legal Victories
Among the substantial recoveries is a $52.4 million verdict awarded to Gustavo Reyes Gonzalez by a Southern California jury. This verdict, alongside other significant settlements, showcases the serious implications of exposure to toxic materials during the fabrication of these countertops. As the number of confirmed silicosis cases continues to rise, particularly among younger workers, the need for actionable solutions is becoming increasingly critical.
The Public Health Crisis
Evidence from state surveillance programs indicates that the crisis is escalating. Numerous fabrication shops across California have reported cases of silicosis, impacting hundreds of workers. Reports from the California Department of Public Health show that more than half of the 1,342 identified fabrication shops have at least one confirmed case. Workers who had previously handled natural stone have developed silicosis only after encountering artificial stone slabs, underscoring the material's inherent toxicity.
Urgent Action Needed
The Western Occupational and Environmental Medicine Association (WOEMA) has taken a stand by submitting a petition to the Cal OSHA Standards Board, demanding a ban on artificial stone with more than 1% crystalline silica. This petition is grounded in robust medical data that illustrates not only the high concentrations of silica in artificial stones but also the severe health impacts that can manifest swiftly, often in workers' thirties or forties. WOEMA's call to action stems from the urgent need for better protections as traditional safety measures have proven inadequate against this exposure.
Legislative Response
The issue garnered national attention during a recent hearing by the House Judiciary Subcommittee concerning H.R. 5437—a proposed bill that would grant immunity to manufacturers and distributors of crystalline silica products. Worker advocates, medical experts, and public health professionals voiced strong concerns, stating that without accountability, manufacturers may continue to endanger workers' health by prioritizing profit over safety. The implications of such legislation could further hinder progress in addressing the silicosis crisis.
The Way Forward
Brayton Purcell LLP is committed to representing over 700 artificial stone workers and their families, helping them navigate the long-term medical care and financial strains that accompany their illnesses. Partner James Nevin emphasized the importance of ensuring these workers have a platform for accountability and justice, stating, “The impact on these workers and their families is profound, and their voices deserve to be heard.”
The firm actively advocates for a ban on crystalline silica artificial stones in the U.S., citing the successful ban in Australia as a model. Switching to safer materials, while adhering to existing dust control methods, could transition the marketplace without jeopardizing jobs or economic stability.
Conclusion
As the crisis unfolds, it is essential for industries involved in countertop fabrication to recognize the risks associated with artificial stone. With continued advocacy from legal firms like Brayton Purcell and medical organizations, there is hope for safer working conditions and health protections against preventable diseases like silicosis. The fight for justice continues as stakeholders push for accountability and change in legislation to protect our workers.