In August 2024, a Southern California plaintiff diagnosed with “accelerated silicosis” (a lung disease characterized by the scarring of lung tissue that is allegedly caused by exposure to ultrafine and nano-sized crystalline silica) received a $52,437,366 verdict against three manufacturers of artificial stone slabs after a month-long trial in Reyes-Gonzalez v. Aaroha Radiant Marble & Granite Slabs, Case No 22STCCV31907 (L.A. Super. Ct., filed Sept. 29, 2022). This plaintiff received a lung transplant and allegedly requires repeated lung transplants every five years.
The New York Post reported on November 7, 2024, about Marek Marzec’s (a London native) battle with silicosis. Mr. Marzec worked for several engineered stone manufacturers in North London and Hertfordshire since 2012. He was diagnosed with silicosis in April 2024 and is unable to undergo a lung transplant due to his condition. He and several other former stoneworkers are asserting claims related to their silicosis stemming from their work cutting quartz worktops.
According to the American Lung Association, approximately 2.3 million U.S. workers are exposed to silica in the workplace. New Jersey’s Department of Health (“NJDOH”) started investigating silicosis in 1979 as it became an issue of public health. Between 1990 and 2014, the NJDOH identified four areas where there may be a risk for developing silicosis: (1) workers who cut or grind concrete, brick, and stone; (2) dental laboratory technicians; (3) non-metal miners; and workers who are involved with the manufacturing, finishing, and instillation of stone countertop products. The NJDOH, after an investigation, determined that there were 561 reported silicosis cases in New Jersey between 1979-2013.
Notably, the American Medical Association published a study in 2023 called “Silicosis Among Immigrant Engineered Stone (Quartz) Countertop Fabrication Workers in California.” (Fazio, et al., “Silicosis Among Immigrant Engineered Stone (Quartz) Countertop Fabrication Workers in California,” JAMA Intern Med. 2023, 183(9):991-998 (July 24, 2023). The study reported on fifty-two male patients diagnosed with silicosis caused by occupational exposure to respirable silica dust from engineered stone. Among the group, twenty suffered progressive massive fibrosis, eleven required lung transplants, and ten died due to their exposure. With these recent developments, OSHA and NIOSH identified silica dust exposure as a health hazard for workers who manufacture, finish, and install natural and manufactured stone, including engineered, artificial, or cultured types. California adopted emergency measures to limit silica exposure among workers and has indicated it could consider banning engineered stone. In July 2024, Australia banned using, supplying, and manufacturing engineered stone due to a burst in silicosis cases.
We anticipate an increase in silicosis-related personal injury cases in the United States due to the increased popularity of engineered stone countertops utilized in many residential homes, noting that quartz surface imports to the United States increased by approximately 800% during 2010-2018 (see Rose, et al., Severe Silicosis in Engineered Stone Fabrication Workers – California, Colorado, Texas, and Washington, 2017-2019, 68 Morbidity and Medical Weekly Report (September 27, 2019)).
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