One Percent of Plaintiffs Respond with Evidence in Texas Silica MDL

The Southeast Texas Record has reported that only 54 plaintiffs out of over 5,000 in a silicosis multidistrict litigation court offered up the requested information that would have met medical requirements and permit their lawsuits to advance. That's about 1 percent.

Recent changes to the rules were made by the Texas Legislature in 2005. The Legislature thought the reform would bring an effective system for plaintiffs who were actually injured, while "preventing scarce judicial and litigant resources from being misdirected by the claims of individuals who have been exposed to ... silica but have no functional or physical impairment ... from silica-related disease."

It set to do so by demanding claimants to give detailed expert reports and compacting the cases in an MDL court, in which the minimum level of impairment must be shown.

Of the 54 people who attempted to comply with the medical requests, only 21 plaintiffs met the requirements.

To view the full article, follow this link: http://bit.ly/dkjAXx

July 23, 2010

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