Judge Refuses to Dismiss Cases Generated by Illegal X-Ray Screenings

PHILADELPHIA - An administrative ruling and fine levied against a company for conducting unauthorized X-rays of potential silica claimants is not enough to justify dismissal of all pending silica cases that originated from the illegal screenings, a state court judge has ruled. In Re Silica Litigation, March Term, 2003, No. 0001 (Pa. Ct. Comm. Pls., Philadelphia Cty.).

In a June 16 order, Philadelphia Common Pleas Court Judge Sandra Mazer Moss rejected a bid by defendants to have the majority of Judge Moss' coordinated silica docket thrown out because the cases faced causation hurdles as a result of the screenings.