Plaintiff Says Conflicting Diagnoses Trumps 3M Limitations Argument

ST. LOUIS, Mo. - A Missouri silica plaintiff who defendant 3M Co. says waited too long to file his lawsuit has responded to the allegations, indicating that he brought the complaint after two pulmonary doctors argued for more than a year over whether he suffered from silicosis. Midkiff, et al. v. 3M Co., et al., No. 08-1221 (E.D. Mo.).

David Midkiff filed his response to 3M's motion for summary judgment Jan. 5 in U.S. District Court for the Eastern District of Missouri, arguing that fact issues remain as to when he received a single, undisputed diagnosis of a silica-related disease.