3M: No Confusion in Missouri Plaintiff's Silica Injury Diagnosis

ST. LOUIS, Mo. - A silica plaintiff who said he was confused about whether he suffered from silicosis because his treating doctors disagreed over the diagnosis cannot use his uncertainty as a reason for waiting too long to file a complaint, defendant 3M says in court papers filed recently in Missouri. Midkiff, et al. v. 3M Co., et al., No. 08-1221 (E.D. Mo.).

3M said in a Jan. 12 reply brief supporting its motion for summary judgment on statute of limitations grounds that just because doctors were at odds over whether plaintiff David Midkiff had silicosis, the plaintiff was capable …