Miss. Judge OKs Silica Lawsuit Filed 13 Years After Sandblaster First Experienced Lung Symptoms

HATTIESBURG, Miss. — A federal judge has allowed silica personal injury claims to proceed against respirator defendants in Mississippi despite evidence that the plaintiff experienced symptoms of silica-related lung disease more than one decade before filing his lawsuit.

Judge Keith Starrett of the U.S. District Court for the Southern District of Mississippi ruled June 18 that without evidence the plaintiff had been definitively diagnosed with silicosis or pulmonary fibrosis more than three years before filing his claim, defendants 3M Co. and Empire Abrasive Equipment Corp. are not entitled to summary judgment based on Mississippi’s three-year statute of limitations.

Judge Starrett …