Arkansas Judge Rejects ‘Troubling’ Physician Affidavit, Dismisses Sandblaster’s Silica Lawsuit

PINE BLUFF, Ark. — A federal judge in Arkansas has entered judgment in favor of defendants in a silica injury case, rejecting evidence that the plaintiff’s diagnosing physician may have opted not to inform him that he suffered from silicosis because it is an incurable disease.

Judge D.P. Marshall Jr. of the U.S. District Court for the Eastern District of Arkansas ruled July 28 that the physician’s “troubling” admission fails to defeat the defendants’ statute of limitations argument because the plaintiff’s medical records showed that he was diagnosed with silicosis more than three years before bringing suit.

Plaintiff Hershel Robinson …