Fear of Cancer and Silica Litigation: The Sword of Damocles
by John R. Fabry, Esq.

photo-1About the Author

John Fabry practices with the The Williams Bailey Law Firm of Houston, Texas. Mr. Fabry represents plaintiffs, primarily in toxic tort cases, including cases brought under the Federal Employers' Liability Act. He currently devotes most of his time to prosecuting silica, lead, and carbon monoxide injury litigation.

Earlier this year, the U.S. Supreme Court held that six former employees of the Norfolk & Western Railway Company (Norfolk) suffering from asbestosis could recover damages for fear of cancer. The plaintiffs brought suit against Norfolk under the Federal Employers' Liability Act (FELA), alleging they contracted …