Defendants Ask Court to Adopt Two-Disease Rule and Dismiss Fear of Cancer Claim

PHILADELPHIA - Defendants in a Pennsylvania silica case have asked a state court judge to apply the state's 'two-disease rule' in dismissing a plaintiff's claims for increased risk of future silica-related diseases such as cancer and autoimmune disorders. West v. U.S. Silica, et al., No. 0208-2265 (Pa. Comm Pls., Philadelphia Cty.).

In a motion for partial summary judgment filed Jan. 11 in Philadelphia Court of Common Pleas, U.S. Silica argues that the need for a separate disease rule in silica litigation, similar to that which has been adopted in asbestos cases, is supported by the controversial and conflicting evidence of …