Defendants: Don't Allow Lawyers to Gather Silica Exposure History

HOUSTON - Defendants in Texas are asking a state court judge to reconsider her decision that allowed counsel to provide a diagnosing physician with information related to a plaintiff's occupational exposure history. Moreno v. Minnesota Mining & Manufacturing Co., et al., No. 2004-14281 (Texas Dist. Ct., Harris Cty.).

In a motion filed May 12 in Harris County District Court, defendants contend that the April 18 ruling, permitting lawyers to relay the occupational and exposure history of plaintiff Ezequiel Moreno Sr., violates Texas' recently enacted medical criteria laws and allows counsel to control the flow of information to diagnosing physicians.