Judge Says Exercise Testing Required for Plaintiffs Alleging Silica Injuries

HOUSTON - Certain plaintiffs filing silica complaints in Texas must undergo exercise testing in order to establish impairment sufficient to proceed with their claims under the state's new silica law, a judge has ruled. In re Texas State Silica Products Liability Litigation, No. 2004-70000 (Texas Dist. Ct., Harris Cty.).

Judge Tracy Christopher, who presides over the state's silica MDL in Harris County, ruled July 5 that plaintiffs with normal forced vital capacity (FVC) and forced expiratory volume (FEV), but who have an abnormal diffusing capacity (Dco), are required to submit to exercise testing in order to show Class 2 impairment.