Judge Passes on Constitutional Ruling, Allows Texas Claim to Proceed

HOUSTON - A Texas judge has declined to rule on whether the state's medical criteria for silica cases is unconstitutional after finding that a plaintiff who challenged the statute can proceed with his lawsuit based on the uniqueness of his alleged injury. Olivas v. Oglebay Norton Industrial Sands Inc., et al., No. 2000-00200 (Texas Dist. Ct., Harris Cty.).

Judge Tracy Christopher, who oversees the state silica MDL in Harris County's 295th District Court, ruled June 12 that Pilar Olivas meets the level of impairment required by Texas's §90.004 for pursuing a silica personal injury claim.

Olivas challenged the statute, which …