Judge Rejects Fraud Allegations in Silica Lung Cancer Case

FORT MYERS, Fla. - A federal judge has denied a motion to set aside a settlement that defendants said they negotiated prior to discovering medical evidence that the plaintiff may have withheld information about his smoking history. Hughes v. Matchless Metal Polish Co., No. 04-485 (M.D. Fla.).

On Sept. 24, Judge John E. Steele of the U.S. District Court for the Middle District of Florida denied the motion, and related motions to dismiss the case outright, saying defendant Matchless Metal Polish Co. was given sufficient notice through depositions and interrogatories about gaps in plaintiff Jack Hughes' medical treatment and the …