Silica Plaintiffs Challenge Application of New AMA Impairment Guidelines

HOUSTON - Plaintiffs in the Texas silica litigation have filed a constitutional challenge to the state's medical criteria law, citing a newly implemented medical standard they say changes the minimum threshold for impaired plaintiffs to proceed with their claims. In Re: Texas State Silica Products Liability Litigation, No. 2004-70000 (Texas Dist. Ct., Harris Cty.).

The request for a permanent injunction was filed earlier this month in Harris County District Court on the heels of the January release of the 6th Edition of the American Medical Association Guides to the Evaluation of Permanent Impairment.

According to the request, the new edition …