Silica Plaintiff Alleges Battery After Defense Medical Exam

OAKLAND, Calif. - A plaintiff in a California silica case is seeking sanctions against defendants and accusing a defense-hired physician of battery after the plaintiff was subjected to a blood test during a medical exam that was only to include pulmonary function and other related tests. Macias v. Lone Star Industries Inc., et al., No. RG-05-210491 (Calif. Super. Ct., Alameda Cty.).

In a motion for protective order filed June 13 in Alameda County Superior Court, counsel for plaintiff Ramon Macias allege that Macias' blood was drawn during the defense medical examination (DME) without consent and contrary to an agreement between …