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Eligible for a Silicosis lawsuit?
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Former artificial stone worker will need a lung transplant to address the damage done by silicosis and other injuries from inhaling silica dust.
A California couple has brought a silicosis lawsuit against multiple artificial stone slab and countertop manufacturing companies, indicating the exposure to silica dust while cutting and fabricating artificial stone caused the husband to develop the potentially fatal lung condition after 15 years of working in the industry.
Diego Granados Castro and Andrea Morado Cuevas filed the complaint (PDF) in the California Superior Court in San Francisco on February 5, indicating that his silicosis diagnosis was a direct result his work with various different countertop products. The lawsuit names dozens of defendants, including Caesarstone and Du Pond De Nemours Company, which is now known as EIDP, Inc.
Silicosis is an irreversible and often deadly lung condition, which is only known to be caused by breathing in silica dust. The disease starts with lung inflammation and scarring, but can eventually progress to lung failure, which carries a high risk of death.
A major source of silica dust is the fabricated stone countertop industry. Often referred to as “engineered stone,” these popular quartz countertops have been linked to a significant silicosis risk for stone workers, who often inhale large volumes of silica dust as they shape and cut the countertops to fit consumers’ kitchens and bathrooms.
Diego and Andreas’ complaint joins other workers and surviving family members who have filed silicosis lawsuits against manufacturers and distributors of quartz countertops, alleging that they failed to provide information to stone cutters and fabricators about the potential risks associated with exposure to silica dust.
Silicosis lawsuits are being filed by stone fabricators, construction workers and others who developed silicosis after being exposed to silica dust released from engineered countertop products.
According to the complaint, Castro has worked in the stone fabrication industry as a general helper, cutter, fabricator and installer for numerous companies in California from 2010 to present.
The lawsuit indicates that throughout his career in the industry, Castro has been exposed to silica dust, toxins and carcinogens, as well as various metals and volatile organic compounds (VOCs).
“As a direct and proximate result of his exposure to silica, metals and other toxins within said stone products manufactured, distributed, supplied, contracted, and/or brokered by Defendants, Plaintiff, Diego Granados Castro, developed lung disease characterized by pulmonary nodules, silicosis, pulmonary fibrosis, progressive massive fibrosis, and other forms of lung damage, and therefore has a significantly increased risk of developing other silica-related diseases such as lung cancer, chronic kidney disease, and autoimmune disorders such as rheumatoid arthritis, systemic lupus erythematosus, and systemic sclerosis (scleroderma),” the lawsuit states.
Castro has had to undergo substantial medical treatments as a result, including a lung biopsy, hospitalizations and surgeries, and will require a lung transplant.
He presents claims of negligence, failure to warn, design defect, fraudulent concealment and breach of implied warranty, while Cuevas has filed a claim of loss of consortium.
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