Lawsuit Alleges 20 Years of Silica Exposure Led to Silicosis, Lung Damage

Stonecutters say artificial stone countertop manufacturers and retailers failed to protect them from silica dust exposure.

A California man claims that he and other countertop fabricators and installers across the state’s artificial stone industry could have been spared devastating lung injuries if they had been provided adequate safety equipment to prevent inhalation of silica dust and other harmful particles.

Domingo Antonio Hernandez Palacios filed a complaint (PDF) on October 8, alleging that the lack of protective equipment and other measures by artificial stone and quartz countertop manufacturers he worked for over the years left him with a diagnosis of silicosis, pulmonary fibrosis, progressive massive fibrosis and other forms of lung damage. 

The lawsuit, filed in California Superior Court in San Francisco County, names dozens of artificial stone suppliers, countertop retailers and respiratory safety device manufacturers as defendants.

Palacios joins an increasing number of other fabricators, installers and stonecutters pursuing silicosis lawsuits, each raising similar allegations that they developed severe, potentially life-threatening lung damage due to silica dust exposure while working with artificial stone products.

Silicosis is an irreversible lung disease that is only known to be caused by routine exposure and inhalation of silica dust, which most often comes from cutting artificial stone products. Silica dust lung damage can cause lung inflammation and scarring, and eventually develop into lung failure, and the need for lung transplant surgery.

According to his lawsuit, Palacios began working in the stonecutting industry as a helper, fabricator and polisher in 2005. He continued to work for various employers throughout the Los Angeles area until the present.

The complaint indicates that Palacios was provided respiratory safety devices by his employers. However, like many others, he only learned the equipment was inadequate after being diagnosed with silicosis and other serious lung damage, leaving him at increased risk of conditions such as lung cancer, kidney disease, and rheumatoid arthritis, and likely requiring a future lung transplant.

“Cutting, grinding, drilling, chipping, edging, and/or polishing (collectively ‘fabricating’) stone products produces large amounts of respirable crystalline silica dust which stone fabrication workers inhale, typically causing chronic silicosis as well as lung cancer and various other silica-related diseases.”

– Palacios v. 3M Company et al

Palacios presents claims of negligence, design defect, breach of warranty, and fraudulent concealment, seeking both compensatory and punitive damages, including life-long medical monitoring.

Silica Exposure Lawsuits

After being given equipment they were told would protect them from exposure to silica dust and other contaminants, fabricators and installers of artificial stone countertops across California are still being diagnosed with silicosis, a progressive, incurable condition.

These chronic illnesses have led to an increasing number of silicosis lawsuits being filed in California state courts, each alleging that manufacturers and employers knew about these risks to workers, yet failed to take sufficient measures to educate or protect employees, violating occupational safety regulations.

As a result, lawyers across the United States are providing free case evaluations for individuals who were exposed to silica dust throughout their careers and have subsequently been diagnosed with silicosis.

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