COALITION FOR BREATHING SAFETY APPLAUDS HOUSE COMMITTEE CHAIRMEN'S
DEMAND FOR INFORMATION ON FRAUDULENT SILICOSIS DIAGNOSES

Congress: "Serious Corruption of Medical Practices and Standards"

Washington, D.C . — The Coalition for Breathing Safety today applauded action by two key members of the U.S. House Energy and Commerce Committee to initiate an investigation into actions by doctors and medical screening companies related to thousands of bogus silicosis diagnoses. The query follows a landmark ruling last month by a federal judge in Texas who labeled as fraudulent approximately 10,000 silicosis diagnoses that form the basis for hundreds of lawsuits in eight states.

In a letter sent to physicians and x-ray screening firms on August 2, 2005, House Commerce and Energy Committee Chairman Joe Barton (R-TX) and Oversight and Investigations Subcommittee Chairman Ed Whitfield (R-KY) formally requested information from doctors and medical screeners on conduct suggesting a "serious corruption of medical practices and standards.”

Chairmen Barton and Whitfield’s request for records and information follows a scathing 249-page opinion released on July 3, 2005 by U.S. Judge Janis Graham Jack who stated that the silicosis diagnoses, which formed the basis for hundreds of lawsuits, “were about litigation rather than health care” and “were driven by neither health nor justice: they were manufactured for money.”

"We commend Reps. Barton and Whitfield for further investigating the thousands of what appear to be fraudulent silicosis diagnoses by those entrusted with the health care of patients revealed in Judge Jack's ruling," said Daniel K. Shipp, President, International Safety Equipment Association (ISEA), a member of the Coalition for Breathing Safety.

Shipp continued, "These bogus claims are having real world consequences.Many working people suffer because they are misdiagnosed and unnecessarily frightened and many U.S. companies named as defendants in these lawsuits are being hurt by what amounts to a tidal wave of unfounded silica litigation, including U.S. respirator manufacturers. Both the Department of Homeland Security and the Centers for Disease Control endorse the use of respirators for millions of emergency responders, health care providers and others. However, what Judge Jack's findings indicate are that thousands of baseless lawsuits could damage the availability of respirators, despite the fact that the U.S. government tests and certifies respirators to strict federal standards, and approves all warnings.”

Between 2000 and 2004, plaintiffs’ attorneys filed more than 300,000 silicosis claims against five respirator manufacturers alone alleging injury because of defective designs or inadequate warnings. Total costs of defending this litigation could actually exceed the total net income from respirator sales, threatening the wide availability, dependable supplies, and high quality of U.S-made respiratory safety products.

"Federal legislation is needed to protect respirator manufacturers and sellers against frivolous lawsuits and litigation fraud,” said Shipp. "H.R. 2357, a bill which would provide limited protection based on U.S. government design standards and warning requirements, has been referred to the Energy and Commerce Committee. The Coalition for Breathing Safety is pleased that by launching this inquiry the Committee recognizes how serious the litigation problem has become, and we hope the Committee will approve H.R. 2357 soon."

The Commerce Committee’s 12-part request for information from the doctors and screening companies includes all communication records, analysis or diagnosis on the silicosis issue; all medical licensing, credential information and data on the involvement in the state and federal cases; and experience, and training needed to diagnose a person with silicosis. All records are due by September 2.

To view the full text of the letter by Reps. Barton and Whitfield, along with the list of physicians who were sent the letter, go to: http://energycommerce.house.gov/108/News/08022005_1619.htm

The Coalition for Breathing Safety was formed in 2004 to ensure that millions of emergency responders, workers and citizens across the globe continue to have access to respirator safety products. The Coalition is seeking a federal solution to protect companies that make these products from the hundreds of thousands of spurious lawsuits now threatening their availability.

For additional information, please contact Paul Nathanson at 202-466-6210 or paul.nathanson@pbnco.com or George Felcyn at 202-466-6210 or george.felcyn@pbnco.com.