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Widener Univ. School of Law

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Thursday, May 31, 2007

Silicosis Screening

The WLF has a piece [PDF] by defense lawyer Nathan Schachtman (at McCarter & English) about state regulators imposing sanctions based on the 2002 silicosis screenings in Pennsylvania.

In February 2002, Texas invaded Pennsylvania. No conventional weapons were fired.
The Texans took up positions in mobile vans in motel parking lots across eastern
Pennsylvania. Without prescriptions, physicians’ orders, or regulatory approval, the Texans
directed unlawful X-ray radiation at Pennsylvania workers in the hopes of creating evidence
to be used in lawsuits for silicosis. To help establish their litigation beachhead, the Texans
hired local mercenaries – a New Jersey company in the business of providing mobile X-ray
screenings. Dozens of silicosis lawsuits were created and filed in Philadelphia as a result of
the invasion.

On January 25, 2007, the Commonwealth of Pennsylvania, through its Department of
Environmental Protection (DEP), responded by fining the New Jersey company, MOST
Health Services, Inc. The DEP found that MOST violated Pennsylvania law by conducting
X-ray screenings without physician or regulatory approval. For having unlawfully exposed
161 persons to ionizing radiation, DEP assessed a civil penalty of $80,500.00, against
MOST.

It's worth reading all of it.

--BC

http://lawprofessors.typepad.com/tortsprof/2007/05/silicosis_scree.html

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» Silicosis mass screenings ruled improper from PointOfLaw Forum
Nathan Schachtman of McCarter & English has a two-pager (PDF) for the Washington Legal Foundation on the recent ruling by an agency of the Commonwealth of Pennsylvania that mass silicosis screenings at three motel parking lots, instigated by a Texas... [Read More]

Tracked on Jun 5, 2007 8:10:29 PM

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