Science

Jury finds stone companies at fault in lawsuit by countertop cutter sick with silicosis

Published

5 months ago

August 8, 2024

Jury finds stone companies at fault in lawsuit by countertop cutter sick with silicosis

A Los Angeles County jury found businesses that make or distribute engineered stone at fault Wednesday for the suffering of a 34-year-old stonecutter afflicted with an incurable disease.

In a decision watched closely by silicosis experts and the stone industry, jurors deliberating at Stanley Mosk Courthouse in downtown L.A. decided largely in favor of Gustavo Reyes Gonzalez, who was diagnosed with silicosis and had to undergo a double lung transplant after years of cutting engineered stone countertops.

The decision followed deliberations that spanned five days of the multi-week trial. Before the verdict, the two sides in the case had agreed that economic losses for Reyes Gonzalez exceeded $8 million.

The jury decided that other damages — which could include physical pain, mental suffering and emotional distress — amounted to more than $44 million. However, because the jury did not deem the defendants wholly responsible for those damages, they will not be collectively liable for the full amount.

It concluded that Caesarstone USA bore 15% of the responsibility, Cambria 10% and Color Marble 2.5%. The court will ultimately determine how much each defendant must pay.

Reyes Gonzalez is among scores of California countertop cutters who have sued companies like Caesarstone and Cambria after falling ill with silicosis, which is caused by inhaling tiny particles of crystalline silica.

His case was the first to go to trial, according to his attorneys. It tested whether companies that manufacture or distribute slabs of artificial stone, commonly marketed as quartz, could be held responsible for the ravages of silicosis, an ancient disease now emerging among countertop cutters barely in middle age.

Scientists have linked the eruption of silicosis cases among stonecutters to the booming popularity of engineered stone, which is typically much higher in lung-scarring silica than natural stone such as granite or marble. In California, more than a dozen countertop cutters have died of silicosis in recent years. In a recent study of the emerging cases and fatalities, researchers found the median age at death was 46.

Attorneys for Reyes Gonzalez argued that the companies had failed to provide sufficient warning about the dangers of cutting the slabs and that the risks far outweighed the benefits of their products. Gilbert Purcell, one of his lawyers, told the jury that engineered stone has “nasty, nasty risks” that had not been properly disclosed.

“A company should never needlessly cause risk to others,” Purcell said, “and that’s what they did.”

For instance, Purcell argued, Cambria had failed for a decade and a half to warn that silica dust could be an invisible hazard. How can workers avoid breathing dust, he argued, “when you can’t even know you’re breathing it because it’s invisible?”

A cloud of dust envelops a countertop fabricator cutting engineered stone at a Sun Valley shop last year.

(Brian van der Brug / Los Angeles Times)

Lawyers representing companies that make or distribute engineered stone argued that the operators of the Orange County workshops where Reyes Gonzalez worked were to blame. If they had used the proper protections, he would not have gotten silicosis, said Peter Strotz, an attorney representing Caesarstone USA.

“They knew what they had to do. They didn’t do it. … Worst of all, they deceived Mr. Reyes Gonzalez. They led him to believe he would be protected when he was not,” Strotz told the jury. He argued Caesarstone USA had done its part by providing safety information and should not be blamed for the “misuse” of its products.

Cambria attorney Lindsay Weiss said the company had provided warnings, including labels on the slabs themselves, and offered free training to the “fabricators” who cut, grind and polish the material to shape it into countertops.

She held up a sample of its quartz surfacing material to the jury, telling them it was safe. “The problem is when people don’t follow the law when they handle this product,” Weiss said.

And Color Marble, a distributor, argued there was no proof that Reyes Gonzalez had cut or polished slabs sold by its company. The jury found Color Marble liable for negligence — as it did Caesarstone USA and Cambria — but did not deem it liable for other claims for product liability as it had for those firms.

The lawsuit initially targeted a long list of companies, but all but three — Caesarstone USA, Cambria and Color Marble — were dismissed or settled before the jury reached a verdict. Attorney James Nevin, who represents Reyes Gonzalez, said most had “resolved the case pursuant to confidential agreements.”

Strotz, representing Caesarstone USA, declined to comment on the verdict.

Weiss said her client, Cambria, disagreed with the decision. “We think this is not a product issue. It’s a workplace safety issue,” she said. “This is handled safely every single day.”

Raphael Metzger, one of the attorneys representing Reyes Gonzalez, called the decision “a win for public health and occupational safety.”

He grew emotional as he praised the jurors for their work. “Only in America,” he said, “can Hispanic immigrants come here and receive justice — as they have.”

The trial, which stretched more than a month, spotlighted the dangers facing workers like Reyes Gonzalez, who testified that he came to the U.S. from the Mexican state of Veracruz as a teenager to escape poverty. For years, he worked from morning to evening cutting slabs for countertops.

Dust was rampant in the Orange County workshops where he labored, Reyes Gonzalez testified, at times so much that it looked like fog. His mask would grow filthy. Even when he used water while cutting, he said, “a lot of dust would come off” when the liquid had dried.

His wife, Wendy Torres Hernandez, said that when Reyes Gonzalez got his diagnosis, he called her crying. “He was told that there was no cure for it. There was nothing that he could do,” she said.

“I told him we would figure something out to help him, because I couldn’t just let him die,” she testified. Despondent, he told her “that he was going to start planning for his funeral.”

Reyes Gonzalez ultimately became so sick that both his lungs needed to be replaced in a transplant. The surgery may afford him only six more years to live before he needs another set of transplanted lungs — and a doctor testified that if that did happen, he would be unlikely to get a third transplant because of his age.

He will have to take a host of medications and carefully monitor his health until he dies. Because of the medicines he takes, Reyes Gonzalez said he cannot have children, which pains him because his wife adores them. Doctors might find a way for them in the future, he said, but cannot guarantee it.

Lawyers for Caesarstone and other companies focused much of their questioning on members of the Silverio family, who paid Reyes Gonzalez for his work in a string of Orange County workshops. When a co-worker named Guillermo Mora de los Santos took the stand, a defense attorney questioned him about whether the Silverio shops had ever provided trainings on workplace safety or had any “silica control program.”

Mora de los Santos said no. “We didn’t know about that — about that disease,” he said about silicosis.

Weiss, representing Cambria, stressed to the jury that Reyes Gonzalez had described sweeping up dry dust and using compressed air to clean — practices that send dust into the air — and that he wasn’t provided with an adequate mask. Nor was water used properly, she said.

In court, one of the Silverios denied having seen safety information from Caesarstone that included a video on silicosis risks, despite having signed a form saying he had received such materials.

Purcell, in his closing remarks, argued that whatever the Silverios had done or not done could not absolve the defendants. “This chain of safety starts with them.”

In its verdict, the jury had the opportunity to assign a percentage of the total responsibility to “others” besides Reyes Gonzalez and the engineered stone companies. Jurors assigned 70% to “others” and 2.5% to Reyes Gonzalez himself.

The Silica Safety Coalition, an industry group that maintains that engineered stone can and should be cut safely, said the 70% fault attributed to “others” was an acknowledgment of the unsafe practices at his workplace.

“We think the California jury was wrong to blame the slab suppliers for any of Mr. Reyes-Gonzalez’s injuries from his unsafe workplace condition, and we anticipate the verdict will be appealed by one or more parties,” the coalition said in a statement.

Juror Laura Miller, who said she disagreed with most of her fellow jurors in finding the companies liable, said after the verdict that she felt the blame lay with the Silverios. To reach their decisions in the civil case, at least nine of 12 jurors had to agree on the verdicts.

“The employer was using no precautions,” Miller said.

Nevin, one of Reyes Gonzalez’s lawyers, said in a statement that the jury had “rightly rejected” efforts to blame “unsophisticated hirers” who had not been warned of the dangers themselves.

His firm, Brayton Purcell LLP, now represents more than 150 countertop cutters with silicosis who labored at more than 350 shops, it said in a statement. “The problem is the products, not the shops.”

Much of the court case revolved around the kinds of measures needed to protect workers from silica dust from engineered stone, as a string of experts testified about the risks of cutting such slabs. Among them was Dr. Kenneth Rosenman, who testified that Reyes Gonzalez got silicosis despite having used some tools that dispense water because they were “not sufficiently protective.”

“They do not lower the dust level low enough to prevent this severe disease,” said Rosenman, chief of the division of occupational and environmental medicine at Michigan State University.

Another witness for the plaintiff, industrial hygienist Stephen Petty, said that N95 masks would be “bottom of the barrel” protection for engineered stone dust. Even the most protective respirators, which use a tank of clean air, are not a “permanent solution” because workers tend to adjust them, breaking the seal, he said.

Defense attorneys turned to other witnesses, including industrial hygienist Brian Daly, who said that engineered stone can be cut and polished safely. Reyes Gonzalez “would not have developed silicosis had his employer had a program that was protective” and followed workplace safety regulations, Daly testified.

Judge William F. Fahey had excluded testimony that attorneys representing Reyes Gonzalez had sought from Georgia Tech scientist Jenny Houlroyd, saying her study was based on data that were not provided to the court, among other issues. Her analysis had concluded that it wasn’t economically feasible to employ the measures needed to safely cut engineered stone, especially for small workshops.

Artificial stone is “a uniquely toxic product,” and neither “wet methods” nor wearing a mask would make it safe to cut and grind, Houlroyd wrote in a prepared list of her opinions.

Science

How to protect yourself from the smoke caused by L.A. wildfires

Published

6 hours ago

January 9, 2025

Press Room

How to protect yourself from the smoke caused by L.A. wildfires

You don’t have to live close to a wildfire to be affected by its smoke. With severe winds fanning the fires in and around Pacific Palisades, the Pasadena foothills and Simi Valley, huge swaths of the Southland are contending with dangerous air quality.

Wildfire smoke can irritate your eyes, nose, throat and lungs. The soot may contain all kinds of dangerous pollutants, including some that may cause cancer. The tiniest particles in smoke can travel deep into your lungs or even enter your bloodstream.

Conditions like these aren’t good for anyone, but they’re particularly bad for people in vulnerable groups, including children, those with asthma or other respiratory conditions, people with heart disease and those who are pregnant.

Here’s what you should know to keep yourself safe.

Stay indoors

Minimize your exposure to unhealthy air by staying inside and keeping your doors and windows shut.

If you have a central heating and air conditioning system, you can keep your indoor air clean by turning it on and keeping it running. Make sure the fresh-air intake is closed so that you’re not drawing in outdoor air.

Keep your pets inside

They shouldn’t breathe the unhealthy air either.

Check your air filters

Clean filters work better than dirty ones, and high-efficiency filters work better than regular ones. The California Air Resources Board and the South Coast Air Quality Management District recommend filters with a MERV rating of 13 or higher.

You might consider using portable high-efficiency air cleaner in a room where you spend the most time. The U.S. Environmental Protection Agency has information about them here, and CARB has a list of certified cleaning devices here.

Don’t pollute your indoor air

That means no burning candles or incense. If your power is out and you need to see in the dark, you’re much better off with a flashlight or headlamp.

If you’re cold, bundle up. This is not the time to start a cozy fire in the fireplace. Don’t use a gas stove or wood-fired appliances, since these will make your indoor air quality worse, not better, the AQMD says.

The CDC also advises against vacuuming, since it can stir up dust and release fine particles into the air.

Take care when cleaning up

You don’t want your skin to come into contact with wildfire ash. That means you should wear long sleeves, pants, gloves, socks and shoes. The AQMD even wants you to wear goggles.

If you’re sweeping up ash outdoors, get a hose and mist it with water first. That will keep it from flying up in the air as you move it around. Once the ash is wet, sweep it up gently with a broom or mop. Bag it up in a plastic bag and throw it away.

It’s a good idea to wash your vehicles and outdoor toys if they’re covered in ash. Try not to send ashy water into storm drains. Direct the dirty water into ground areas instead, the AQMD advises.

Those with lung or heart problems should avoid clean-up activities.

Discard spoiled food…

If you lost power for a significant length of time, the food in your refrigerator or freezer may be spoiled.

Food kept in a fridge should stay safe for up to four hours if you’ve kept the door closed. If you’ve been without power for longer than that, you’ll need to toss all perishable items, including meat, poultry, fish, eggs, milk and cut fruits and vegetables. Anything with “an unusual smell, color, or texture” should be thrown out as well, according to the U.S. Centers for Disease and Control Prevention.

Refrigerated medicines should be OK unless the power was out for more than a day. Check the label to make sure.

…even if it was in the freezer

Your freezer may be in better shape, especially if it’s well-stocked. Items in a full freezer may be safe for up to 48 hours if it’s been kept shut, and a half-full freezer may be OK for up to 24 hours. (The frozen items help keep each other cold, so the more the better.)

If items have remained below 40 degrees Fahrenheit (4 degrees Celsius) or you can still see ice crystals in them, they may be OK to use or refreeze, according to the federal government’s food safety website.

Ice cream and frozen yogurt should be thrown out if the power goes out for any amount of time. Meat, poultry, seafood, eggs, milk and most other dairy products need to go if they were exposed to temperatures above 40 degrees F for two hours or longer. The same goes for frozen meals, casseroles, soups, stews and cakes, pies and pastries with custard or cheese fillings.

Fruit and fruit juices that have started to thaw can be refrozen unless they’ve started to get moldy, slimy or smell like yeast. Vegetables and vegetable juices should be discarded if they’ve been above 40 degrees F for six hours or more, even if they look and smell fine.

Breakfast items like waffles and bagels can be refrozen, as can breads, rolls, muffins and other baked goods without custard fillings.

Consider alternative shelter

If you’ve done everything you can but your eyes are still watering, you can’t stop coughing, or you just don’t feel well, seek alternative shelter where the air quality is better.

Hold off on vigorous exercise

Doing anything that would cause you to breathe in more deeply is a bad idea right now.

Mask up outdoors

If you need to be outside for an extended time, be sure to wear a high-quality mask. A surgical mask or cloth mask won’t cut it — health authorities agree that you should reach for an N95 or P-100 respirator with a tight seal.

Are young children at greater risk of wildfire smoke?

Very young children are especially vulnerable to the effects of wildfire smoke because their lungs are still rapidly developing. And because they breathe much faster than adults, they are taking in more toxic particulate matter relative to their tiny bodies, which can trigger inflammation, coughing and wheezing.

Any kind of air pollution can be dangerous to young children, but wildfire smoke is about 10 times as toxic for children compared to air pollution from burning fossil fuels, said Dr. Lisa Patel, clinical associate professor of pediatrics at Stanford Children’s Health. Young children with preexisting respiratory problems like asthma are at even greater risk.

Patel advises parents to keep their young children indoors as much as possible, create a safe room in their home with an air purifier, and try to avoid using gas stoves to avoid polluting the indoor air.

Children over the age of 2 should also wear a well-fitting KN95 mask if they will be outdoors for a long period of time. Infants and toddlers younger than that don’t need to mask up because it can be a suffocation risk, Patel said.

What are the risks for pregnant people?

Pregnant people should also take extra precautions around wildfire smoke, which can cross the placenta and affect a developing fetus. Studies have found that exposure to wildfire smoke during pregnancy can increase the risk of premature birth and low birth weight. Researchers have also linked the toxic chemicals in smoke with maternal health complications including hypertension and preeclampsia.

What about other high-risk populations?

Certain chronic diseases including asthma, chronic obstructive pulmonary disease or other respiratory conditions can also make you particularly vulnerable to wildfire smoke. People with heart disease, diabetes and chronic kidney disease should take extra care to breathe clean air, the CDC says. The tiny particles in wildfire smoke can aggravate existing health problems, and may make heart attacks or strokes more likely, CARB warns.

Get ready for the next emergency

Living in Southern California means another wildfire is coming sooner or later. To prepare for the bad air, you can:

Stock up on disposable respirators, like N95 or P-100s.
Have clean filters ready for your A/C system and change them out when things get smoky.
Know how to check the air quality where you live and work. The AQMD has an interactive map that’s updated hourly. Just type in an address and it will zoom in on the location. You can also sign up to get air quality alerts by email or on your smartphone.
Know where your fire extinguisher is and keep it handy.
If you have a heart or lung condition, keep at least five days’ worth of medication on hand.

Times staff writer Karen Garcia contributed to this report.

Science

Punk and Emo Fossils Are a Hot Topic in Paleontology

Published

13 hours ago

January 8, 2025

Press Room

Punk and Emo Fossils Are a Hot Topic in Paleontology

Mark Sutton, an Imperial College London paleontologist, is not a punk.

“I’m more of a folk and country person,” he said.

But when Dr. Sutton pieced together 3-D renderings of a tiny fossil mollusk, he was struck by the spikes that covered its wormlike body. “This is like a classic punk hairstyle, the way it’s sticking up,” he thought. He called the fossil “Punk.” Then he found a similar fossil with downward-tipped spines reminiscent of long, side-swept “emo” bangs. He nicknamed that specimen after the emotional alt-rock genre.

On Wednesday, Dr. Sutton and his colleagues published a paper in the journal Nature formally naming the creatures as the species Punk ferox and Emo vorticaudum. True to their names, these worm-mollusks are behind something of an upset (if not quite “anarchy in the U.K.”) over scientists’ understanding of the origins of one of the biggest groups of animals on Earth.

In terms of sheer number of species, mollusks are second only to arthropods (the group that contains insects, spiders and crustaceans). The better-known half of the mollusk family tree, conchiferans, contains animals like snails, clams and octopuses. “The other half is this weird and wacky group of spiny things,” Dr. Sutton said. Some animals in this branch, the aculiferans, resemble armored marine slugs, while others are “obscure, weird molluscan worms,” he said.

Punk and Emo, the forerunners of today’s worm-mollusks, lived on the dark seafloor amid gardens of sponges, nearly 200 million years before the first dinosaurs emerged on land. Today, their ancient seafloor is a fossil site at the border between England and Wales.

The site is littered with rounded rocky nodules that “look a bit like potatoes,” Dr. Sutton said. “And then you crack them open, and some of them have got these fossils inside. But the thing is, they don’t really look like much at first.”

While the nodules can preserve an entire animal’s body in 3-D, the cross-section that becomes visible when a nodule is cracked open can be difficult to interpret “because you’re not seeing the full anatomy,” Dr. Sutton said.

Paleontologists can use CT scans to see parts of fossils still hidden in rock, essentially taking thousands of X-rays of the fossil and then stitching those X-ray slices together into one digital 3-D image. But in these nodules, the fossilized creatures and the rock surrounding them are too similar in density to be easily differentiated by X-rays. Instead, Dr. Sutton essentially recreated this process of slicing and imaging by hand.

“We grind away a slice at a time, take a photo, repeat at 20-micron intervals or so, and basically destroy but digitize the fossil as we go,” Dr. Sutton said. At the end of the process, the original fossil nodule is “a sad-looking pile of dust,” but the thousands of images, when painstakingly digitally combined, provide a remarkable picture of the fossil animal.

Punk and Emo’s Hot Topic-worthy spikes set them apart from other fossils from the aculiferan branch of the mollusk family. “We don’t know much about aculiferans, and it’s unusual to find out we’ve suddenly got two,” Dr. Sutton said.

Stewart Edie, the curator of fossil bivalves at the Smithsonian National Museum of Natural History, said that Punk and Emo’s bizarre appearances shook up a long-held understanding of how mollusks evolved. Traditionally, scientists thought that the group of mollusks containing snails, clams and cephalopods “saw all of the evolutionary action,” said Dr. Edie, who was not involved with the new discovery. “And the other major group, the aculiferans, were considerably less adventurous.” But Punk and Emo “buck that trend,” he said.

The new alt-rock aculiferans reveal the hidden diversity of their group in the distant past and raise questions about why their descendants make up such a small part of the mollusk class today. “This is really giving us an almost unprecedented window into the sorts of things that were actually around when mollusks were getting going,” Dr. Sutton said. “It’s just this little weird, unexpected, really clear view of what was going on in the early history of one of the most important groups of animals.”

Science

FDA sets limits for lead in many baby foods as California disclosure law takes effect

Published

22 hours ago

January 8, 2025

Press Room

FDA sets limits for lead in many baby foods as California disclosure law takes effect

The U.S. Food and Drug Administration this week set maximum levels for lead in baby foods such as jarred fruits and vegetables, yogurts and dry cereal, part of an effort to cut young kids’ exposure to the toxic metal that causes developmental and neurological problems.

The agency issued final guidance that it estimated could reduce lead exposure from processed baby foods by about 20% to 30%. The limits are voluntary, not mandatory, for food manufacturers, but they allow the FDA to take enforcement action if foods exceed the levels.

It’s part of the FDA’s ongoing effort to “reduce dietary exposure to contaminants, including lead, in foods to as low as possible over time, while maintaining access to nutritious foods,” the agency said in a statement.

Consumer advocates, who have long sought limits on lead in children’s foods, welcomed the guidance first proposed two years ago, but said it didn’t go far enough.

“FDA’s actions today are a step forward and will help protect children,” said Thomas Galligan, a scientist with the Center for Science in the Public Interest. “However, the agency took too long to act and ignored important public input that could have strengthened these standards.”

The new limits on lead for children younger than 2 don’t cover grain-based snacks such as puffs and teething biscuits, which some research has shown contain higher levels of lead. And they don’t limit other metals such as cadmium that have been detected in baby foods.

The FDA’s announcement comes just one week after a new California law took effect that requires baby food makers selling products in California to provide a QR code on their packaging to take consumers to monthly test results for the presence in their product of four heavy metals: lead, mercury, arsenic and cadmium.

The change, required under a law passed by the California Legislature in 2023, will affect consumers nationwide. Because companies are unlikely to create separate packaging for the California market, QR codes are likely to appear on products sold across the country, and consumers everywhere will be able to view the heavy metal concentrations.

Although companies are required to start printing new packaging and publishing test results of products manufactured beginning in January, it may take time for the products to hit grocery shelves.

The law was inspired by a 2021 congressional investigation that found dangerously high levels of heavy metals in packaged foods marketed for babies and toddlers. Baby foods and their ingredients had up to 91 times the arsenic level, up to 177 times the lead level, up to 69 times the cadmium level, and up to five times the mercury level that the U.S. allows to be present in bottled or drinking water, the investigation found.

There’s no safe level of lead exposure for children, according to the U.S. Centers for Disease Control and Prevention. The metal causes “well-documented health effects,” including brain and nervous system damage and slowed growth and development. However, lead occurs naturally in some foods and comes from pollutants in air, water and soil, which can make it impossible to eliminate entirely.

The FDA guidance sets a lead limit of 10 parts per billion for fruits, most vegetables, grain and meat mixtures, yogurts, custards and puddings and single-ingredient meats. It sets a limit of 20 parts per billion for single-ingredient root vegetables and for dry infant cereals. The guidance covers packaged processed foods sold in jars, pouches, tubs or boxes.

Jaclyn Bowen, executive director of the Clean Label Project, an organization that certifies baby foods as having low levels of toxic substances, said consumers can use the new FDA guidance in tandem with the new California law: The FDA, she said, has provided parents a “hard and fast number” to consider a benchmark when looking at the new monthly test results.

But Brian Ronholm, director of food policy for Consumer Reports, called the FDA limits “virtually meaningless because they’re based more on industry feasibility and not on what would best protect public health.” A product with a lead level of 10 parts per billion is “still too high for baby food. What we’ve heard from a lot of these manufacturers is they are testing well below that number.”

The new FDA guidance comes more than a year after lead-tainted pouches of apple cinnamon puree sickened more than 560 children in the U.S. between October 2023 and April 2024, according to the CDC.

The levels of lead detected in those products were more than 2,000 times higher than the FDA’s maximum. Officials stressed that the agency doesn’t need guidance to take action on foods that violate the law.

Aleccia writes for the Associated Press. Gold reports for The Times’ early childhood education initiative, focusing on the learning and development of California children from birth to age 5. For more information about the initiative and its philanthropic funders, go to latimes.com/earlyed.