Statement of Congressman John D. Dingell, Ranking Member
Committee on Energy and Commerce

SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
HEARING ON “THE SILICOSIS STORY: MASS TORT
SCREENING AND THE PUBLIC HEALTH”

March 8, 2006

This investigation into the public health implications of the U.S. District Court findings in the silicosis litigation raises issues of both process and substance. With regard to process, Mr. Chairman, thus far you and your staff have conducted this investigation in a manner that has been quite fair. You have apprised us of each step taken, and we have supported the use of your authority to subpoena both documents and testimony. I see no reason why your fairness, and our procedural support, will not continue.

But the subject of this investigation requires going forward with great care. We will learn today that in this particular case, abuses have occurred that could have been avoided if the physicians, the screening companies, and the lawyers involved had insisted upon good medical practice in the identification of the health effects of occupational exposure to silica. Such exposures can and do result in the irreversible and fatal but preventable disease of silicosis.

These apparent abuses are unsettling and worrisome. The question before us is whether they are being addressed. In this case, the District Court in Texas has formulated remedies to any false claims that may have been filed. Further, I understand that a Federal grand jury has been impaneled to review possible criminal behavior surrounding false statements that may have been made in connection with this case. I am not aware of allegations that the judicial and executive branches are falling down on the job.

This Committee’s concern is with the public health. I note that only the courts and the State medical societies and bar associations can insure that workers with silicosis and other diseases found during mass screenings receive a timely diagnosis from a physician bound by the ethics of a traditional doctor/patient relationship. Any action by Congress that has the effect of directly or indirectly limiting the access of workers to diagnostic medical exams or redress in the courts for damage done by workplace exposure to silica or any other toxic substances can only have an extremely negative effect on the public health. I ask that this concern for the public health remain the Committee’s focus as the inquiry goes forward.

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(Contact: Jodi Seth, 202-225-3641)