BOGUS SILICA LAWSUITS HAMPER DISPOSABLE RESPIRATOR MASK INDUSTRY ABILITY
TO MEET DEMAND AS GOVERNMENT RAMPS UP AVIAN FLU RESPONSE PLANS

The Coalition for Breathing Safety cautioned today that the capacity of respirator manufacturers to meet federal, state and local government demand for N95 disposable respirator masks was being severely hampered by an ongoing deluge of frivolous silicosis and asbestos lawsuits and urged Congress to quickly pass legislation that would help ensure an adequate supply of masks.

The warning comes on the heels of a report issued by an Institute of Medicine panel convened by the U.S. government that warned against reusing N-95 respirator masks in a flu pandemic because there is no simple way to decontaminate them. It is expected that there will be a staggering demand for N-95 masks during the coming months.

"U.S. respirator manufacturers are doing everything they can to meet unprecedented demand for N-95 respirators, but they cannot invest in additional capacity if every new mask that comes on line simply offers one more target for trial lawyers," said Daniel K. Shipp, President of the International Safety Equipment Association (ISEA), a member of the Coalition for Breathing Safety.

"Manufacturers of disposable respirators are facing tens of thousands of silicosis claims, even as Centers for Disease Control figures show that silicosis deaths nationwide have declined 93% from 1968 to 2002," explained Shipp.

The National Institute for Occupational Safety and Health (NIOSH) tightly regulates the respirator industry by setting strict design standards, conducting tests to ensure they are met, and approving each and every respirator model as well as the warning labels that accompany the product. However, relying on asbestos-style litigation tactics, trial lawyers have deluged the industry with lawsuits claiming defective design or failure to warn users — despite the fact that manufacturers cannot affect how or when the respirators are used.

"The plaintiff lawyers don't make their money by proving their claims — their strategy is simply to file so many lawsuits that it becomes cheaper for a company to settle rather than conduct the detailed legal work necessary to fight each claim," said Shipp.

"Even though the claims are routinely dropped, dismissed, or settled for very small amounts, the number of cases is overwhelming. Respirator manufacturers' litigation costs in 2004 equaled 90% of the net income earned from selling the products that same year." continued Shipp. "The industry desperately needs protection from baseless, mass tort claims to allow companies to focus on the business of making respirators to meet the avian flu challenge."

The Coalition supports bi-partisan legislation introduced by Senators John Cornyn (RTX) and Ben Nelson (D-NE) in the Senate (S. 1406) and Representatives Bud Shuster (R-PA) and Tim Holden (D-PA) in the House (H.R. 2357) that would preempt lawsuits claiming defective design or insufficient warning if a respirator is NIOSH approved.

Concluded Shipp: "Respirator manufacturers have no need for blanket indemnity from the government. That's not what we're looking for. The legislative solution we seek would protect manufacturers from having state judges and juries overrule federal standards that they have to meet, and allow these companies to keep making respirators to protect workers and the public."

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
respiratory safety products.

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.