Beryllium Sensitization May Be A Cognizable “Injury”

Law360, New York (September 20, 2007, 12:00 AM EDT) -- “See Parker v. Brush Wellman, 2007 WL 1149982 (11th Cir. April 18, 2007), vacating in part 420 F. Supp. 2d 1355 (N.D. Ga. 2006)

A federal trial judge in Georgia ruled in March of last year that beryllium sensitivity is not a compensable injury under Georgia law. See In Re Products Liability at 13 (July 2006).

On April 18, 2007, the Eleventh Circuit Court of Appeals vacated that determination, finding that a genuine dispute of material fact existed on whether beryllium sensitization constitutes "a current disease...
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