Cosentino (Silestone) silicosis lawsuit
In Spain, a Cosentino lawsuit over Silestone countertops ended with a settlement after almost 15 years in court. Five stonemasons who had cut and polished Silestone counters received 1.1 million euros in a settlement. Separate cases have also been filed in the United States, including a 2021 worker's case and a 2023 class action.
- Company sued
- paid to 5 stonemasons in Spain
- €1.1 million
- suspended sentence for Cosentino's owner
- 6 months
- Martinez v. Cosentino filed in the US
- 2021
- US class action filed for fabricators
- 2023
The Silestone lawsuit in Spain
The stonemasons' claim was that nobody ever warned them that cutting and polishing Silestone could give them silicosis. Silicosis harms the lungs. You get it from inhaling tiny silica dust, which irritates the lungs and leaves scarring behind.
A Galicia court closed the case through a plea bargain. A plea bargain is an agreement in which the accused pleads guilty to certain charges in exchange for a set sentence. Cosentino's owner, Francisco Martinez, accepted a six-month suspended prison sentence on five counts of serious injury caused by gross negligence. With a suspended sentence, the person stays out of prison as long as they follow the court's conditions.
Martinez agreed to pay the 5 stonemasons 1.1 million euros. One of the five has since passed away. The judge concluded Martinez had known Silestone could harm workers' health. The judge also concluded the product's 95% silica content was not labelled as it should have been.
A second trial had been scheduled for Martinez in Bilbao in July. There, prosecutors wanted 2.5 years behind bars for 6 reckless-injury charges.
What did Cosentino admit, and what did it deny?
Cosentino acknowledged that it didn't give enough information about how hazardous cutting and polishing Silestone can be. The company insists the admission covered just 5 workers at 1 fabrication shop. A fabrication shop is a workshop where stone slabs are cut and polished into countertops.
Cosentino flatly rejects the idea that Silestone is behind most of the silicosis diagnoses seen in 1,856 workers. The company also insists it never hid what it knew about how risky its surfaces are.
In Cosentino's telling, the court found the shop had known for years that silica materials were dangerous and still failed to put adequate safety measures in place. Cosentino says the court put the blame on that shop, not on Cosentino, for not protecting its workers. The company adds that the outcome can't be applied to other cases, whether in the past or the future.
US lawsuits over Cosentino and silicosis
In 2021, an ex-employee filed a case known as Martinez v. Cosentino. That worker argued that unsafe conditions and poor safety rules gave him silicosis that came on fast.
In 2023, a class action was filed for several workers who developed silicosis after handling engineered stone distributed by Cosentino. A class action is a single lawsuit filed for a group of people harmed in similar ways. Settlement discussions across several of these cases could reach several million dollars.
How much silica is in Cosentino surfaces?
| Surface | Amount of silica or quartz | Where it's from |
|---|---|---|
| Silestone, in the Spanish judge's words | 95% silica | Reuters |
| Silestone, per a US legal summary | Roughly 90% natural quartz | Legal summary |
| Silestone -50 and all Silestone production covered by Cosentino's statement | Under 50% silica | Cosentino |
The newer Silestone, Cosentino says, is produced with its patented Hybriq Technology, which blends minerals, quartz, and recycled materials. Dekton, another Cosentino surface, is made from a mix of glass, porcelain, and quartz.
Who might have a claim against Cosentino?
Anyone who cuts, grinds, or installs Cosentino surfaces could breathe in silica dust. Settlement money is meant to pay for medical care, wages lost, and other harm tied to a silicosis diagnosis.
Cosentino's view is that workers face no danger when shops follow safety measures the right way. It says shop managers are responsible for setting up those measures and making sure they're followed. Its list includes cutting with water, local exhaust ventilation, measuring and filtering the air, and personal protective gear.
Records you should keep
Records can show where you worked and what you were around. A US legal summary recommends keeping these records:
- Your work history, including every shop and job site you worked at.
- Anything you have about how much dust you were exposed to.
- Medical records showing a silicosis diagnosis.
Every state has its own workers' compensation system. The state workers' compensation officials list will point you to your state's agency.
Questions people often ask about Cosentino and silicosis
Are Cosentino and Silestone one and the same company?
No. Cosentino is the company, and Silestone is a product it makes. The company started in Spain in 1979 and now has more than 5,000 employees.
Is there crystalline silica in Silestone?
Yes. People develop silicosis after inhaling large amounts of crystalline silica dust, typically over many years. Cosentino says that usually takes 10 years or longer of exposure.
How much money do people receive for silicosis?
There is no set figure. In the Spanish case, Martinez agreed to pay a total of 1.1 million euros to five stonemasons. In the US, a legal summary expects settlement talks across several cases to reach several million dollars, but no final amounts are listed.
Can lungs recover from silica dust?
There is no cure for silicosis, and the scarring doesn't go away. A cough and trouble breathing continue to worsen even once the exposure ends. Silicosis also makes lung cancer and tuberculosis more likely.
