Fw: Litigations against silicone breast implants

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From: " Kathi " <pureheart@...>

Sent: Sunday, January 05, 2003 9:56 PM

Subject: Litigations against silicone breast implants

> Litigations against silicone breast implants

>

>

> Silicone breast implants and the disputed injuries they cause have

> sparked

> the largest, and most expensive mass litigations in history. Although

> several studies have found little evidence that implants actually cause

> diseases.

>

> Many of these litigations have been directed against the Dow Corning

> Corporation, which is co-owned by Dow Chemical Company and Corning, Inc.

>

> The company, based in Midland, Michigan, was the world's largest makers

> of

> silicone implants for 30 years. It wasn't until 1992 that health

> questions

> and pressure from the government forced them off the market. Since

> then,

> thousands of women who claim that their implants made them sick have

> been

> seeking compensation. They claimed the leaking gel from the implants

> caused

> lupus, rheumatoid arthritis, body aches, headaches, skin rashes,

> fatigue,

> memory loss, swelling of hands or feet, hair loss and hardening of the

> breasts. All these crushing litigations forced Dow Corning into

> bankruptcy

> in 1995.

>

> Below is a brief history of litigations surrounding the silicone breast

> implant issue:

>

> - Early eighties

>

> Stern of California sued the Dow Corning Corporation claiming that

> her

> implants caused joint pains and chronic fatigue. She was awarded $1.7

> million. This case sparked accusations that Dow Corning was misleading

> doctors and patients about the safety of its silicone implants.

>

> - 1990

>

> " Face to Face with Connie Chung " airs, divulging the dangers of silicone

>

> breast implants. This report along with other awards caused a chain

> reaction of litigations to ensue.

>

> - January 1992

>

> FDA commissioner, Kessler, calls for a moratorium on silicone

> breast

> implant use. The FDA ban did not state whether or not the implants were

> the

> cause of autoimmune or connective tissue disease.

>

> - 1994

>

> A federal judge approved a $4.25 billion settlement offer by the large

> implant-makers (Dow Corning, Baxter, and Bristol-Meyer) to settle all

> lawsuits. Women would be eligible for between $100,000 to $1,000,000 in

> claims of diseases against the implants. This was the largest

> class-action

> settlement in history, but it collapsed because it failed to meet the

> demands of the 440,000 women who made claims against it.

>

> - Gladys Laas - 1994 jury trial against Dow Corning Corporation

>

> In February 1994, Gladys Laas was awarded $5.2 million in compensatory

> damages against Dow Corning. Her husband also received $1 million for

> loss

> of consortium. The trial found Dow Corning guilty of misrepresentation

> and

> deceptive practices that was the cause of Laas' injuries. Dow Chemical

> Company was found guilty of aiding and abetting. But this was later

> overturned and Dow Corning assumed complete liability.

>

> - October 31, 1995 - Reno, Nevada

>

> Charlotte Malhum sued Dow Corning and Dow Chemical alleging that her

> implants caused skin disorders, muscle pain, tremors and other problems.

>

> The Dow Chemical Company awarded her $10 million in punitive damages

> along

> with $3.9 million to compensate for her losses. Her husband was also

> awarded

> $200,000 in compensatory damages.

>

> The case maintained that Dow Corning was guilty of failing to disclose

> important facts about silicone implants. And that Dow Chemical was

> liable

> because they tested the materials used in the breast implants.

>

> Dow Corning was dropped from the lawsuit after it filed for bankruptcy

> protection in May.

>

> - July 8, 1998

>

> Emerging from Chapter 11 bankruptcy, Dow Corning offered to settle a

> class

> action suit brought forth by women claiming injury from their silicone

> breast implants. The $3.2 billion settlement was contingent on the

> approval

> by a two-thirds vote of the 170,000 women who filed claims against the

> company.

>

> Terms of the settlement:

>

> Claimants who want their silicone implants removed would get $5,000 for

> the

> surgery or $20,000 if their implants have ruptured.

>

> Women with the most serious medical conditions could receive as much as

> $300,000, in addition to money for implant removal.

>

> Women without a disease claim could get $2,000.

>

> Claimants still would have the option to reject the settlement and

> pursue

> litigation.

>

> A woman whose medical condition changes after she has been compensated

> also

> could qualify for an additional payment.

>

> The settlement plan includes $1.3 billion more for claims from

> suppliers,

> lenders and hospitals owed money by Dow Corning.

>

> - Spring 1999

>

> Silicone implants remain off the market in the U.S. pending manufacturer

>

> safety studies. They are available to women only for reconstructive

> surgery.

> The latest status of silicone breast implants

> can be found at the FDA website:

> http://www.fda.gov/cdrh/breastimplants/indexbip.html

>

> - June 3, 1999

>

> Nearly 96 percent of the more than 112,000 claimants voted in favor of

> the

> settlement plan offered by Dow Corning.

>

> - Today

>

> Plans to carry out the settlement and process claims are currently

> underway.

>

> Those interested in keeping updated on the settlement should check out

> the

> website created to handle Dow Corning settlement claims at:

> http://www.DCSettlement.com/

>

> **This article from website at:

>

http://biomed.brown.edu/Courses/BI108/BI108_2000_Groups/Breast_Implants/page

>

> s/litigations.htm

>

>

>