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Dow Chem Not Guilty?

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& I were both there for "The Verdict; a few years ago now; so the rules must have changed AFTER the verdict came in from the jury! Someone must think "we are all a bunch of turnips, that just fell off a truck!"

Louisiana Breast Implant Decision Thrown Out

December 10, 2002 NEW ORLEANS (AP) -- A state appeals court threw out a jury's finding that Dow Chemical Co. plotted to hide dangers about silicone breast implants.

In a ruling issued late Friday and made public Monday, the 4th Circuit Court of Appeal said the trial judge erred in the way she divided the once-class-action suit into various phases in 1997.

"They said it was an incorrect procedural vehicle to go through," said attorney Root of New Orleans, who handled the case on appeal for the plaintiffs. "They did not say the jury's verdict was wrong."

The case once involved 1,800 women claiming damage from Dow Corning Corp., which manufactured breast implants. Dow Corning filed for bankruptcy reorganization in 1995. Dow Chemical is half-owner of Dow Corning.

"This is a welcome vindication, especially since Dow Chemical has always contended it should never have been involved in breast-implant litigation," Dow Chemical spokesman Musser.

Root said it was unclear what would happen to the Louisiana plaintiffs, but said they likely would have to either join a Dow Corning settlement fund or continue their suits through a litigation fund.

The Louisiana plaintiffs have not decided whether to appeal the 4th Circuit's ruling to the Louisiana Supreme Court, Root said.

Dow Chemical has always said it did not develop, test or manufacture berate implants. The company earlier was dismissed from about 4,000 implant cases.

Most of the claims against Dow Corning and Dow Chemical were settled in a $3.2 billion agreement that became part of Dow Corning's bankruptcy reorganization.

Copyright 2002 The Associated Press. All rights reserved.

Martha Murdock, DirectorNational Silicone Implant Foundation | Dallas Headquarters"Supporting Survivors of Medical Implant Devices"4416 Willow LaneDallas, TX 75244-7537

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