Fw: Women Paid to Keep Silent

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Historical ... FYI!

This also applies to a handful of Saline Cases! mm

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

----- Original Message ----- From: MARTHA

BreastImplantNews

Cc: info@... ;

Sent: Wednesday, May 14, 2003 2:25 AM

Subject: "Women Paid to Keep Silent" / Dow

{Source: Calgary Herald, 15, February 1992}

"WOMEN PAID TO KEEP SILENT"

Breast-Implant Suits Were Settled Quietly Out of Court

By Anstett (Knight-ridder Newspapers)

Detroit -- Dow Corning and other breast-implant manufacturers have paid millions of dollars in Out-of-court settlements over the last decade, "BUYING SILENCE" about implant problems through strict secrecy agreements that keep vital health information from the public, lawyers say.

"Had this stuff been made public... there would have been hundreds of women today that would have never had those implants," said Kotoske, a Palo Alto, CA, lawyer. He has settled about 100 breast implant lawsuits since 1980, nearly all covered by secrecy agreements.

Next week, some expert witnesses bound for years by these legal agreements will give testimony to a U.S. Food and Drug Administration panel. They say they no longer have to keep quiet since Dow Corning of Midland, Mich., released many top-secret documents Monday.

Kotoske has won two lawsuits that breast implant manufacturers filed, alleging he broke secrecy agreements. He was one of more than a dozen lawuers interviewed nationwide who have settled out og court with manufacturers of saline-filled and silicone-gel implants. Michigan lawyers and expert witnesses told of being involved in more than 50 such cases.

Hundreds of other lawsuits are pending, including more than a dozen filed in Detroit or consolidated in Chicago Friday. "One of the reasons this information has taken so long to get to the public is because of Dow Corning's use of protective orders, "said lawyer Feldstein, who settled a case with Dow Corning.

McKennon, Dow Corning's new chief executive officer, disputed estimates of hundreds of settlements. "it's in the best interests of plaintiffs lawyers to make the numbers appear as big as possible to get more business, "said his spokewoman, Barbara Carmicheal. The company has provided the FDA with scientific studies, she added, and since 1988 has invited review of any court records. "We don't believe the issue of public health has been compromised by protective orders."

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Experts say they plan to tell the FDA about evidence of shoddy engineering and product development; some 9,000 defects reported to Dow Corning over the past 12 years; and enough serious concerns about health risks to permanently ban them. "I was appalled whe I saw what their documentation was, "said Mike Resch, an accomplished expert witness invited to testify next week. "It was painfully obvious with just five minutes of looking at these things that there were serious problems."

FYI! '92 Report!

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

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