Breast implant victims get money 17 years later

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Breast implant victims get money 17 years later

February 25, 2011

Ending an epic, international legal battle, attorney Kim Yeon-ho won a class-action lawsuit on behalf of Korean customers who suffered from health problems after getting Dow Corning silicone breast implants.

Legal experts said the victory in the 17-year case was significant as it was the first time Koreans have won a class-action lawsuit against a foreign company.

Kim confirmed Wednesday that Dow Corning paid $3.9 million (4.38 billion won) total in compensation to 660 clients. Kim said the amount of compensation varied depending on severity of side effects experienced by his clients and ranged from $3,000 to $13,500.

In 1994, 2,600 Koreans and 300,000 people of other nationalities filed class-action suits against Dow Corning claiming they suffered health problems from the company’s breast implants, including autoimmune diseases such as lupus and rheumatoid arthritis.

Some of the plaintiffs claimed their implants leaked or burst.

In June 2004, a U.S. court acknowledged defects in Dow Corning’s silicone implants and ruled in favor of claimants.

The ruling forced Dow Corning to create a $2.4 billion settlement fund to compensate victims, which required them to submit documents to prove their health problems.

According to Kim, some 2,000 out of his original 2,600 Korean clients submitted documents and 660 received compensation. Kim said his other clients are expected to receive compensation in the future.

Despite the U.S. court ruling on the company’s implants, Dow Corning’s settlement standard stirred controversy after it announced it would pay claimants in Asian countries only 35 percent of the compensation that Americans received.

“I have been raising this issue about Dow Corning’s compensation policy for six years, and Korean claimants were able to get 60 percent of what U.S. claimants receive,†Kim said.

After graduating from Sungkyunkwan University School of Law in 1982 and Boston University School of Law in 1992, Kim practiced law in Korea and got interested in international legal disputes concerning Koreans.

When asked if Koreans who suffered health problems from Dow Corning’s implants but failed to join the 1994 class-action suit can still claim damages, Kim said “that’s possible.â€

“The deadline for settlement is May 31, 2021,†Kim said. “Compensation could go to others if there’s money left after the company pays compensation to the original claimants.â€

By Koo Hui-lyung, Kim Mi-ju [mijukim@...]

http://joongangdaily.joins.com/article/view.asp?aid=2932718

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