Fw: Payout for faulty silicone implants

[Guest guest]

----- Original Message ----- From: Kathi

cali1@...

Sent: Wednesday, September 11, 2002 3:32 PM

Subject: Payout for faulty silicone implants

From: ruby rahn <rubyrm@...> PM - Tuesday, September 10, 2002 18:05 Listen to this story [Requires Microsoft Media Player] http://www.abc.net.au/pm/2002/09/10/20020910pm01.asx he ABC is currently reviewing the provision of full online transcripts for the PM program. We apologise for any inconvenience. In order to assist the users of our site, the ABC is providing audio-on-demand files and a summary of each current affairs report. Previous transcripts are still available through the online archives. HAMISH ROBERTSON: Ten years of legal heartache have now ended for more than 3,000 Australian women, who united to fight one of the country's biggest ever class actions. The women share a common burden; they were all affected by faulty silicone breast implants, made by Dow Corning. The US company has been forced to hand over $32 million in compensation to the women. But the problems at Dow Corning are set to get a lot worse. As Kate Tozer reports, thousands of women who've mounted separate legal battles are determined to continue fighting for billions of dollars in damages. KATE TOZER: It was in 1986 that Kerrie Brodbeck's ordeal began. She was a 31-year-old professional dancer in New South Wales, when she decided to have silicone breast implants. It wasn't long after the operation before things went wrong. KERRIE BRODBECK: It had ruptured before the news broke about how dangerous they could be, so I wasn't scared at all then but when I started hearing things about it, which was about a year and a half, two years after, I think it was, that's when I got really worried about it because they were talking about everything from skin rashes, to lupus, to cancer, so I was just really terrified. KATE TOZER: Kerrie had one implant replaced when the silicone leaked into her body, and eventually she had them both removed. More than 10 years later, she has received $14,500 compensation. Kerrie is one of 3,100 Australian women sharing $32 million compensation from Dow Corning, the company which manufactured the implants. Individual payouts vary from $300, to $120,000. A relieved Gordon, who headed the legal team, spoke outside the n Supreme Court, where the case was finally closed. PETER GORDON: They have been through, in the last 10 years, not only the vagaries of the Australian and the US legal system, but a massive public relations campaign, where we've seen major networks do effectively jobs on them, suggesting the whole suggestion that silicone implants cause disease is a beat up and complete nonsense, and many of them have gone through many years of believing they'd never receive compensation at all. KATE TOZER: Mr Gordon has received many messages of support from his clients, but one in particular, carried this moving note. EXCERPT [voice over]: My heartfelt thanks to you again. The finalisation of this matter will mean that I'm now in a position to visit my native England next year. As I now have cancer in my liver and bones, this ambition to go forward and visit England is particularly dear to my heart. PETER GORDON: Justice Barry Beach was appointed to oversee the Australian distribution of compensationin the class action. BARRY BEACH: I know of no other class action of this magnitude, which has ever been successfully concluded in Australia, certainly no other class action which has been dealt with so speedily and efficiently. KATE TOZER: But the Dow Corning file remains open and active, and the 197,000 women awaiting compensation from the company around the world are not so much concerned with judicial speed and efficiency, but damages which are commensurate with their injuries. Cashman, a partner with Maurice Blackburn Cashman, is appearing for another 2,000 Australian women who decided against settling in the Slater and Gordon case. PETER CASHMAN: A significant number of women have agreed to accept a settlement offer negotiated by Slater and Gordon, and good luck to those women. They're at least in the fortunate position that they're now able to receive payment for injuries which they've suffered. KATE TOZER: And, can you guarantee that your clients will receive any more than these women have settled for? PETER CASHMAN: Unfortunately there are no guarantees in litigation. In part, this is an argument about money, but it's also in part an argument about principle. There are many people who believe that Dow Corning shouldn't be entitled to immunity from suit. KATE TOZER: As one would expect, Dow Corning hasn't made the process easy for claimants. Last year, the company filed for bankruptcy in the US in an attempt to stave off further litigation, but Mr Cashman has advised his clients to fight the terms of bankruptcy. PETER CASHMAN: One of the strange things about this litigation is that the company is not insolvent; Dow Corning is still continuing to trade profitably, both in the United States and worldwide; its principle share-holders are very large and very rich Fortune 500 companies. It was never contended that it was insolvent in any way. What it has claimed, in the United States at least, unless it stops the tide of claims against it, it may in the future be driven into bankruptcy. All of that is, in a sense, desirable from a policy point of view, but we don't believe that women who have suffered serious injuries should be short-changed so as to provide a rationale for the company's continued corporate existence. KATE TOZER: It's alleged leaking breast implants have caused mild sickness, rashes, auto immune diseases, and in some cases, forms of cancer, but Dow Corning refuses to accept the injuries are related to the silicon gel implants. Transcripts on this website are created by an independent transcription service. The ABC does not warrant the accuracy of the transcripts. ABC Online users are advised to listen to the audio provided on this page to verify the accuracy of the transcripts.