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Litigation |
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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:
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Early eighties
Maria 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.
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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.
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January 1992
FDA commissioner, David 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.
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1994
A federal judge approved a $4.25 billion “global” 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.
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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.
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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/
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