RENO, Nev. (AP) - Dow Chemical Co., attorneys and executives, backed by new
studies, say the company will vigorously fight any lawsuits linking it to
silicone breast implants, regardless of a jury's decision in a case here.
Thousands of cases are pending across the country against breast implant
makers, alleging they are responsible for numerous health problems in women.
The case being tried before Washoe District Judge Connie Steinheimer is the
first in which Dow Chemical is the sole defendant. Dow Chemical has never
made breast implants nor tested silicone for use in them, but holds a 50
percent share in Dow Corning Inc., one of the first companies to manufacture
implants. Because of its relationship with Dow Corning and its research on
silicone, lawyers for Charlotte Mahlum and her husband, Marvin, argue that
Dow Chemical is liable for Mrs. Mahlum's health problems, which they claim
were caused by a leaking implant. Dow Corning orginally was a co-defendant
in Mahlum's suit. But, as in thousands of other cases, legal action against
it was frozen on May 15 when the company filed for Chapter 11 bankrupty
protection because of the volume of breast implant lawsuits. Both companies
are headquartered in Midland, Mich., about 100 miles north of Detroit. ''It's
important to establish that Dow Chemical bears resonsibilty for their child,
Dow Corning,'' said the Mahlum's attorney, Geoffrey White. ''They do, because
of the way they fraudulently concealed evidence of the dangers of silicone.
''It was really a conspriacy between the parent and child to conceal
information,'' White said. ''As a result, a lot of women got hurt.''
Mrs. Mahlum, 46, of Elko, underwent breast implant surgery in 1985 following
a double mastectomy and began having health problems five years later. The
implants were removed after a rupture was discovered in July 1993. White said
she is 100 percent disabled, and has multiple health problems, including
multiple sclerosis-like syndrome, autoimmunity disease, chronic fatigue,
fibromyalgia, or muscle pain, and profround incontinence. A panel of eight
jurors and two alternates is hearing the case, which began Oct. 2nd. Only six
jurors must agree to reach a verdict. The Mahlums are seeking as yet
unspecified damages. Closing arguments are expected by the end of the week.
Dow Chemical asserts it cannot be held liable for products developed by
another company. It characterizes the plaintiff's conspiracy theory as ''far
reaching'' and notes that no medical research has ever linked silicone breast
implants to health problems.
Two recent studies detailed at a meeting of the American College of
Rheumatology in San Francisco appear to support Dow Chemical's argument. The
studies ''provide compelling evidence that silicone implants expose patients
to no demonstrable additional risk for connective tissue or rheumatic disease,''
the college's board of directors said in a written statement. Dow Chemical
officials charge that because of Dow Corning's bankruptcy status, Dow Chemical
is being targeted for its ''deep pockets.'' ''The $20 billion worth of assests
that Dow Chemical represents is attractive to plaintiffs' lawyers,'' John C.
Musser, Dow Chemical's director of public issues management and communications,
said Tuesday. ''We are concerned about anybody who is suffering from ill
health, no matter what the cause,'' Musser said. ''Aside from that compassion ...
allegations that Dow Chemical in any way acted improperly, or in any way
harmed Mrs. Mahlum, are simply not true. ''The evidence is clear that this
is not our product. We never tested, we never manufacturered, we never sold
silicone gel breast implants.'' Musser said Dow Chemical has tested hundreds
of silicone compounds, of which there are tens of thousands. Some of those
tests were conducted for Dow Corning. But Musser said all those tests were
paid for on a contract basis by Dow Corning, and involved testing materials
for use in workplace environments. One compound tested as a part of treatment
for burn victims was never commercialized. He said that same compound at one
point was used in breast implants, but Dow Chemical never conducted any
studies on it for that use. ''There are no documents that Dow Chemical
offered any advice on which products to use in breast implants,'' he said.
Regardless of the trial's outcome, Dow Chemical attorney Marsha Rabiteau said
the company will challenge every lawsuit filed against it and unfavorable
judgments will be appealed. ''We think that this is one case of many,''
Ms. Rabiteau said. ''We are not settling these cases ... so we'll march on to t
he next, to the next, to the next.'' There are more than 13,000 pending cases
against Dow Chemical, Musser estimated. ''We believe we're going to prevail
in this case,'' he said. ''We're going to continue to put on the same case
every place we go to trial.''
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