Ruling means women waiting for decade may finally see claims paid
Washington — A federal appeals court ruled Thursday that the $2 billion Dow Corning fund to pay claims stemming from faulty breast implants may also cover another medical device known as “tissue expanders.”
The three judge panel said in a ruling written by Judge Jeffrey S. Sutton that the fund can accept claims from patients who received “tissue expanders,” saying the federal judge in Detroit overseeing the case had made a “reasonable assessment” of the evidence.
The committee advising people with claims praised the ruling. “This means that a woman who had a Dow Corning tissue expander can proceed with her claim. ... This is a significant victory since Dow Corning had urged the courts to find that these claimants should receive no benefits at all. This should conclude all appeals over this issue and allow claimants whose claims have been on hold for the past 10 years to finally receive payment.”
It’s the latest chapter in a nearly 20-year saga over faulty breast implants. At issue was whether the “technical” or “ordinary” definition of breast implants should apply. Read more
