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Dow Corning Settlement Information

Dow Corning is a defendant in a series of individual and class-action lawsuits alleging that thousands of women suffered a wide range of diseases due to its silicone breast implants. There is about $2.35 billion set aside for more than 300,000 claimants. Dow Corning filed for bankruptcy protection as a result of the settlement.

  1. Background

    • Dow Corning was the maker of the cosmetic surgical product silicone breast implants. Starting in 1977, women began to complain that the implants caused severe health problems; the most common complaint was that the product caused breast cancer. The first lawsuits arose in 1984 and, shortly afterwards, patients alleged the implants also caused rheumatoid arthritis, lupus and other autoimmune diseases.

    Claimants

    • The number of plaintiffs in the class-action lawsuits had climbed to more than 300,000 by 1997. By 1998, a settlement was reached, with Dow Corning filing for bankruptcy. The company did not emerge from Chapter 11 protection until 2004 when U.S. District Court Judge Denise Page Hood set the settlement date and claims began to be processed.

    Settlements

    • The $2.35 billion settlement established in a court-supervised fund allowed survivors to receive from $2,000 to $250,000, depending on the severity of the injuries. Checks were issued beginning in June 2004. The global reach of the injuries and subsequent settlements included patients from the U.S., Great Britain, Mexico, Spain, Germany, France, the Netherlands and Portugal.

    Settlement Controversy

    • In a statement, Dow Corning considered the settlement ''a good faith effort" to bring the issue to an end. However, many patients were not satisfied due to the amount of the settlement, and others who decided not to accept the settlement said they may have years to wait for their day in court.

    Still Active

    • The class-action lawsuits remain active but are scheduled to close permanently on Dec. 15, 2010. Patients who received Bristol-Myers Squibb, 3M or Baxter International breast implants before June 1, 1993, are still eligible to register before the closing date. Women who had the McGhan Medical implants between Aug. 3, 1984, and Dec. 31, 1991, also are eligible to register. Claimants can obtain more information by logging on to the Dow Corning Settlement website (see the first link in the References section).

    Claim Procedures

    • Claimants must submit sufficient medical documentation within deadlines to be eligible for a settlement. Deficiency notices regarding documentation and other requirements may be sent by the Claims Office, which will not review responses to the notice more than two times. The Claims Office, through its Claims Assistance branch, can help claimants sift through documentation requirements.

    Implants Safe

    • In 1999, a Congressional-appointed Institute of Medicine committee of 13 scientists issued a 400-prage report that found that silicone breast implants did not result in patients contracting major diseases. Injuries were characterized as "localized problems" in which implants ruptured, leading to infections and scarring. However, no direct correlation between implants and breast cancer were found. Other scientists made similar findings. The findings have no impact on the settlements, though, since agreements with Dow Corning have already been reached.

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