Debate lingers despite breast-implant settlement

Some local doctors are questioning the country's legal system after the recent settlement of breast implant claims.

The $3.2 billion settlement requires Dow Corning Corp. to provide money to the 170,000 women who filed claims. Some claimants could receive up to $250,000. The settlement also includes women with no current problems who may wish to file in the future. Those eligible could start seeing checks as soon as late next year, according to a Dow Corning spokesperson.

While some Las Vegas doctors are shocked that there actually is a settlement, Las Vegas women who say they suffer from illnesses caused by the implants think the $3.2 billion settlement is not enough.

While the exact number of Nevada plaintiffs is difficult to obtain, one Las Vegas law firm said more than 600 women have joined the suit. A number of other local firms also are involved in the action and estimate the total number to be about 1,500.

The women allege that disorders such as lupus, scleroderma, rheumatoid arthritis and memory problems have been caused by their silicone implants.

Dow Corning's offer and subsequent approval by plaintiffs and creditors could take several months to complete. The offer is $200 million more than the company originally offered but $600 million less than women with implants sought.

"The settlement is way too low for the lives it's wrecked," said one Las Vegas woman who asked that her name be withheld pending her settlement. "I feel like a cannon was shot through the middle of my life."

But Dr. Walter Sullivan, a local plastic surgeon, doesn't think the silicone implants are causing the women's illnesses.

"Most plastic surgeons are totally amazed with the (companies) settlements because there is no scientific or medical evidence that liquid silicone is harmful," Sullivan said. "As doctors, we're naive how legal systems work and how you can win with no scientific evidence."

Sullivan added that most people with collagen vascular diseases don't even have implants.

Dr. Michael Clifford, a local rheumatologist, said about 2 percent of the world's population has rheumatoid arthritis and about 1 percent has scleroderma and lupus.

"Although it's relatively uncommon, it's by no means rare," Clifford said. "One percent of 1 million is 10,000 people. You would expect to see some cases. Most people who have these diseases don't have the implants."

A Las Vegas woman, who had her implants removed after 22 years and was diagnosed with atypical lupus, believes the studies are invalid.

"These are not classical diseases. These are new diseases caused by silicone. Silicone causes atypical lupus. It mimics lupus, but it is not exactly the same," she said. "If you look for the wrong thing, you're going to find the wrong thing."

The woman, who was once a public information specialist for the U.S. Department of Education in the Bureau of Adult and Technical Education in Washington, suffers from joint pain, rheumatoid factor and memory problems.

"I can't hold jobs like that. I can't concentrate. I can't sit at a desk all day long. My body starts to hurt."

She now rents out rooms in her home for income.

"They know darn well what's wrong with us and who did it. All of the manufacturers are lying. The doctors are scared of getting sued," she said. "I had silicone antibodies in my blood. It made our bodies go crazy because our bodies are not familiar with silicone."

Clifford, who said the complaints are subjective, thinks the whole situation is phenomenal.

"Women with implants reported symptoms, physicians looked to see if there was a cause and lawsuits were developed before there was any proof," he said. "Enough people hollered enough and people sued. The lawsuits have made any scientific studies impossible. People are coached by lawyers."

In 1995, Dow Corning filed for Chapter 11 bankruptcy because of the thousands of lawsuits filed by women alleging their implants caused illness.

Sullivan said all an individual has to do is to convince a jury that a large company owes them money without evidence.

"There are always experts on both sides saying they're correct. This is all the jury has to go by. The jury isn't in any position to judge, not having scientific knowledge, but you can't blame the jury because they are put in a difficult position."

"I just wish things were based more on scientific studies. If there were proven studies I'd believe it."

The Institute of Medicine, a component of the National Academy of Sciences in Washington, is conducting an ongoing study of silicone implants and human health conditions, with a focus on atypical connective tissue disorders.

Some 177,000 women nationwide are eligible to be part of the settlement which would mean the average claimant could see a check in the low five figures.

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