Breast Implant misfortune: an enduring legal battle

March 20, 2005 – Despite the enormous amount absorbed and the danger of injury and illness from silicone breast implants, a rising number of women still want to undergo the operation. Numerous suits regarding this has been filed, however, it was dismissed for lack of merit. The dilemma lies on the disprove causation resulting the illness.

For more than two decades now, breast implant cases reveal changes that have been under way in product liability law. Customarily, the burden of proof lies on the plaintiff who is required to prove that the defendant’s product caused the injury or illness.

On March 5, 1995, women who alleged that they were debilitated by silicone gel breast implant filed a case against the manufacturers. The plaintiffs in the class action, about 400,000 were awarded $4.25 billion.

Since the early part of 1980’s, plaintiffs are allowed to base their arguments on scientifically unsound theories making it easier for them to prevail in product liability cases. This was turned around by the jurisprudence in Daubert v. Merrell Dow Pharmaceuticals imposing a stricter standard. The fiasco of breast implant demonstrates the perils of allowing bad science in court litigations. It holds that courts should be more vigilant in holding plaintiffs to the new standard set by the Supreme Court.

Injuries suffered were allegedly caused by silicone gel breast implants which started in the late 1970’s. But notwithstanding the efforts of trial lawyers, tort suits continue as a minor nuisance for implant manufacturers. In December 1991, lawyers representing a woman who alleges breast implant linked illness won $7.5million jury award including $6.5 million in punitive damages.

The legal battle continues up to this present time. The only difference now is that the court requires a reasonable proximate cause over the injury or illness. It must not be a product of the rich imagination rather a fact proven by substantial evidence.


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