A court-appointed panel of experts has concluded that existing scientific evidence does not show a link between silicone breast implants and systemic disease. Federal Judge Sam Pointer Jr., who is overseeing breast-implant lawsuits in the Federal courts, convened the panel to advise him on medical evidence surrounding implants. His approach was unusual in that he sought expert testimony independent of either side in the litigation. That strategy may also be useful in other complex cases where juries and judges are forced to choose between battling experts who may be biased.
Lawyers from both sides will now have the opportunity to question the expert panelists in depositions and to use that testimony in implant trials. The findings should make trials somewhat easier to conduct, and may cause more plaintiffs to settle their claims against the implant manufacturers.
Well before the panel's report, thousands of cases had been settled. Last month, the Dow Corning Corporation, once the leading maker of silicone implants, and representatives of implant plaintiffs formally agreed to a plan that will pay some 170,000 claimants $3.2 billion over 15 years for suffering and the costs of implant removal. Both sides decided that it was better financially to make a deal than to fight out the science in court.
The new report, which will not affect that settlement, puts forward solid conclusions based on multiple studies. But the panel's findings do not represent the last word on implant safety. A National Cancer Institute study of 13,500 women who have had implants is looking at the long-term health impacts. Results from that study will not be available until next year. A panel convened by the Institute of Medicine, an arm of the National Academy of Sciences, is also continuing to review the medical evidence. The report from Judge Pointer's panel shows how much is known. Other scientists are still researching aspects of implants that are not yet known.
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