9 July 1998
Vice President Janet Clayton
Editor, Editorial Pages
LA A Times
ocletters@latimes.comDear Editor Clayton,
The Los Angeles Times article "Dow Corning OKs $3.2 Billion Payout on Breast Implants" (July 9, 1998) attributed to legal experts the question of why Dow Corning made the settlement when "the science was tilted strongly in its favor".
Question no more. Read "Science on Trial: the clash of medical evidence and the law in the breast implant case" 1997 by Marcia Angell M.D., Executive Editor of the New England Journal of Medicine.
Well written, even-handed, this book outlines the reason "more than 20 scientific studies have found no evidence to link silicone breast implants with such diseases as lupus, schlerodoma, and other diseases that are blamed on implants".
Then why the question? The law allows as "expert testimony", an opinion not backed by special study or general scientific acceptance, when delivered by a person who would have no appropriate scientific credential other than a general degree and practice. That is to say: to scientists, the "expert witness" would have no credibility in this special case.
Real science is neutralized by 'junk science' in a Court of Law.
"Science on Trial" makes two important points: (1) a class action is basically a transfer of wealth from those who earned it to those who utilize the law. The many 'victims' individually get little money, the few lawyers get much money.
(2) Class actions have a chilling effect on suppliers of raw materials. For example: Makers of silicone, Dacron, and teflon raw materials are refusing to sell a few cents worth of material to makers of dental implants, vascular grafts, shunts and other medical devices for fear of being swept into a next round of class actions.
In BOTH cases, society at large is the loser both economically and medically. We the People are being fooled.
Read this thought-provoking book! "Science on Trial" is well written , even handed, and requires no science or legal training to be understood.
Sincerely Eugene N Cramer, Registered Professional Engineer, MBA
2176 Via Teca
San Clemente CA 92673
(949) 498-5773 phone/fax
marc832@primenet.com
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