A spokesperson for an Easton, Pennsylvania based company named in a recent lawsuit by Dow Corning Corporation stated that the company is completely unaware of any Dow Corning material and categorically states that they have no knowledge of such a claim. RSI has not yet had a chance to review or confirm this claim. Corning itself categorically states that any claims made against them are without merit and without liability. In fact, it is worth nothing that the lawsuit was brought in the name of an Easton customer who claimed that Dow Corning materials caused her severe stomach pains after using the cleanser.
The two companies involved in this case are scheduled to appear before a bankruptcy court on Tuesday, November 7th. If both sides can agree on terms of a settlement prior to a final verdict, then the case will move forward. However, if there is a deadlock, the case could go to trial. The amount of compensation sought by plaintiffs in these lawsuits who use Dow Corning products (plastic surgeons, dentists, and other consumers) in conjunction with their surgeries is substantial. These plaintiffs’ families have been seeking a jury award in excess of a billion dollars in damages and have requested that a judge issue a verdict to that end.
One of the plaintiffs in the Dow Corning lawsuit, identified as coco Moore, is seeking compensation for chronic health problems she has endured as a result of using Dow Corning’s breast implants. The plaintiff states that since the early 1990s, she has experienced a wide array of health problems, including severe digestive issues, nausea, dizziness, allergies, sinus infections, and various other physical ailments. While she has lost count of the exact number of times she has required extensive medical care at hospitals, she has endured enough to meet the requirements for a lawsuit to her satisfaction. Her attorney stated that his client suffered from chronic health problems because of the adverse reactions to one of the many products manufactured by Dow Corning. This includes saline, which is used in the manufacture of the implants.
The other plaintiff in the lawsuit, coco Moore’s son, has similar health concerns with his mother. He has lost count of the number of visits to hospitals his mother required in order to recover from her injuries and has lost count of the number of months since her accident that he has missed due to her injuries. He was also required to undergo numerous painful surgeries as a consequence of the burns she sustained in the accident. As a result, both plaintiffs are seeking monetary damages for the injuries sustained as a result of Dow Corning’s and its affiliates’ failure to adhere to proper safety procedures and failing to warn them of the potential hazards of their product.
A growing number of plaintiffs in recent lawsuits filed against Dow Corning include women who are suffering from a host of ailments because of their silicone implants. These women have sustained such ailments as endometriosis, infertility, ovarian cancer, and autoimmune disorders, to name a few. Even though these plaintiffs have suffered great losses, they have yet to pursue any monetary damages as a result of the company’s negligence in manufacturing their implants. There is another group of plaintiffs whose main claim in the lawsuit is not being able to enjoy the same level of medical freedom as those who have enjoyed prior to the birth of their children because of their inability to use their implants. As a result, many women are filing suits against Dow Corning claiming they are the rightful owners of the “faulty” implants which have resulted in the inability to breastfeed or date due to the scarring their implants have produced on their bodies.
It is important to note that in every lawsuit, there are always defendants and plaintiffs. As such, we have an important distinction to make between a plaintiff’s claim in a Dow Corning lawsuit vs. a defendant’s claim in a similar case brought by another litigant. The Court will decide in either case, based on what the laws of the state in which the case has been filed, and the reasoning of the Court’s past decisions. When we speak of a defendant, however, we are referring to the corporation, or entity suing in a legal proceeding. In most cases, the only entity a plaintiff has to sue to obtain relief from injuries caused at the hands of a corporation is the defendant.