Breast-implant cases tried

Only cases actually tried to decision--not cases settled before decision

Last updated: November 24, 1999

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Listed in reverse chronological order, starting with most recent verdict/judgment

Cases may be listed by first-named plaintiff and first-named defendant rather than parties during trial

11/4/99 California Sup. Ct. (San Diego) 2754-00111 Marva Smith v. 3M.  After 11 day trial, verdict in favor of defendnt.
4/14/99 New York USDC NYS 92-9498 Bilezikjian v. Baxter.  After 7 day trial, verdict in favor of defendant.
2/11/99 Texas Dist. Ct. (Harris Co.) 96-44917 (Bonnette), 96-44979 (Fletcher), 96-44992 (Griffith).   After several week trial against 3M, verdicts in favor of defendant on these "local injury only" cases.
1/4/99 DC USDC DC (Bryant, J.)--92-26660 Meister v. MEC.  After several week trial, jury returns verdict for $10 million in compensatory damages against MEC and Bristol-Myers. To view Washington Post article, jump to article. SCP NOTE: one might get the mistaken impression from the article that the trial judge had ruled inadmissible the opinions of members of the National Science Panel; what the judge held was that the Panel's report could not be admitted into evidence independently and in advance of the depositions of the panelists (which are to be conducted in the next several months).
12/31/98 Nevada Nevada Supreme Court--Dow Chemical v. Mahlum. By divided votes, Supreme Court affirms earlier jury verdict awarding multi-million dollars in compensatory damages against The Dow Chemical Co. and sets aside verdict awarding multi-million dollars in punitive damages.  To view copy of opinion, click on www.leg.state.nv.us/scd/114NvAdvOpNo155.html.
10/29/98 Florida USDC FLM (Fawsett, J.) 96-689 Barrow v. Bristol-Myers.  Judge entered judgment in this non-jury case tried in Fall 1997 in favor of plaintiff in amount of $357K compensatory damages and $400K punitive damages.  Affirmed per curiam by 11th Circuit on July 19, 1999.
10/16/98 New Mexico Dist. Ct. (Lang, J.) 92-10934 Groen v. Surgitek.  After 1 month trial, verdict in favor of Bristol defendants.
9/?/98 New York USDC NYS 93-0774 DeHoust v. Dow Corning (Baxter). Verdict on certain issues in favor of defendant Baxter.
9/?/98 Colorado USDC CO 93-2762 Zelinger v. Baxter.  Verdict in favor of defendant.
10/7/97 Texas Dist. Ct. (Loyd, J.) 92-25394 Hunger v. Baxter, 92-60876 Whitman v. Baxter, and 92-25494 Sparks v. Baxter. After 3+ weeks of consolidated trial of these 3 cases, verdict in favor of defendant.
8/18/97 Louisiana Dist. Ct. (Magee, J.) 92-2589 Spitzfaden v. Dow Chemical. After 5 months (intermittently) of trial, verdict in "Phase I" of this Louisiana class action finding that Dow Chemical suppressed or concealed information about dangers of using silicone in the body. Judge Magee has since vacated the class certification order, and that decertification order has been affirmed by Louisiana appellate court. Next phase will determine whether implants caused the injuries complained of by the eight plaintiffs who had been class representatives..
8/13/97 Texas USDC TXS (Gilmore, J.) 94-2945 Goldshtin v. Bristol-Myers. After 1 week trial, verdict in favor of defendant.
8/6/97 California Sup. Ct. (Sonoma) (O'Neill, J.) 2754-01110 Stirling v. MEC. After 1 month trial, verdict in favor of defendant.
5/23/97 New Mexico USDC NM (Thompson, J.) 95-5863 Duke v. 3M. After 7+ week trial, verdict in favor of plaintiff for $30,000.
4/9/97 Texas Dist. Ct. (Dallas) (Canales, J.) 93-8842-M Lesher, Wheeles v. Baxter. After 3 week trial, verdict in favor of defendant.
3/31/97 Texas Dist. Ct. (Upshur Co.)(Parish, J.) 136-94 Atturbury v. 3M. After 3 week trial, verdict in favor of plaintiffs. Compensatory damages of $75,000, $75,000, $85,000, and $320,000 awarded to four plaintiffs; each plaintiff awarded $250,000 in punitive damages.
2/25/97 Texas USDC TXW (Prado, J.) 93-145 Kelley v. Heyer-Schulte. After 23 days of trial, Judge directs verdict (judgment as a matter of law) in favor of defendant on issue of Sjogren's syndrome being caused by breast implant, parties enter into a procedural device, involving dismissal without prejudice of remaining claims, in order to facililtate appellate review of trial court's ruling on Sjogren's issue as well as certain other trial rulings.
10/17/96 Tennessee Circuit Ct. (Memphis) (Holder, J.) 55915-2-TD Tyson v. 3M. After 5 week trial, verdict in favor of defendant.
10/17/96 Massachusetts Sup. Ct. (Middlesex County) (Botsford, J.) 93-5750 Vassallo v. Baxter. After 1 month trial, verdict in favor of plaintiff and spouse ($1,108,000, plus $590,805 prejudgment interest, as compensatory damages). Attorneys' fees and costs allowed; multiple/punitive damages denied.
9/18/96 Texas Dist. Ct. (Dallas) (Godbey,J) Allen, Patterson, Thomas, Zolkowski v. Baxter. After 1 month trial, verdict in favor of defendant.
7/8/96 Texas Dist. Ct. (Travis Co.) (Lowry, J.) 94-08415 Dyke v. Baxter. After 1 month trial, hung jury; mistrial.
5/13/96 California Sup. Ct. (San Diego) (O'Neill, J.) 2754-01837 Celiberti v. Baxter. After 5 week trial, verdict in favor of defendant.
4/3/96 Texas Dist. Ct. (Dallas) (Black, J.) 94-7037 Werner v. Bristol-Myers. After 3 week trial, verdict in favor of defendant.
3/27/96 California Sup. Ct. (San Francisco) (Figone, J.) 2754-01417 Valentine v. Baxter. After 2 month trial, hung jury; judge enters directed verdict for defendant.
3/20/96 California Sup. Ct. (San Diego) ((O'Neill, J.) 2754-00525 (699805) Baldasare-Low v. Aesthetech, MEC. After 3 week trial, verdict for defendant.
2/29/96 Oregon Cir. Ct. (Multnomah Co.) (Bearden, J.) 9312-08347 Shaw v. Bristol-Myers. After 5 week trial, verdict awarding plaintiff $1.5 million in compensatory damages; jury deadlocks on punitive damages. Judge vacates verdict and grants new trial. (Presently on appeal).
2/29/96 Texas Dist. Ct. (Harris Co.) (Wittig, J.) 94-15660 Jenke, Whitley, Daugherty v. 3M. After 3 week trial, verdict for defendant.
1/27/96 Florida Cir. Ct. (Duval Co.) (Santora, J.) 94-00238 Love v. Bristol-Myers. After 3 week trial, verdict for defendant.
1/12/96 Oregon Cir. Ct. (Multnomah Co.) (Bearden, J.) 9405-03148 Jennings v. Baxter. After 6 week trial, verdict for defendant.
12/7/95 Texas Dist. Ct. Gamblin v. 3M After 3 week trial, mistrial--jury deadlocked at 9-3 in favor of 3M (10-2 verdict required)
3/2/94 Texas Dist. Ct. Doss v. 3M. After 4 week trial, verdict for plaintiff for $33M. Case settled after judgment for undisclosed amount.
8/17/92 Hawaii Dist. Ct. Craft v. Peebles; 3M. After 4 week trial, verdict for defendant. Affirmed after appeal.