Dow Chemical Co Vs Mahlum

Grace Lee USNA 289R 19 April 2024 An Era of Breast Implant Litigation: Dow Chemical Co v. Mahlum Introduction Breast implant litigation is one of the most highly controversial and expensive series of cases in United States legal history. In 1990, as the FDA banned silicone breast implants and a rise of media information arose on the possible harmful impacts of these implants, a wave of lawsuits emerged against various breast implant companies. Dow Chemical Co v. Mahlum discusses an appeal from Dow Chemical Co. to overturn Charlotte Mahlum’s claims of negligence and fraud for distributing breast implants. This case provides a precedent in determining the risk of selling invasive technologies that could possibly affect human health. Particularly,

Mahlum decision. The controversy began in 1985, as Charlotte Mahlum decided to receive silicone gel breast implants. In 1990, her health began to detonate and, “In July 1993, one of Mahlum’s breast implants ruptured, requiring the surgical removal of both implants,” however all of the silicone could not be removed and her health continued to deteriorate. In 1993, Charlotte Mahlum, with many other plaintiffs, decided to sue Dow Chemical Company, as she claimed she had contracted an autoimmune disease as a result of the implants. She attempted to prove that Dow Chemical had negligently and fraudulently hid information that the breast implants could be harmful. She relied heavily upon medical experts and testimony from licensed doctors to defend her case and prove causation between the implants and her autoimmune disease. After four weeks, the jury voted against Dow Corning on fraudulent misrepresentation, concealment, aiding and abetting Dow Corning, and negligent performance. For these reasons, “The jury awarded Charlotte Mahlum $38,654.00 in past damages and $3,915,000.00 in future damages, and awarded Marvin Mahlum $200,000.00 in future damages. The jury also awarded the Mahlums $10,000,000.00 in punitive damages.” This case is Dow Chemical’s appeal to the decision awarded in the original case. Dow Chemical argues “(1) it is

Although there was previously a lawsuit in 1984, the Stern lawsuit went largely unnoticed until 1990 when, on the eve of congressional hearings on the safety of breast implants, a program on the dangers of silicone implants aired on Face to Face with Connie Chung. From there, a series of breast cancer cases emerged by 1991, with the negative media attention the implants received. Charlotte Mahlum’s case, in context with the media attention, was at the later end of breast implant litigation, following the wave of lawsuits. There had already been a variety of successful and unsuccessful lawsuits against Dow Corning throughout this period, however each case received media attention inciting fear into the general public. This contextualization explains the complications between Dow Corning and Dow Chemical described above, as Dow Corning had already experienced a litany of cases against them. Charlotte Mahlum’s case was part of a very specific era of breast implant litigation, most likely contributing to her success. Her case, beginning in 1993, was one of “12,359 individual lawsuits” filed against Dow Corning, focusing on how silicone implants cause autoimmune disease. A shift in medical literature regarding this causation only emerged in 1994 after the end of Mahlum’s case. Although the court began taking note of these findings, this shift took place