Judge Approves Use of Civil Trials in Dow Suit

Dow Corning Corp. said a bankruptcy judge has recommended using civil trials to determine whether silicone breast implants cause disease if the company can’t resolve the issue through negotiations. The ruling puts pressure on the Midland, Mich.-based silicone-products maker to reach an agreement with plaintiffs’ lawyers by Aug. 20, when it has to file its revised plan for exiting Chapter 11 bankruptcy protection. It represents a setback for plaintiffs’ lawyers, though, who don’t like the idea of a trial narrowly focused on whether implants cause disease. They want at least 30 trials to determine average jury awards for various injuries and illnesses they allege are caused by implants. “We need a procedure that accounts for the diversity of health complaints of these women,” said Ken Eckstein, lead bankruptcy lawyer for the plaintiffs. Dow Corning, a joint venture of Dow Chemical and Corning, in December proposed paying $600 million to women with claims stemming from implant ruptures and as much as $1.6 billion to resolve disease claims if it loses a science trial. Separately, Dow Corning said second-quarter profit rose 13% to $58.6 million from $52 million a year ago.