Judge Says Dow Chemical Liable

Hundreds of Louisiana women who claim breast implants made them sick will not have to prove Dow Chemical Co. was negligent in testing silicone when they file their individual lawsuits, a state judge ruled. The ruling is the latest twist in a convoluted case being tried before state Judge Yada Magee in New Orleans. The case gained national attention in August when jurors found that Midland, Mich.-based Dow Chemical was negligent in testing silicone for breast implants, lied about the possible risks and conspired with manufacturer Dow Corning, also of Midland, to hide potential health dangers. It was the nation’s first such case to go to trial as a statewide class-action. Then in December, Magee decided that the claims by the 1,800 women were too dissimilar to group in one lawsuit. She said the trial would resume with just the original eight plaintiffs, not 1,800. The same jurors who decided the liability in August also were to determine damages. The latest ruling means that the jury’s verdict finding Dow Chemical negligent will be binding on separate lawsuits for damages filed by any of the 1,800 Louisiana women who were left out when the judge decertified the case. Dow Chemical spokesman John Musser said the ruling makes it clear that the first phase of the trial only treated certain liability issues. The women still have to prove the implants made them sick. Dow shares fell $1.75 to close at $92.50 on the New York Stock Exchange.