Dow Corning, in an effort to recover from bankruptcy, has offered to pay a $2.4 billion dollars settlement for breast implant claims. In offering the settlement, Dow makes no admission that silicone breast implants cause disease, but admits that the implants “can cause local complications” and that “rupture may occur.”
A bankruptcy court must approve Dow’s settlement documents before the offer is made to 200,000 women worldwide, who will then vote to accept or reject the settlement. The amount of the individual settlements varies, ranging from $1,000 for an expedited claim to up to $200,000 of compensation for medical treatment. At least two thirds of the plaintiffs must accept Dow’s offer in order for women to receive their settlement payments. Attorneys for the plaintiffs report that the compensation is inadequate, but have yet to make a recommendation on whether or not plaintiffs should vote to accept the plan.
Last week, a Louisiana state jury ruled that Dow Chemical was negligent in testing silicone for use in breast implants and concealed evidence of health risks.