Implant ruling seen as win for many Nevada women

     Associated Press
      RENO -- A federal appeals court ruling on lawsuits involving silicone breast implants has been branded as a victory for most Nevada women but a defeat for some.
      Reno attorney Geoff White said the ruling was a blow for about 1,000 Nevada women with suits pending against Dow Chemical Co. because it bars them from pressing their claims in Nevada courts.
      "This is yet another testament to Dow's efforts to avoid responsibility for harming thousands of women," said White, who represents many Nevada women with suits against Dow Chemical.
      The 6th U.S. Circuit Court of Appeals on Thursday ordered a Detroit judge to transfer to her court all 10,000 implant suits pending nationwide against Midland, Mich.-based Dow Chemical.
      Dow Chemical is a co-owner of Dow Corning Corp., a one-time maker of silicone breast implants that are the alleged cause of health problems in women.
      White estimated 40 percent of the claims in Nevada are against Dow Chemical and would be affected by the court ruling.
      The other 60 percent are against Bristol Myers Squibb, 3M and Baxter International Corp. and will not be affected, he said.
      Las Vegas attorney Jan Markley hailed the decision for Nevada women who say they became ill or disfigured by implants produced by the three companies. Such women still can sue in Nevada courts.
      "Since a majority of our cases involve Bristol Myers Squibb, 3M and the Baxter Corp., this is indeed a victory for most silicone breast implant cases here in our state," she said.
      "Nevada women have at least triumphed over the slick maneuvering of these three corporations."
      The three companies also had argued for consolidation of the cases, but the federal appeals court rejected their request.
      The court said it was in the best interests of justice for all sides to consolidate the Dow Chemical-Dow Corning cases in the hands of U.S. District Judge Denise Page Hood of Detroit.
      But White said the women's cases must be supervised by bankruptcy court and subject to all the delays of bankruptcy court, even though Dow Chemical has never filed for bankruptcy.
      Jurors might be less sympathetic to the women in Michigan, where Dow Chemical's corporate offices are located.
      "Now, Dow Chemical joins in Dow Corning's effort to manipulate the system, this time by enjoying the protection of bankruptcy while shouldering none of the burden," White said.
      But Dow Chemical spokesman John C. Musser said the court ruling would benefit women.
      "We view this as very positive, not only for Dow Corning, but for the women as well," he said.
      "Because this will certainly expedite a fair and efficient resolution through the Dow Corning bankruptcy process. And that's in the best interest of women as well."
      The Nevada Supreme Court is considering Dow Chemical's appeal of a $14 million judgment favoring a Las Vegas woman who said her health was ruined by silicone gel breast implants.