Accepting a district court ruling reached after remand, a federal appeals panel has opened a long-running breast-implant products liability settlement to women who have waited for years to secure benefits for an implant-related procedure.
In a July 31 ruling, the three-judge panel of the U.S. Court of Appeals for the Sixth Circuit unanimously embraced a lower court’s order that tissue expanders—medical devices often employed in advance of a breast implant—are covered by the $2 billion fund Dow Corning created in in a 1998 settlement. A mountain of faulty breast-implant claims led the company to file for bankruptcy in 1995.
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