Fw: Breast implant victims win $38m ~ Australian News

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From: " ilena rose " <ilena@...>

Sent: Tuesday, May 22, 2001 12:37 AM

Subject: Breast implant victims win $38m ~ Australian News

> http://www.smh.com.au/news/0105/22/pageone/pageone2.html

>

> Breast implant victims win $38m

>

> By

>

> More than 3,000 Australian women suing Dow Corning Corporation over

> silicone breast implants yesterday won a $38.4 million payout claimed by

> their lawyers to be a world first.

>

> Mr Gordon, a partner at the law firm Slater and Gordon, said

> fluctuations in the value of the dollar had added $10 million to the

> figure.

>

> Justice Barry Beach made orders in the n Supreme Court approving

> the establishment of a trust to distribute compensation to the women. The

> US Federal Bankruptcy Court had earlier approved the settlement and

> appointed him to handle its administration in Australia.

>

> Justice Beach also appointed a solicitor to contact about 60 women who had

> not responded to the offer. The case was adjourned until August.

>

> Mr Gordon said the payout was made on similar terms to a $US3.2 billion

> offer approved in 1999 by a US judge to settle worldwide compensation

> claims by more than 200,000 former customers and others.

>

> He said appeals against the settlement meant that litigation in the case

> could continue for years.

>

> An affidavit before the Supreme Court said yesterday's orders would allow

> compensation to be assessed and paid in the next 12 months instead of

> claimants being forced to wait five or 10 years for their cases to finish.

>

> Individual compensation would vary according to the severity of injury,

> from $2,000 for a speedy payout option to about $50,000 for those who had

> suffered disease.

>

> According to the affidavit, 3,109 Australian women agreed to the

> settlement of their claims against Dow Corning Corporation.

>

> Their complaints ranged from rupture and leaking of implants to

> complications involving allegations of tissue disorder and auto-immune

> disease.

>

> Ms Janet Baxter, of Melbourne, said last night she was very pleased to

> learn of the settlement " at last " after eight years of litigation.

>

> She said she had a breast removed because of cancer in 1984 and an implant

> fitted the following year. Her surgeon took two operations to remove the

> implant in 1993 after it had ruptured.

>

> " It's some compensation, let's put it that way. You can't put a price on

> the pain and ... what my kids have gone through with me. "

>

> The Age

>

>