Baxter lost

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(posted on alt.support.breast-implant)

Baxter Must Pay $1 Mln in Implant Case, Court Finds

Atlanta, Dec. 19 (Bloomberg) -- Baxter International Inc., the world's

second-largest medical technology company, must pay $1 million to an Alabama

woman who contends she was injured by breast implants made by Baxter's

predecessor company, a federal appeals court ruled.

The 11th U.S. Circuit Court of Appeals concluded last week that a lower court

judge didn't err in finding Toole produced enough evidence linking the

implants made by the Heyer- Schulte Corp. to a variety of ailments she suffered

to justify the $1 million award.

Jurors in U.S. District Court in Birmingham originally awarded Toole $6 million

in damages for injuries linked to the ruptured implants. Toole later agreed to

accept a reduced award of $1 million. The judge in the case brushed aside

Baxter's bid for another trial based on new evidence questioning whether breast

implants cause illnesses.

There was ``sufficient evidence indicating that the trial court considered the

new scientific evidence'' and found it wanting, the Atlanta-based appeals court

ruled.

Last year, a panel of scientists found little evidence linking silicone

implants to the most serious illnesses found in implant recipients.

Several Surgeries

Toole argued that she underwent several surgeries to deal with the ruptured

implants and then suffered from ulcers, hair loss and fatigue as a result of

having the implants.

Baxter officials didn't return calls seeking comment on the 11th Circuit's Dec.

14 ruling.

Thousands of implant recipients have sued Baxter, which assumed some of

Heyer-Schulte's liability in its 1985 acquisition of its parent, American

Hospital Supply Corp. Baxter never actually manufactured the implants.

Women also have taken implant makers Dow Corning Corp., Minnesota Mining &

Manufacturing Co. and Bristol-Myers Squibb to court seeking compensation for

their injuries.

The claims forced Dow Corning into bankruptcy in 1995. A bankruptcy judge later

approved a $3.2 billion settlement to compensate women harmed by the implants.

Dow Corning is a joint venture between Midland, Michigan- based Dow Chemical

Co. and Corning, New York-based Corning Inc.

Shares of Deerfield, Illinois-based Baxter rose 88 cents to $86.19 today on the

New York Stock Exchange.

Dec/19/2000 17:14 ET