If appointing independent panels of scientists to assess class-action health claims becomes a trend, the lawyers running these scams will lose millions.

Lawyers claim 175,000 American women are party to this suit over breast implants, but that's a number inflated by television ads that told women that all they needed to do to get on this gravy train was sign their names to the list.

As numerous researchers pointed out, many of the symptoms associated with implants--body aches, fatigue, apparent memory loss--are simply the usual symptoms of getting older. Not that Baby Boomers would ever admit to such a condition.

Dow Corning caved too soon.

Copyright 1998 The Associated Press

"No clear link found between diseases, implants under litigation "
By JAY REEVES, AP Business Writer
December 1, 1998

BIRMINGHAM, Ala. -- A landmark panel of court-appointed scientists said Tuesday that it found no proven links between silicone breast implants and diseases claimed by women suing implant manufacturers.

The long-anticipated findings of the independent committee will help shape the future of U.S. implant litigation because they can be used in courts nationwide.

The four-member panel, appointed by U.S. District Judge Sam Pointer of Birmingham to review conflicting scientific claims, found no definite links between implants and women's illnesses in four major areas: toxicology, immunology, epidemiology and rheumatology, the study of diseases of connective tissue such as rheumatoid arthritis.

"It is our informed opinion that the large majority of scientists in our respective disciplines would find merit in our reviews and analyses," the panel reported to Pointer, who oversees thousands of implant cases nationwide.

There is a possibility that Sjogren's syndrome, marked by unusual dryness of the mouth, may be linked to silicone from implants, the panel said, but its symptoms "are nonspecific and relatively common in any population group."

The report was welcomed by implant companies, which have spent years and millions of dollars defending themselves against implant lawsuits.

"This adds to the trend of the past couple of years of courts rejecting the hypothesis that breast implants cause disease," said Doug Schoettinger, a lawyer for Dow Corning Corp., once the largest implant maker.

But Suzanne Turner, a spokeswoman for plaintiff's attorneys, called the report "terrible news for women."

Thousands of women sued manufacturers blaming implants for sicknesses including lupus, rheumatoid arthritis, body aches, fatigue, memory loss and hardening of the breasts. Their lawyers contend scientific studies back up the claims.

Manufacturers deny hurting anyone and point to other studies that found no links between implants and health problems. They contend women's attorneys built their cases on flawed science.

Expert panels have reviewed evidence in previous cases, but never before did a committee have the ability to affect so many cases nationwide, according to the Washington-based Federal Judicial Center.

Panel members are immunologist Betty A. Diamond of the Einstein College of Medicine in New York; epidemiologist Barbara S. Hulka of the University of North Carolina; rheumatologist Peter Tugwell of the University of Ottawa in Ontario, Canada; and toxicologist Nancy I. Kerkvliet of Oregon State University.

Pointer said the members will give videotaped sworn statements that may be used as evidence in courts nationwide.