Thousands of Utah women have decided to accept payment from the manufacturers of breast implants as part of a "universal" $4.2 billion settlement offered to millions of American women.
Only a few Utah women who have sued implant manufacturers appear to have rejected the settlement offer, according to three Salt Lake law firms. The three firms represent approximately 1,000 Utah women unhappy with their implants.Women who have decided to sue the manufacturers on their own had to formally reject the settlement last week. The 3 or 4 percent who opted to sue on their own typically had serious illnesses they believe are related to the implants, the law firms report.
Attorney Kathryn Collard urged her clients who believed they had cancer because of their implants or were disfigured by them to reject the settlement and sue on their own.
The settlement does not compensate women for cancer or disfigurement, she said. The settlement also doesn't compensate sick women for lost wages. Collard represents more than 200 women with implants.
The settlement does compensate women who believe they have contracted diseases related to their immune system because of the implants. The settlement will also pay to have the implants removed for those who want them out. The fund also pays women whose implants ruptured, requiring medical care.
"Many of our clients want their implants out and they are just waiting for the money to pay for it," said Patricia LaTullippe. Her firm, DeBry & Associates, has more than 500 implant clients.
Some of the sicker clients suffer neurological problems and the symptoms of lupus: joint pain, hair loss and thickening of connective tissue, including skin, heart, lungs and kidneys, LaTulippe said.
Some of the $4.2 billion will be set aside for women who had implants but display no health problems. Those women will be monitored for 30 years and compensated if implant-related health problems arise during that time.
Utah women who had implants before June 1993 can still participate in the settlement. "They have to get an attorney and file a claim," Collard said. "People are told they can do this without an attorney, but I don't think those women will do as well as women with attorneys." The court and the implant companies are making up this process as they go along, so a savvy attorney can be a big help, she said. The fund will also pay attorneys' fees.
Thousands of American women have sued Dow Corning and other manufacturers of breast implants. The cases have been consolidated into one class-action case before Alabama federal Judge Sam C. Pointer Jr.
Women who want money from the settlement don't have to prove that the implants caused their health problem. But women who chose to sue on their own will.
Women who are seriously ill from their implants may receive anywhere from $140,000 to nearly $2 million each from the settlement, Collard said. "That's for women who have one of the very serious diseases, like lupus. They have extreme disabilities where they can't work and can't take care of their daily needs."
"The consensus is that those numbers are not realistic," countered Rick Smith, an attorney with more than 250 implant clients. Once the court knows how many women want a piece of the settlement, the estimated awards will be smaller, he said.
Women who have sued on their own have been awarded as much as $8 million, the startling sum awarded to Mariann Hopkins by a San Francisco jury nearly three years ago.
Some women who have filed local suits are hoping for sums nearly that large. Women filing lawsuits in Utah's federal court have asked for millions of dollars.
The Mayo Clinic released a study last week that showed no link between silicone breast implants, connective tissue disease and breast cancer. The 30-year retrospective study involved data from 377 patients.
The American Society for Aesthetic Plastic Surgery says that study and others should reassure women concerned about their implants.
But local attorneys discount the studies, saying the problem is far bigger than physicians imagine. The breast implants have sickened Utah children, two attorneys say.
Smith estimates as many as 100 clients' children are sick because of their mothers' implants. LaTulippe's clients say their children have stomach problems, allergies and painful joints, she reported. A study is currently seeking a link between a mother's implants and her child's health, she said.
The settlement fund currently does not compensate sick children. But if a link is proven, money may be set aside for the youngsters, she said.
But the more people who qualify for the settlement, the smaller each award will be, the lawyers say. The implant manufacturers will not increase the fund beyond the $4.2 billion proffered.
A hearing will be held in September to evaluate how much money each woman might receive. If the new estimates are considerably lower than the early numbers, women will be given a second chance to reject the settlement and file their own suit, Smith said.
Women who received implants before June 1993 and want claim forms can call 1-800-887-6838. That line is often busy, Collard said. She recommended a second number: 1 (312) 609-8680.