Mariann Hopkins vs. Dow Corning
Mariann Hopkins, a citizen of Sebastopol, California, underwent a double mastectomy due to fibrocystic disease of the breast. Hopkins had a condition that resulted in the production of tender nodules in her breasts. It has not been determined to this day whether this condition causes any form of cancer or not. After her mastectomy Hopkins had her breasts restored through the use of silicone-gel-filled implants that were produced by Dow Corning. After a few months one of the implants ruptured inside of her body leaving her with no choice but to undergo yet another extensive surgery.
In 1979, three years after her second surgery, she was diagnosed with an autoimmune disorder called mixed connective tissue disease (Angell, 119). This harmful disease produces many side effects including forms of arthritis and high levels of antibodies that combat existing cells. In 1986, Hopkins was forced to quit her job due to this disease; she also underwent a third surgery due to the tearing of yet another implant.
In 1987, Hopkins was finally introduced to the fact that her autoimmune disease could be directly related to the leakage of chemicals from her breast implants into her immune system. Hopkins consulted her doctors in regard to this concern; however, they denied any knowledge of such problems relating to implants. One year later, while watching a program on television, Hopkins learned of new information linking implants to autoimmune disorders. She immediately phoned Dan Bolton, attorney, to see if she had a case. The following month, Hopkins and Bolton filed a case against Dow Corning in a SanFrancisco federal court.
Three years later, the case finally went to trial. Hopkins’ witnesses included Marc Lappe, an experimental pathologist, Nir Kossovsky, a doctor of anatomic pathology, and Frank Vasey, a rheumatologist. All went as planned during testimony until surprising information was discovered regarding Hopkins’ disease. Hopkins’ own personal rheumatologist, Stephen Gospe, diagnosed Hopkins with the disease in 1979; however, he believed that her disease existed even before she received the implants. Tests were performed on her before implementation of the implants, but results were questionable. Although Gospe believed that the symptoms were apparent before receiving implants, the jury still ruled in favor of Hopkins.
On December 13, 1991, Hopkins was generously awarded 7.34 million dollars. Dow Corning was found guilty of fraud and malice in marketing the implants (Angell, 123). Dow Corning appealed to the Ninth Circuit of the U.S. Court of Appeals only to have their case dismissed. The appeals process was continued all the way to the U.S. Supreme Court. Once reaching this court the petition for appeal was refused, upholding the Court of Appeals decision.
Angell, M. (1996). Science in the courtroom: Opinions without evidence. Science on trial: The clash of medical evidence and the law in the breast implant case, (111- 132). New York: W.W. Norton and Company.