Marisa Baldasare-Low v. Aesthetech Corporation, Bristol Myers Squibb Company, Medical Engineering Corporation, et al.
Published: May 4, 1996 | Result Date: Mar. 20, 1996 | Filing Date: Jan. 1, 1900 |Case number: 699805 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Thomas M. Moore
(The Senators (Ret.) Firm LLP)
Michael F. Healy
(Shook, Hardy & Bacon LLP)
Experts
Plaintiff
Gordon Robinson
(medical)
Graham Wood
(medical)
Harold Alexander
(technical)
Daniel Mills
(medical)
Defendant
Grant Stevens
(medical)
Otto Wong
(medical)
John Zeigler
(technical)
David M. McGee-Williams
(technical)
Facts
In 1978, the plaintiff, Marisa Baldasare-Low, a 37-year-old bartender, underwent cosmetic breast implantation surgery. Silicone gel-filled implants manufactured by the defendant, Medical Engineering Corporation, were inserted. In 1991, the plaintiff began experiencing moderate to severe hardening of her breasts (allegedly associated with her implants) which caused her pain and cosmetic deformity. The plaintiff elected not to have her breast implants removed at that time. In January of 1992, the plaintiff became aware of the FDA temporary "moratorium" on the sale of silicone gel-filled breast implants and became concerned about possible adverse health consequences. In July of 1992, the plaintiff received a letter from her implanting physician suggesting that implants which had been in place for 10 to 15 years may have up to a 50% chance of rupture. In 1992, the plaintiff's doctor recommended explantation as well as a mastopexy, (a "breast lift" operation). The plaintiff was informed that the mastopexy would be necessary to correct the effects of tissue expansion caused by the breast implants over time. The plaintiff brought this action against the defendants, Medical Engineering Corporation, a subsidiary of defendant Bristol Myers Squibb Company and Aesthetech Corporation, based on products liability, failure to warn, fraud and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $99,000. The defendants made no offer.
Specials in Evidence
$12,000 (per the defendants) and $17,000 ( per the plaintiff) $________ $____________ $________
Injuries
The plaintiff alleged that she had to undergo a mastopexy as a result of the defendants' conduct. (The plaintiff alleged that she elected to remove her breast implants due to fear of rupture resulting in silicone granuloma and upon recommendation of three plastic surgeons.)
Other Information
The verdict was reached approximately two years after the case was filed. Although the case was originally venued in Orange County, it was transferred to the Coordination Court in San Diego, and tried by the Coordination Judge, Robert J. O'Neill. Per the defendants, this was the first breast implant case tried in California by Medical Engineering Corporation and its "parent," Bristol-Myers Squibb Company. It was also the first breast implant case in California tried on a theory based on disfigurement (e.g., scars, resulting from explantation) and emotional distress from a plaintiff's "fear" of future harm (e.g., rupture and migration).
Deliberation
3+ hours
Poll
12-0 (no negligence), 12-0 (no misrepresentation)
Length
3 weeks
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