-
- Document
#301
- 04/10/78
-
- STERILIZATION/CONTAMINATION
-
- Dow
Corning Complaint Report 20602 notes a “hair inside
package.”
-
- CITE:
CRM 296 - 300. DUPLICATE: KKH 33333. Dow Corning Trial Exhibit
List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#302
- 04/17/78
-
- SHELL
STRENGTH - THICKNESS
- RUPTURE
-
- Rathjen,
Dow Corning, memo to Gant regarding the deflation problems of
the Varifil Mammary Prosthesis. Some clinicians report
deflation rates as high as 8 out of 13 patients. Rathjen
states “the most important factor for all of us to keep in
proper perspective is that a mammary implant, with very few
exceptions, is expected to function and remain in the human
body for the lifetime of the patient.... Therefore, in no way
can we even remotely think that a mammary prosthesis that has
functioned for six months and failed is any worse than one
that has functioned for a year or 18 months, and then
deflated. When a product stays inflated for four months and
then deflates overnight, we can’t blame the doctor.”
(emphasis
added).
-
- CITE
KMM 333262 - 333264, Exhibit to MDL Rathjen Deposition. Dow
Corning Trial
Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#303
- 05/17/78
-
- GEL
MIGRATION
- TESTING
- TISSUE
REACTION
-
- Lentz,
Chandler and LeVier, Dow Corning, report on the “Biological
Evaluation Of An Implantable Silicone Gel: Summary Of Acute
And Chronic Studies.” They write:
“The
majority of subcutaneous implant sites at three and six months
showed subdivision of the gel mass by bands of fibrous
connective tissue. The current data does not support use of
this gel by direct instillation. While no deleterious effects
were noted, the long term localization of the gel is uncertain
as is the endpoint of the tissue reaction. To permit use of
this gel by instillation, future studies should address the
questions of whether the reaction stops short of complete
dispersal of the gel, whether gel fragments are carried to
remote sites and if so the fate of this material, whether this
reaction is dependent upon the mass of gel implanted, and
whether a similar fragmentation occurs in humans.”
-
- CITE:
KMM 174130 - 174159, Exhibit 33 to Harris County Peters
Deposition,
Exhibit 30 Rathjen Deposition (used by Dow Corning), Exhibit
to Harris County
Tyler Deposition, Exhibit to Weyenberg Deposition, and Exhibit
to Ryan
Deposition. DUPLICATE: KMM 453860 - 453893; DCC 80061699 -
80061732; DCC
- 281002010
- 281002045. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#304
- 06/00/78
-
- KNOWLEDGE
OF GEL BLEED
- MISCELLANEOUS
- COMPLICATIONS
- TISSUE
REACTION
-
- Donald
E. Barker, M.D., Marvin I Retsky, M.D. and Sherill Schultz,
R.N., report in the Plastic and Reconstructive Surgery Journal
that, “Modern silicone bag-gel breast implants leak silicone
gel through the bag, the amount leaked varies from one implant
to another and is not constant for any type or brand, and the
silicone will be found in fibrous thickening and various
degrees of inflammation will be found in capsules surrounding
the implants....”
-
- CITE:
M 260116 - 2601121, Exhibit 44 to Harris County Duel
Deposition (used by
Dow Corning), Exhibit 37 to Frisch Deposition (used by Dow
Corning), Exhibit to
D. McGhan Deposition, Exhibit to Oppelt Deposition, Exhibit 2B
to Harris County
Talcott
Deposition (used by Dow Corning), Exhibit 2 (and 125) to
Harris county
Rathjen
Deposition, and Exhibit to Steward Deposition. DUPLICATE: D
3583 - 3585,
- M
260269 - 260275. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#305
- 09/06/78
-
- SILICA
-
- The
Department of Health, Education and Welfare issues a pathology
report on monkeys exposed by inhalation to Amorphous Silica-F
(99.5% of its particles are less than one micron in size).
Noting that “the abundance of vacuoles containing fine bands
of connective tissue is significant in view of previous
reports that amorphous silica is innocuous,” the report
concludes that the “effects of particulates containing
silica ... should be a cause for concern.”
-
- CITE:
KMM 313106 - 313110. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#306
- 10/18/78
-
- FRAUD/MISREPRESENTATION
- KNOWLEDGE
OF LIQUID SILICONE DANGERS
- MISCELLANEOUS
- COMPLICATIONS
- MISCELLANEIOUS
- RECKLESS/CONSCIOUS DISREGARD TISSUE REACTION
-
- Swanson
memo to Ludington, Hargreaves, Maneri, Layne, Tyler, “Reed,
Griffin, Klauser, Bott, Dion, Seeberger and Schumack regarding
Zemker & Associates communications clinic. A prepared
question of Mr. Layne states that Dow Corning’s marketing
strategy apparently dictates that the responsibility stops
with the doctor. But according to MS. Magazine there is a 60%
complication rate. The
question asks that many people have trouble understanding that
since Dow spends a few million dollars promoting the safe
sealants and defoamers to the end user why doesn’t it spend
a red cent to give thousands of young women the true facts
about implants and at the same time warn them about silicone
breast injections. The question goes on to ask if Dow
doesn’t feel some ethical and moral responsibility to do
more than you are doing.
-
- CITE:
DCC 80021587 - 80021589, Exhibit to Tyler Deposition. Dow
Corning Trial
Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#307
- 00/00/79
-
- RUPTURE
- CLOSED CAPSULOTOMY
- SHELL
STRENGTH - THICKNESS
-
- A
brochure entitled “Suggested Surgical Procedures for
Silastic Mammary Prostheses” states that “an alternative
to surgical release of a tight capsule is the closed
compression technique for rupturing a contracted capsule
around a breast implant.” (emphasis added).
-
- CITE:
M 660189 - 660204, Exhibit to MDL Rathjen Deposition. Dow
Corning Trial
Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#308
- 00/19/79
-
- KNOWLEDGE
OF SYSTEMIC DISEASE
- GEL
MIGRATION
-
- Handwritten
letter advising that the gel represents a potential rupture or
immunogenic problem and a mild inflammatory problem which is
probably beneficial since this will stimulate encapsulation of
the gel and help minimize gel migration. Gel will probably
eventually be found in the regional lymph nodes.
(emphasis added).
-
- CITE:
M 460274. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#309
- 02/13/79
-
- SHELL
STRENGTH - THICKNESS
- RUPTURE
- MISCELLANEOUS
- RECKLESS/CONSCIOUS DISREGARD
-
- Dow
Corning minutes of a PMG (Product Marketing Group) meeting
with R. Rylee, G. Jakubcvzak,
A. Rathjen, M. Nelson, A. Bey and others. Three areas of
importance concerning the inflatable mammary prosthesis were
discussed - ethical/morality, legal, and business. The 1972
study was presented which showed there was a deficiency in the
envelope.
-
- Jakubczak
reported failures in the clinicals were the result of pinholes
of undetermined origin. (NOTE: This is inconsistent with
Rathjen’s prior memos.) Rathjen outlined his ethical
concerns that “no matter when the product fails, it is the
fact that it did fail....” There was discussion whether Dow
Corning should stay in the market with the inflatable, do
clinicals on the HP envelope, or market the HP. Marketing
claimed that the field results showed there was no problem.
Rathjen, however, stated that his clinical experience showed
there was a “definite serious problem.” (NOTE: See
Rathjen’s memos throughout 1977 and 1978). Bey, in Dow’s
Marketing Department, proposes that they put the HP on the
market but increase envelope thickness to 7 mils. The HP will
replace what’s on the market but there will be “no
recall.”
-
- Rylee
questions two different sets of data from marketing and
clinical and whether “Dow Corning is selling quality. The
notes reflect: “1. Do we stay on the market with the
existing product? (lack of clear existing data); 2. Do we
introduce it without clinical trials?... A subjective
decision.” Dow then reviews the damages to patients:
“Damages - minimal with deflation (saline) much more with
gel migration.” They again reaffirm there will be no recall,
that the HP will be phased in, and Dow Corning will do limited
clinical evaluations.
-
- CITE:
KMM 261081 - 261085, Exhibit to MDL Rathjen Deposition. Dow
Corning Trial
Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#310
- 02/27/79
-
- GEL
MIGRATION
- KNOWLEDGE
OF GEL BLEED
- RUPTURE
- SHELL
STRENGTH - THICKNESS
-
- Del
Petraitis memo to Bill Oppelt, both of whom are former Dow
Corning employees who are now at McGhan Medical. Petraitis is
critical of Dow Corning’s inflatable shells because of their
method of dipping which results in significant differences in
thickness, making the shells “very susceptible to aneurysm
formation.”
-
- With
gel-filled implants, the shell thicknesses are less. Also, he
states that Dow Corning’s gel “achieves its responsiveness
by utilizing a large quantity of non-functional polymer in the
gel formation.... This free polymer is not chemically
cross-linked and is only mechanically trapped in the gel
matrix. As a result, it is free to migrate through the shell
and makes the entire implant much more prone to the
‘bleed’ phenomenon.”
-
- CITE:
MCG 8487 -8489, Exhibit to Coyne Deposition, Exhibit to Grosh
Deposition,
Exhibit to Oppelt Deposition, Exhibit to Schreiber Deposition,
and Exhibit to
Petraitis Deposition. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#311
- 04/04/79
-
- KNOWLEDGE
OF GEL BLEED
- GEL
MIGRATION
-
- Gene
Jakubczak, Dow Corning, memo responding to Bill Overton’s,
sales representative in Texas, memo to Milt Hinsch discussing
gel bleed and the effect of therapeutic radiation. Jakubczak
begins by stating, “I remain intrigued that what appears to
be obvious TS&D activities continue to be sent to the
marketing function. Is this by design? Is it due to lack of
response from TS&D? Do sales personnel understand TS&D
functions? Do sales personnel understand who to contact?
Enough!!”
-
- In
response to question of mammary bleed, Jacubczak states that
Dow Corning’s “fluid injection program ... does give some
guidance on what happens when polydimethylsiloxane is injected
in-vivo. Dow Corning does have data from its industrial sales
effort on polydimethylsiloxane fluids. The buildup in organs
is reviewed however, I do not know what it says.... If you
detect reluctance on DC’s part to provide data bear in mind
that most surgeons (obviously not all) do not deal well with
scientific accuracy as it impacts on data interpretation.”
(emphasis added).
-
- With
regard to Overton’s question on what material is bleeding,
Jacubczak states that, “The material referred to as bleed
represents the soluble fraction of the prosthesis gel
component. Bleed is silicone (polydimethylsiloxane
polymer)....” In addition, “Silicone bleed has been shown
to move out and away from the gel prosthesis. Insufficient
information exists to say how much and where it travels and
accumulates, if it does, much less what are its affects. Dow
Corning again from the industrial sales side, does have data
on polydimethylsiloxane fluid and its bio path and the effects
in the body.” (emphasis added).
Finally, in response to whether there is any difficulty
with x-ray and mammography exams of women with breast
implants, “experience will usually overcome difficulties.’
Also, Jakubvczak will review the effect of therapeutic
radiation on implants.
-
- CITE:
M 250045 - 250047. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#312
- 06/29/77
-
- RUPTURE
- SHELL
STRENGTH - THICKNESS
-
- Vaz
da Silva, Dow Corning, memo to Venn and Beyruth regarding
ruptures. She states, “Our sales could be bigger if these
ruptures didn’t happen. As I have already said, our Plastic
Surgeons are afraid of using our Mammary Prosthesis and with
complete reason. At first I was thinking that was (the) fault
of the surgeons but now, I really don’t think this.” A
handwritten note at the top of the document from Venn to Bob
Becker states, “I think her comments are self explanatory.
Hope we begin seeing more uniform envelopes and non-reinforced
patches soon.”
-
- CITE:
CR 4006 - 4007. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#313
- 07/03/79
-
- KNOWLEDGE
OF SYSTEMIC DISEASE
- MISCELLANEOUS
- COMPLICATIONS
- TESTING
- TISSUE
REACTION
-
- Study
by Spielvogel, Robinson and Hanneman titled “Metabolism of
Cis and Trans 2,6 Diphenylhexamethylcyclotetrasiloxane In The
Rhesus Monkey, Rat and Man,” by Speilvogel, R.J. Robinson
and Hanneman. A copy was sent to John Ryan, Bey, Frye, Hobbs,
C. Lentz, Boley, Nelson, Rylee, Stark, Tyler, Weyenberg and
others.
-
- CITE:
DCC 281002046 - 281002085 (Temporary Dow Corning Bates Number
3781-3820),
Exhibit 6 to Isquith Deposition. Dow Corning Trial Exhibit
List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#314
- 09/28/79
-
- SHELL
STRENGTH - THICKNESS
- MISCELLANEOUS
- RECKLESS/CONSCIOUS DISREGARD
-
- Dr.
Gordon Robinson Jr. letter to A. Rathjen, Dow Corning, stating
he had to replace 13 out of 16 inflatable mammaries that were
part of the clinical trial since they deflated. He states,
“I feel like the handwriting is on the wall.
This was a bad adventure.” (emphasis added).
-
- CITE:
KMM 256659 - 256660, Exhibit to MDL Rathjen Deposition. Dow
Corning Trial
Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#315
- 11/07/79
-
- SHELL
STRENGTH - THICKNESS
- RUPTURE
- COHESIVENESS
- LIQUID COMPONENT OF GEL
- GEL
MIGRATION
- TISSUE
REACTION
-
- Operative
report from Dr. Vinnik’s patient. Patient reported being
involved in a “very trivial accident, when she struck her
right breast against the ‘monkey bars’ while playing with
her child in a playground.” During explantation for the
ruptured prostheses, Dr. Vinnik noted that the gel ran “down
the patient’s chest, onto the operating table and onto the
floor.... This procedure is performed because of medical
necessity as a ruptured breast implant can produce serious
medical problems.... Free silicone gel, particularly when it
is non-cohesive as (sic - has) been known to migrate through
the local area, and produces severe granulomatous response.”
(emphasis added).
-
- CITE:
KMM 423161. NOTE: See KMM 423155 - 423156. Dow Corning Trial
Exhibit List
Abstracts
-
- --------------------
-
- Document
#316
- 11/08/79
-
- SHELL
STRENGTH - THICKNESS
- RUPTURE
-
- Dr.
Vinnik’s cover letter to G. Jakubczak, Dow Corning, sending
him the 11/07/79 operative report about a broken implant. He
states, “The implant ... was definitely defective and
decidedly not up to the proper standards.... I am very
distressed about this apparent breakdown in quality control,
as I have removed many broken Dow Corning products....(Dow
Corning) should have a recall ... of some sort to the
physician.”
-
- CITE:
KMM 423153 - 423154. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#317
- 11/13/79
-
- KNOWLEDGE
OF LIQUID SILICONE DANGERS
- MISCELLANEOUS
- COMPLICATIONS
- TISSUE
REACTIONS
-
- Letter
to Dr. Goldwyn from Dr. Murray, with a copy to Rathjen,
regarding patient who received 4 silicone injections, 4 years
earlier, who was having pain and lesions in her face near and
adjacent to sites of injection; microscopic report revealed
epidermal inclusion cyst without any evidence of silicone
fluid. Murray will follow “with great interest because one
wonders if some of the long term results with liquid silicone
may be undesirable.”
-
- CITE:
DCC 106003480 - 106003481, Exhibit to MDL Rathjen Deposition
Dow Corning
Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#318
- 00/00/80
-
- ACKNOWLEDGEMENT
OF NEED FOR TESTING
- TESTING
-
- Hunter
handwritten notes regarding 2, 6-cis project new ventures
milestones for 1980. He notes that Dow Corning used Dow
Chemical’s laboratory and its subsidiary, Lepetit, to
conduct testing on 2,-cis.
- CITE:
DCC 281031798. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#319
- 01/22/80
-
- KNOWLEDGE
OF SYSTEMIC DISEASE
-
- Joseph
Connelly, M.D., writes to Dow Corning Wright about a patient
whose Silastic implant ruptured when she was involved in car
accident. The implants were removed shortly thereafter because
the patient experienced draining fluid from the implant
through the skin. The patient’s family doctor performed
tests “which he says are suggestive of chronic lupus
erythematosus.” He wants to know if Dow Corning has any
information whether the silicone implants can cause lupus.
(emphasis added).
-
- CITE:
CM 1133 -1134. He writes a second letter on 04/01/80 because
Dow Corning
did not respond to the first letter. For Dow Corning’s
response, see 04/23/l80
entry. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#320
- 03/14/80
-
- KNOWLEDGE
OF GEL BLEED
-
- Milt
Hinsch, Dow Corning, memo to Bartolo, Gant, Peters, Jakubczak,
Haas, and Smith stating that, “We are now saying (seeing)
extremely greasy lots of Gel Saline Mammary implants. The H.P.
envelope accentuates gel bleed.” (emphasis in original).
-
- CITE:
KMM 518831. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#321
- 04/14/80
-
- RUPTURE
- SHELL
STRENGTH - THICKNESS
-
- Memo
from W. Lynch and W. Stich to the Medical Engineering
Corporation Field Force. They discuss Dow Corning’s new
shell material for their inflatable implant and claim that
this new shell has twice the tear resistance of their former
material. “Regrettably one of the characteristics of
silicone rubber is that it has a very low tear strength. Even
if Dow Corning has made a shell with twice the tear strength
of what they presently have, the new value will still be low
compared to other materials, such as Saran Wrap.” (emphasis
added)
-
- CITE:
MEA 22 - 25. DUPLICATE: MEC 7835 - 7838: MEC 9278 - 9180, Dow
Corning
Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#322
- 04/23/80
-
- KNOWLEDGE
OF SYSTEMIC DISEASE
-
- Dow
Corning responds to Joseph Connelly, M.D., concerning his
inquiry about a
patient who developed lupus erythematosus following a rupture
of a Silastic
mammary implant. William Boley, senior Group Leader for the
Health Care Group
Research, responds:
“Dow Corning has performed extensive safety testing, in
animals, on the silicone materials from which SILASTIC breast
implants are made. I have also reviewed our product complaint
files. Your inquiry appears to be the first Dow Corning has
received asking whether a silicone breast implant could be a
causative agent for chronic lupus erythematosus.
-
- The
data Dow Corning has suggest that it would be highly
improbable that your patient’s symptom of chronic lupus
erythematosus could be attributed to the silicone breast
implants.”
-
- CITE:
CM 1135. NOTE: See 01/22/80 entry. Dow Corning Trial Exhibit
List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#323
- 04/29/80
-
- KNOWLEDGE
OF GEL BLEED
- MISCELLANEOUS
- RECKLESS/CONSCIOUS DISREGARD
-
- B.
Schnabel, a Dow Corning salesman, writes Milt Hensch regarding
a complaint from a customer, F. Grazier, M.D. The doctor is
complaining about excessive gel bleed and a “greasy” feel
to the envelopes. “The lot number involved is H129700.
It has been brought to my attention that this
particular lot was put on the market with prior knowledge of
the bleed problem.” Schnabel continues, “As you know he
(Dr. Grazer) had a bad experience with our varifils and with
our gel salines he has yet another bad experience and we wind
up with egg on our face. To put a questionable lot of mammaries on the market is
inexcusable. I don’t know who is responsible for this
decision, but it has to rank right up there with the Pinto gas
tank.” (emphasis added).
-
- CITE:
F 629 - 630. DUPLICATE: M 250021; M 570058; F 628; KMM 232092
-232093; M
250022 - 250023; M 570059. Dow Corning Trial Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
# 324
- 05/07/80
-
- KNOWLEDGE
OF GEL BLEED
-
- Yolanda
Sue Peters and R. Gant, Dow Corning, author an internal Lab
Report For Silastic II Mammary Implant Bleed Study. Gel bleed
is “a property common to all gel-filled prostheses” which
is attributable to the semi-permeable nature of silicones and
the similarity in the composition of the gel and the envelope.
Test results show that the fluorosilicone coating of
the mammary envelope reduces the bleed by approximately
90%.”
-
- CITE:
KMM 136950 - 136958. DUPLICATE: D 2926 - 2935; KMM 151111
-151120; T 8417
·
8425. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#325
- 05/29/80
-
- ACKNOWLEDGEMENT
OF NEED FOR TESTING
- TESTING
- TISSUE
REACTION
-
- Report
by Dow Corning Toxicology Department, authored by Ronald
Annelin, entitled, “Trace Analysis of Organosilicon In Human
Urine And Milk By The ASFT Technique.” The report concerns
the use of the Aqueous Silanol Functionality Test to determine
the organosilicon level in human urine following the
incidental inhalation of Dow Corning 344 Fluid Vapors. Also
included is a single analysis of human breast milk. All of
these samples contained detectable amounts of monomethyl and
dimethyl silicon species. Nearly twenty percent of the
estimated intake of Dow Corning 344 fluid was excreted in the
urine in the eight hours following exposure. The presence of
monomethyl silicon in the urine suggests that cyclic dimethyl
species undergo demethylation during human metabolism.
-
- CITE:
DCC 284020681 - 284020686, Exhibit l to Frye Deposition,
Exhibit 1 to Petraitis Deposition, Exhibit to Isquith
Deposition, and Exhibit 3 to MDL Rathjen Deposition. Dow
Corning Trial Exhibit List Abstracts.
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
-
- Document
#326
- 07/01/80
-
- DOCUMENT
DESTRUCTION
-
- M.
Gill memo to J.C. Smith, Dow Corning, regarding returned
materials - complaints file. Gill reports that complaints had
been taken to the Bio Lab for investigation. “It was noticed
that all boxes had been removed from the Bio Lab and
destroyed. It was discovered that the janitors had removed all
these boxes and destroyed them.... These complaints ... will
not be investigated.”
-
- CITE:
CR 5489 - 5490. DUPLICATE: KKM 25426 - 25427. Dow Corning
Trial Exhibit
List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#327
- 07/16/80
-
- TISSUE
REACTION
- KNOWLEDGE
OF SYSTEMIC DESEASE
-
- “R.
LeVier, Dow Corning, memo to W. Boley and L. Veresh, regarding
immediate adverse reactions to mammary gel implants from two
patients of Dr. Charles Stone. Both patients experienced rapid
evolution of wound edema with inflammation and tissue
breakdown 3-6 weeks after implantation. LeVier recalls 8
patients who experienced allergic reaction to silicone fluid.
“It may be that there is a small population capable of a
vigorous immune rejection response to silicone fluid/elastomer;
could be a complement mediated response.” (emphasis added)
-
- CITE:
M 240072. DUPLICATE: KMM 197618. Dow Corning Trial Exhibit
List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#328
- 07/22/80
-
- COHESIVENESS
- LIQUID COMPONENT OF GEL
- RUPTURE
- ACKNOWLEDGEMENT
OF NEED FOR TESTING
-
- Dr.
Vinnik writes to Jakubczak, Dow Corning, regarding a
“defective Dow Corning prosthesis.” The patient reported a
sudden onset of pain, changing consistency of the implant, and
changing configuration of the left breast. Vinnik states:
“At
surgery, you will note the Operative Report findings of an
apparently defective gel in terms of both consistency,
cohesiveness, and possibly color.... What we need to have
accomplished is a thorough evaluation as to why this implant
had a late failure. Was the problem inherent in the bag?
Were there variabilities of thickness of shell, less
than those of design tolerances? Why is this gel not cohesive
as it should be? This is the second implant that we have
removed which has been non-cohesive, and has shown spontaneous
rupture for no apparent reason.... We need to consider whether
or not a recall of all patients bearing this Lot number should
be made. I think it may be wise to at least alert physicians
that there may be a problem with this particular lot
number.”
-
- CITE:
KKH 53276 - 53277. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#329
- 07/31/80
-
- MISCELLANEOUS
- COMPLICATIONS
- TISSUE
REACTION
-
- Letter
to Dr. Goldwyn from Dr. Woolf, cc to Rathjen, regarding
patient in the silicone study who “was doing very well until
March of this year, when suddenly the face flared up again on
both sides. ... The temperature in the area she was visiting
in Mexico was about 110 degrees, and her face completely
flared up again. ... When she returned again, she had a
definite abscess in the left cheek, just beneath the anterior
border of the zygomatic arch ... The abscessed area has
resolved, but she still has diffuse swelling in both cheeks,
with some overlying discoloration.”
-
- CITE:
DCC 106006691 - 106006692, Exhibit to MDL Rathjen Deposition.
Dow Corning
Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#330
- 11/19/80
-
- KNOWLEDGE
OF GEL BLEED
-
- Handwritten
note from J. Reitsma to M. Hinsch, both of Dow Corning Wright,
regarding problems with the gel-saline implants. He states,
“Milt, I feel we have a potential problem with the quality
of our gel-saline mammary prosthesis, that is gel bleed in
excessive amounts going through the outer membrane in such
volume as to cause a greasy look and feel to the using
surgeon.” Several physicians have refused to use the product
stating that they have no confidence in it - “it’s to
(sic) damn greasy.” Reitsma informs Hinsch that the
gel-saline product “has me feeling uneasy about its quality
and even safety. I can not in good faith introduce this
product to a competitive or new account.”
-
- CITE:
KMM 232094 - 232095. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#331
- 12/10/80
-
- KNOWLEDGE
OF SYSTEMIC DISEASE
- MISCELLANEOUS
- COMPLICATIONS
- TESTING
- TISSUE
REACTION
-
- “Metabolism
of Octamethylcyclotetrasioxane in the Monkey, Report No.
5265,” by Spielvogel and Robinson. A copy was sent to Boley,
Hobbs, C. Lentz, LeVier, Stark, Frye, Ryan, Speier, Bey and
others. D4 was administered orally to two monkeys and the
excretions (urine and feces) were collected and examined. Gas
chromatography-mass spectrometry revealed the presence of
three metabolites: dimethylsilanediol,
tetramethy1-1,3-disiloxane diol and hexamethyl-1c5-trisiloxane
diol. The authors reasoned that D4 might undergo metabolic
transformation to either an alkyl hydroxylated and/or
conjugated species or silanol functional species that would
likely be soluble in moderately polar solvents.” (KP 30523).
-
- D4
appears to be well absorbed from the gastro-intestinal tract
and broadly distributed throughout the body. The primary route
of excretion is urine. “The bio-transformation of D4 is
similar to that 2,6-cis and
2,6-trans-diphenylhexamethyltetrasiloxane and
diphenysilanediol. All of the compounds appear to be readily
hydroxylated and as a result are converted from highly
lipophilic compounds to highly polar, easily excretable
metabolites.” (KP 30626). Also, “The metabolic fate of D4
closely parallels the metabolic fate of 2, 6-cis and 2, 6 -
transdiphenylhexamethylcyclotetrasiloxane. All of the cyclic
siloxane compounds examined to date are metabolized to a
series of low molecular weight polar compounds that are
predominantly excreted via the kidneys.” CITE: T 8796 -
8813, Exhibit to Harris County Ruhr Deposition, Exhibit to
Bennett Deposition, Exhibit to Isquith Deposition, Exhibit to
LeVier Deposition, Exhibit 4 to Stark Deposition, Exhibit to
Compton Deposition, Exhibit to Ryan Deposition, Exhibit to
Isquith Deposition, and Exhibit 31 to Zimmer Deposition.
-
- DUPLICATE:
KKM 22739 - 227560 Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#332
- 02/09/81
-
- KNOWLEDGE
OF SYSTEMIC DISEASE
- GEL
MIGRATION
-
- Boley,
Dow Corning, memo to Frisch, LeVier, Spielvogel, Cooper, Rylee,
and Wessel regarding “Baboon Study To Evaluate the Fate of
Silicone Wear Particles.”
- Boley
notes that:
“Silicone
particles have been found in the axillary lymph nodes of
patients with Silastic finger joints. These particles have
been detected as a consequence of biopsy of nodes that have
become painful and enlarged.... Of concern to the surgeon is
whether these particles will continue to migrate beyond the
regional nodes into the thoracic or abdominal cavities. Since
concerns about malignancies requires that any chronic swelling
of lymph nodes be biopsied or excised, wear particles could
create the need for a surgeon to breach the body cavities.
-
- CITE:
KMM 328166 - 328167. DUPLICATE: KMM319434 - 319435. Dow
Corning Trial
Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#333
- 03/05/81
-
- KNOWLEDGE
OF LIQUID SILICONE DANGERS
- TESTING
-
- Yolanda
Sue Peters, Dow Corning, letter to Dr. Frank Gerow requesting
his information and data that supports the use of gel for
implantation. All the data Peters has contraindicates its use
in this manner. She understands that Dr.
Gerow has both animal studies and clinical information
on the implantation of gel for augmentation of soft tissues
areas such as the face and breast.
-
- CITE:
M 320037. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#334
- 04/16/81
-
- KNOWLEDGE
OF SYSTEMIC DISEASE
- TESTING
-
- Gerry
Schoenig, Toxicology Consultant for Dow Corning, reviews the
data from the Two-Year Implant Study of Q7-2159A and MDF-0193
Gels at Industrial Bio-Test Laboratories (IBT). He finds
“fibrosarcoma around implant and malignant lymphoma in rat
colony said we had a problem with cancer.”
-
- CITE:
KMM 390371 Dow Corning Trial Exhibit List Exhibit Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#335
- 04/29/81
-
- ACKNOWLEDGEMENT
OF NEED FOR TESTING
- GEL
MIGRATION
- KNOWLEDGE
OF GEL BLEED
-
- Peters,
Dow Corning, memo to Jacubczak, Marlar, Rylee and Wessel
reporting that Dr. Gerow has requested an injectable gel for
soft tissue augmentation (face and breast). There is very
little published data on the fate of implanted gel. Some
authors feel that the gel which bleeds from the envelope
contributes to capsular contracture. Dow Corning data
indicates that the gel is subdivided by vascularized
connective tissue, which could result in the site of the
implantation becoming very firm (breast) and/or transport of
gel away from the site. No data was received from Dr. Gerow.
Seventeen of twenty doctors who were asked for their opinions
said they were not in favor of the concept. The
commercialization of such a gel would require long term animal
studies, careful definition of the material, an IND and a
campaign to overcome the bad press and emotions associated
with the disastrous results reported from silicone fluid
injection. (emphasis added).
-
- CITE:
KMM 140223 - 140228, Exhibit to Blocksma Deposition, Exhibit
to Peters
Deposition, and Exhibit to MDL Rathjen Deposition. Dow Corning
Trial Exhibit
List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#336
- 05/19/81
-
- ACKNOWLEDGEMENT
OF NEED FOR TESTING
- DOCUMENT
DESTRUCTION
-
- Bill
Boley memo to Sue Peters and other Dow Corning employees
regarding “Biological Safety Testing of LS Q4-2840.” Boley
has “serious reservations” about using LS Q4-2840 to
replace LS 422 as an internal coating for low bleed mammary
prostheses. Boley states, “My conservative nature requires
me to say that any material intended for long-term
implantation in the human body should have long-term animal
implant testing.” At present, “Q4-2840 as a formation
(has) no long-term implant data.” However, Dow Corning
decides to go with a 6 month study. “if in the future safety
problems should arise due to the use of Q4-2840 for this
application I am sure the decision to not do 2-year animal
testing would be questioned. Therefore, I think it is
important that this be a business decision and not a personal
decision.
In my judgment the proposed testing is adequate and ethically
appropriate.”
(emphasis added).
-
- CITE:
DCC 8200651 - 8200616. NOTE: On the copy M 170172, there is a
handwritten
note dated 06/30/81 stating, “LS 422 may be discont. 2840 is
potential repl. is
“HP” LS is (illegible) modulus closer than LS 422.”
-
- NOTE:
Attached to the
version of DCC8200615 is a one page handwritten note which
states, “No
litigation reason to keep the records in this file. It should
be brought into
Rec. Retention Policy Compliance.” This Same handwritten
notes is located at KKA
119791. DUPLICATE: D 885; M 170172; KKA 228295. Dow Corning
Trial Exhibit List
Abstract
- PENDLETON/PSC
Attorney Work Product/ Privileged & Confidential
-
- --------------------
-
- Document
# 337
- 07/22/81
-
- MISCELLANEOUS
- RECKLESS/CONSCIOUS DESREGARD RUPTURE
-
- Hinsch,
Dow Corning, memo to Jakubczak, Kelly, Burda, Jack Smith,
Marlar, and Wessel regarding a marked decline in sales of the
Varifil inflatable. “For 1980, we had approximately $10,000
in prelitigation expenses for Varifil mammary deflations.
Y-T-D through July, 1981, we have approximately $16,000 in
prelitigation expenses. With a decline in sales and an
increase in prelitigation expenses, we should review our
position with this product again.”
-
- CITE:
KMM 78011 - 78039 Dow Corning Trial Exhibit List Abstract
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#338
- 08/00/81
-
- ACKNOWLEDGEMENT
OF NEED FOR TESTING
- FRAUD/MISREPRESENTATION
- MISCELLANEOUS-ORGANIZATIONAL
SURVEY
- MISCELLANEOUS-PRODUCT
LABELING
- MISCELLANEOUS-SALES
- TESTING
-
- Dow
Corning News for July/August 1981 containing an article on
product liability. The article discusses the three theories of
product liability, describes how Dow Corning fulfills its
duty, and describes the anatomy of a lawsuit. The article also
states that Dow Corning should follow the recommendations of
Jenkins by continuing to refine its product, implement
stronger training, refine and clarify warnings, make sure
these warnings are explicit, review the marketability and
pricing of products, continue strong research efforts and
continue to study each product as it is being used to make
sure any potential hazards are made known. The article also
recommends that Sales, Marketing and TS&D avoid denying
the importance of written disclaimers as found in the product
literature, avoid making erroneous verbal representations
about a product’s performance and avoid promising to take
care of any problems in the use of the products.
-
- CITE:
DCC 282001978 - 282001997. Dow Corning Trial Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#339
- 09/16/81
-
- TISSUE
REACTION
- RUPTURE
- SHELL
STRENGTH - THICKNESS
- MISCELLANEOUS
- RECKLESS/CONSCIOUS DESREGARD
-
- C.
Burda, Dow Corning, handwritten notes regarding the Varifil
prosthesis, “Probably most vulnerable in product line
w/regards to efficacy and litigation.
Potential for class action suit. Product did not have
clinical testing. Rathjen recommended that product not be put
into market. Charged w/writing protocol but technical people
did not follow....
-
- Poor
field performance led to 78 decision to go to Failure to
Varify causes: 1. contracture,
2. infection, 3. rupture (good or imperfect products both may
fail). Varifil may have small pinhole & fluid will leak
out. Also may actually split....” (emphasis added).
-
- CITE:
KMM 78006 - 78007. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#340
- 09/16/81
-
- SHELL
STRENGTH - THICKNESS
- RUPTURE
- SHELL
DEGRADATION
-
- Dr.
Vinnik letter to Bob Rylee, President of Dow Corning Wright.
He states, “I am considerably worried about the failure rate
of gel implants, and this correlates with the research that
has been done by Mr. Garth W. Hastings of England on the
matter of shell fatigue.” Dr. Vinnik reports a second
patient experienced shell fatigue also.
-
- CITE:
KMM 427907. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#341
- 09/16/81
-
- TISSUE
REACTION
- RUPTURE
- KNOWLEDGE
OF SYSTEMIC DISEASE
-
- Dr.
Vinnik’s operative report to Dow Corning notes a patient who
experienced a rupture and found an “irregular nodular
mass” in her right breast which “became increasingly
fibrotic and dense, raising some concern about malignancy. At
surgery, the right breast was found to be totally disrupted
with the implant shell incorporated within the gel mass.
-
- Contiguous
with the gel mass and separately isolated by capsule, was a
roughly 4x6 cm irregular nodular mass which upon excision was
an obvious siliconoma.” The attached pathology report notes
that, “The process ranges from a fibrous rather acellular
one through concentrations of lymphocytes and plasma cells to
small foreign body type giant cells tending to form granulomas.
One section demonstrates an acute necrotizing inflammatory
cell reaction.”
-
- CITE:
F 687 - 689 Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#342
- 09/23/81
-
- KNOWLEDGE
OF LIQUID SILICONE DANGERS
- SHELL
STRENGTH - THICKNESS
- TISSUE
REACTION
- RUPTURE
-
- Dr.
Vinnik writes a second letter to Bob Rylee, President of Dow
Corning Wright, regarding a failed silicone gel implant. He
writes, “(T)here is suspicion in my mind that we are dealing
once again, with a shell failure. You will see from the
enclosed Pathology Report that this patient had considerable
silicone reaction to the extruded material. Review of the
sections by the same pathologist who has reviewed all of the
silicone injection material with me over the past twelve years
shows this reaction to be as marked a reaction as we ever saw
with the silicone injections. I believe this proves the point
that ‘pure silicone’ can cause severe foreign body
reactions in susceptible individuals.” (emphasis added).
-
- CITE:
F 685 - 686. DUPLICATE: M 780645 - 780646. Dow Corning Trial
Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#343
- 11/16/81
-
- SILICA
-
- Gene
Jakubczak, Dow Corning, informs Sue Peters of a telephone
conversation with Dr. Charles Vinnik on 10/10/81. Dr. Vinnik
believes that the work performed by Garth Hastings and Paul
Wulfusander (sic: Wilflingseder) (his European partners),
concerning phagocytoses or silicone shedding from the breast
prosthesis, is a factor in the failure of an implant. Also,
Dr. Vinnik thought the LS bleed resistant mammary implant was
“worse than what was brought out previously.” Jakubczak
informs Dr. Vinnik, “that we would review the data ...
plus Dow Corning’s own internal data to determine...
the fate of silica shedding from the breast prosthesis.”
Jakubczak says Dow Corning is also looking at data on the
permeation of drugs out of silicone.
-
- CITE:
F 728. DUPLICATE; KMM 447167; DCC 242031444. Dow Corning Trial
Exhibit
List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#344
- 11/30/81
-
- SHELL
STRENGTH - THICKNESS
-
- Sue
Peters, Dow Corning, memo to Milt Hinsch discussing the shelf
life of the Silastic and Silastic II implants after (1) year.
“After one year shelf life, the Silastic standard mammary
has a 78.6% decrease in tear resistance, a 31.6% decrease in
tensile strength, and a 23.3% decrease in elongation.”
“The Silastic I and Silastic II No Barrier also have
significant decreases in tear resistance, tensile strength and
elongation after a one year shelf life.” (emphasis added).
-
- CITE:
M 160031 - 160036. DUPLICATE: M 180106 - 180107; M 570068 -
570073; D 247
·
248; F690 - 691; KKA 227400 - 227401; M 180136 -
180137). NOTE: Breast implants lose 50% of their strength when
left on the shelf for 1 year but plastic surgeons were never
informed. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#345
- 12/10/81
-
- MISCELLANEOUS
- COMPLICATIONS
- TESTING
- TISSUE
REACTIONS
-
- Monthly
activity summary for a 14-day subchronic oral gavage study
with octamethylcyclotetrasiloxane (D4) in rats absolute and
relative liver weight data. Lists organ weight data for
females foe each animal number and to dosage levels.
-
- CITE:
P 15115. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#346
- 12/22/81
-
- TESTING
- TISSUE
REACTION
-
- Hughes
Research and Development sends a letter to W. Boley, Dow
Corning, regarding the proportion of rats with malignant
lymphoma in groups treated with TX-1210 and TX-1211 fluid. It
states “We feel that there is a treatment related increase
in the incidence of malignant lymphoma in male and female rats
treated with TX-1210 and TX-1211....”
-
- CITE:
KMM 33826 - 33827. DUPLICATE: KMM 330368 - 339374. NOTE: KMM
339368
includes KMM
339369 - 339374 which is a revision of the histopathology
report to
evaluate the carcinogenic potential of TX-1208, TX-1209,
TX-1210 and TX-1211
(Dow Corning B-7811 implant study in albino rats). Dow Corning
Trial Exhibit
List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#347
- 01/12/82
-
- SHELL
STRENGTH - THICKNESS
- RUPTURE
- CLOSED CAPSULOTOMY
-
- Sue
Peters, Dow Corning, memo to Milt Hinsch regarding closed
capsulotomies and the Silastic II mammary prosthesis.
“Please make it very plain to your sales people that it is
incorrect to promote or to imply any benefit of this mammary
because of increased strength allowing a closed capsulotomy to
be performed. We have no data to support that type of claim or
implication.”
-
- CITE:
D 4897. NOTE: Dow Corning did not warn of the risks of closed
capsulotomy
with the Silastic II until 1986. Dow Corning Trial Exhibit
List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#348
- 02/04/82
-
- CONCEALING
FROM FDA
- FRAUD/MISREPRESENTATION
-
- Handwritten
notes concerning the history of the Dow Corning Varifil
implant. (Handwriting
appears to be Chick Burda’s). He notes that in 1977,
Petraitis warned Bey and Jakubczak that the “boob tester was
indicating failure and Petraitis wanted to spill the story but
was not listened too (sic). Petraitis quit.” The author also
noted that Rathjen was told that it was a business decision
and to “fall back.” (emphasis added).
-
- CITE:
KMM 261745 - 261746. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#349
- 03/30/82
-
- SHELL
STRENGTH - THICKNESS
- SHELL
DEGRADATION
-
- Dr.
Bernard Morgan writes to Dow Corning Wright regarding implants
which “showed heavy leaching and were almost
disintegrated.... I would like to know if there is a change in
the envelope which produces spontaneous disintegration and/or
whether this leaching is a phenomenon which has been reported
to you previously.”
-
- CITE:
KMM 23084 Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- --------------------
-
- Document
#350
- 04/08/82
-
- CONCEALING
FROM FDA
-
- 515(B):
Betty Lock Wiles, Manager of Regulatory Affairs, Medical
Engineering, sends their outline on proposed reclassification
to HIMA. (MCG 004946 - 004951).
Harvey Steinberg, Senior FDA Legal Counsel to Dow
Corning, also sends their outline and comments to HIMA.
-
- CITE:
MCG 4953 - 4956 Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
-
TO
DOCUMENTS: 351 - 400
-
|