-
- Document
#351
- 04/22/82
-
- KNOWLEDGE
OF LIQUID SILICONE DANGERS
- TISSUE
REACTION
- RUPTURE
- GEL
MIGRATION
- MISCELLANEOUS
- PRODUCT LABELLING
-
- Dr.
Vinnik sends a letter regarding his meeting with G.
Jakubczak, Bob Rylee and Tom Brown, Dow Corning, in which he
details many breast implant problems and his proposed
solutions. He recommends changing the patient and physician
pamphlets to include warnings on shell fatigue, rupture, and
gel migration. He provided Jakubczak with the pathology
reports of a patient who showed such “...extensive and
violent silicone reactions comparable to the worst of those
seen with the old silicone injections.”
-
- CITE:
KMM 140193 - 140197. duplicate: KMM 243027 - 243031;
KMM354986- 354990.
Dow Corning
Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
- Document
#352
- 05/10/82
-
- ACKNOWLEDGEMENT
OF NEED FOR TESTING
- KNOWLEDGE
OF SYSTEMIC DISEASE
-
- J.
Cooper, Dow Corning, memo stating that the Two-Year Implant
Study of Q7-2167 and Q7-2168 was flawed and useless. Cooper
states that, “Prior to completion of the study and
interpretation of the results IBT (Industrial Bio-Test
Laboratories) was cited by the FDA for poor
clinical/laboratory practices including loss of records and
falsification of data. The corporation was subsequently
dissolved.” In addition, “the data were considered
highly suspect because of abnormally high disease rates
among all of the test animal groups—including the saline
injected and untouched groups.... We have since had opinions
from several external pathologists and veterinarians that
the colony was disease ridden and the entire exercise was
badly flawed and useless. We have concluded this study has
resulted in no usable information and that no conclusions
can be drawn from it. We are now back at the same point we
were at in 1975 except that we have expended $200M in the
study and its subsequent evaluation/condemnation.”
(emphasis added).
-
- CITE:
F 814 - 815. DUPLICATE: m 170070 - 170071: M 430209 -
430210; KMM 361951 -
361952; KMM 339375 - 339378. NOTE: Dow Corning has no
long-term studies and,
even though they admit that “we still need the two year
study...,” Dow Corning
does not begin another such study until 1988. Dow Corning
Trial Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
- Document
#353
- 05/14/82
-
- TISSUE
REACTION
- KNOWLEDGE
OF SYSTEMIC DISEASE
-
- Dr.
Robert Parsons, Professor of Surgery at the University of
Chicago, writes a letter to Gene Jakubczak at Dow Corning
informing them of their research on implanted silicone
prostheses. “our data suggest strongly that the fibrosis
and capsular contracture seen clinically maybe (sic) an
immunologically mediated phenomenon.” (emphasis added).
Dr. Parsons states that macrophages aggregate and adhere to
the surface and actively erode the silicone envelope after
implantation: macrophages ingest and process silicone;
macrophag-lymphocyte communication occurs by intracellular
bridging in the lymph nodes and have identified silicone
containing microvacuoles in both the macrophages and
lymphocyte ends of the bridges; and significant inhibition
of macrophage migration by silicone sensitized lymphocytes
in vitro has been shown. Dr.
Parsons, Dr. Heggers and their research assistant,
Nir Kossovsky, suggest that their work may enable them to
develop a method of screening patients for
“hypersensitivity to silicone” before they are
implanted. The
research team found that the body’s reaction to silicone
created giant cells called macrophages that erode the
silicone envelope and can migrate to the lymph nodes. Dr.
Parsons believes that the body’s immune reaction could be
causing such problems as capsular contracture. Requests for
finding from Dow Corning for further research to better
understand this immune response were denied by the company.
-
- CITE:
F 748 - 749. DUPLICATE: FDA 19612 - 19613: KMM 447084 -
447085; Staff
Report prepared by the Human Resources and Intergovernmental
Subcommittee of the
Committee on Government Operations, December, 1992, p. 15.
Dow Corning Trial
Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
- Document
#354
- 05/17/82
-
- FRAUD/MISREPRESENTATION
- CONCEALING
FROM FDA
-
- Dow
Corning submits its portion of the industry-coordinated
response to the proposed reclassification to HIMA. Dow
Corning’s portion consists of a discussion of the
long-term effect of silicone breast implants.
-
- CITE:
MCG 5454 -5462. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
- Document
#355
- 10/19/82
-
- TISSUE
REACTION
- KNOWLEDGE
OF SYSTEMIC DISEASE
-
- Eldon
Frisch, Dow Corning, responds to Richard Swett, M.D.,
concerning an allergy-type reaction to Silastic brand
implants made from medical grade silicone. Frisch states:
“Clinically, the implants have been used in several
million patients with very few reports of suspected
inflammatory or allergic reactions. In the past, with one
recent exception, when the reactions were evaluated by patch
testing, by subdermal implantation of a small specimen, or
by cell culture studies of the implant the reactions have
universally been negative.”
- Frisch
notes another report of a potential allergic reaction to
silicone reported by George Francis, M.D. (emphasis added).
-
- CITE:
M 480031 - 480032. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
- Document
#356
- 05/20/82
-
- CONCEALING
FROM FDA
-
- 515(B):
Two meetings take place in Washington D.C.: one in the
morning for manufacturers and HIMA, and afternoon meeting
for manufacturers, ASPRS and HIMA, and afternoon meeting for
manufacturers, ASPRSS and HIMA. 3M, Dow Corning, Medical
Engineering Corporation, ASPRS, HIMA, and the AMA attend the
meetings. Harvey
Steinberg, Dow Corning’s FDA Counsel, Tells group that
reclassification is important to Dow because from the
industry standpoint “$$ have to be diverted, generated for
PMA. (This) effects how co.’s practice - sites, plant
improvements ..., effects how management allocates
resources. Very significant cost factors enter in.” (MCG
5427 - 5431). He also states that “Risks 40 yrs. down the road cannot be determined.” Betty Lock Wiles,
Surgitek, writes a memo to Surgitek personnel about the May
20 meeting and states that the manufacturers “reviewed the
cost, time, and liability affect of Class III.”
-
- CITE:
MCG 5427 - 5431. DUPLICATE: MED 11222.
-
- -----------------------
-
- Document
#357
- 06/03/82
-
- MISCELLANEOUS
- LOBBYING
- TESTING
-
- Letter
to Goldwyn from Rathjen regarding the unacceptable situation
with the clinical investigators, “I am missing annual
follow-up reports (see protocol), photographs, injection
reports, etc. With a very few investigators, the lack of
attention to the protocol is absolutely unacceptable. ...
The FDA doesn’t want to hear excuses why investigators’
records are incomplete or why there is an apparent lack of
control or attention to detail. ... This impression
concerning the conduct and results could conceivably carry
over into other device areas, i.e., the breast prosthesis
reclassification.” Strongly worded letter.
-
- CITE:
DCC 106006096 - 106006099, Exhibit to MDL Rathjen
Deposition. Dow
Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
- Document
#358
- 06/11/82
-
- GEL
MIGRATION
-
- Burda,
Dow Corning, reports on Complaint Report WM2570 in which the
left implant ruptured and “silicone gel migrated down the
patient’s arm.”
-
- CITE:
CO 1417 - 1429. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
- Document
#359
- 06/30/82
-
- CONCEALING
FROM FDA
-
- FDA:
Dow corning submits its response to the FDA concerning the
proposed reclassification of silicone breast implants.
-
- CITE:
KMM 275488 - 275512. Dow Corning Trial Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
- Document
#360
- 07/13/82
-
- KNOWLEDGE
OF GEL BLEED
-
- Duel,
Dow Corning, memo to Jakubczak regarding comments, questions
and recommendations on the letter from Dr. Schmidt. Among
Duel’s comments are shells are very oily, we lubricate the
valves with silicone, H.P. shells have visually more bleed,
all gel-saline units bleed, and our distributors are well
educated but poorly informed.
-
- CITE:
M 250033 - 250034. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
- Document
#361
- 08/11/82
-
- ACKNOWLEDGEMENT
OF NEED FOR TESTING
-
- Gene
Jakubczak, Dow Corning, memo to Jim Wessel and Jerry Marlar
on the two year rat implant studies using mammary prosthesis
silicone gels. He supports the acquisition of implant data
on Q7-2167 and Q7-2168 gels. Further, he “recommend(s)
that systemic fate of the material or extract should be
stud(ied) as well as the metabolic fate.... The study should
be expanded to make sure that we know what happens to gel
bleed or gel and what is its metabolic fate.” (emphasis
added).
-
- CITE:
M 250033 - 250034. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
- Document
#362
- 09/01/82
-
- SHELL
STRENGTH - THICKNESS
-
- Tom
Brown, Dow Corning, memo to Milt Hinsch about the staggering
reject rate with the larger size Silastic II mammaries. Dow
Corning changes from a 3.2 cm patch to a 4.5 cm patch to
“compensate for the inherently less responsive and elastic
character of the Flourosilicone-coated envelope.
-
- CITE:
d 2226. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
- Document
#363
- 09/13/82
-
- COHESIVENESS
- LIQUID COMPONENT OF GEL
-
- McMahon
and Sweet, Dow Corning, memo to Cooper and Metevia regarding
“Progress Report On The Mammary Gel Cohesion Project.”
Sample implants were taken from the plant and a gel cohesion
test was performed. “The data generated showed that 23%
failed the gel cohesion test.” They observe that
“inconsistency within a lot could mean mechanical
breakdown of gel or a shift of the cross-link network.”
Also, they state, “First of all, we found that the
catalyzed gel was approximately 75% non-reactive
fluid....” Using gel with the additional factors enter in
“although the extent of importance is not understood. The
mammary envelope is an addition cured elastomer and ... any
unsaturated vinyl groups at the envelope/gel interface can
react with active hydrogen from the gel cross-linker. If
this occurs then part of the cross-linking network is
disturbed.”
-
- CITE:
KKA 245424 - 245426 Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged and Confidential
-
- -----------------------
-
- Document
#364
- 09/23/82
-
- KNOWLEDGE
OF LIQUID SILICONE DANGERS
- TISSUE
REACTION
- RUPTURE
-
- Dr.
Charles Vinnik letter to Robert Rylee, Dow Corning,
regarding a patient who experienced severe reaction to the
gel in a ruptured Silastic implant. Dr.
Vinnik states, “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:
M 780645 - 780649. NOTE: See 12/06/83 entry. M 780641 -
780644, for the
second letter written to Rylee regarding this same patient.
Dow Corning Trial
Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
- Document
#365
- 11/05/82
-
- FRAUD/MISREPRESENTATION
-
- L.
Smith, Dow Corning, memo regarding implementation of a
complaint system “Direct Response” program. She states
that the reviewer should “not say anything on the form
that you do not want the complainant to know.” There will
be a separate form to write on which will not be provided to
the complainant.
-
- CITE:
KKA 236497. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
- Document
#366
- 12/17/82
-
- TESTING
-
- Letter
to Dr. Goldwyn from Rathjen regarding receipt of clinical
data, “the quality of documentation is self explanatory.
Absolutely unacceptable! I suspect the validity! ... There
is no room for friendships here. He has embarrassed you and
me, he has disregarded the Protocol, ignored the reputation
of his colleagues and the A.S.P.R.S.”
-
- CITE:
DCC 106003897, Exhibit to MDL Rathjen Deposition. Dow
Corning Trial
Exhibit
List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
- Document
#367
- 00/00/83
-
- SILICA
- Researcher
N. Kossovsky studies the surface morphology of explanted
mammary prostheses and reports that the surface was covered
with embedded spheres and surrounded by pits. Kossovsky
suggests these surface anomalies may be the result of the
“grazing” of silica filler particles from the envelope
of the prosthesis by phagocytic cells.
-
- CITE:
M 790186 - 790193. Dow Corning trial Exhibit List Abstracts
- PENDLETOM/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
- Document
#368
- 01/26/83
-
- TISSUE
REACTION
- KNOWLEDGE
OF SYSTEMIC DISEASE
- GEL
MIGRATION
- RUPTURE
- TESTING
- CONCEALING
FROM FDA
-
- Dr.
Nirmal Mishra, staff toxicologist at the FDA, presents the
FDA’s reasons for this recommendation which include: gel
migration, granulomatous foreign body reaction, loading of
the reticuloendothelium system, unknown subsequent
disposition in the body with little epidemiologic or
experimental data on effects.
- CITE:
KMM 120705 - 120729, Exhibit 3 to Harris County Rathjen
Deposition.
DUPLICATE; M 100083 - 100143. Dow Corning Trial Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
-
- Document
#369
- 02/02/83
-
- KNOWLEDGE
OF LIQUID SILICONE DANGERS
- KNOWLEDGE
OF SYSTEMIC DISEASE
-
- Stark,
Dow Corning, memo to Marlar, Rathjen, Steinberg, Jakubczak,
Weyenberg, Lentz and Hobbs reporting that “the number and
type of abnormalities noted with the 360 fluid studies in
rabbits, i.e., classic cyclops condition of the eyes,
clubbing of extremities, ankles bent in the wrong direction,
were all indications of potential birth defects related to
silicones: and the “this issue is of paramount importance.
It has relevancy to the safety of all silicone applications
and must be resolved ASAP.: (emphasis added).
-
- CITE:
DCC 17042386 - 17042387, Exhibit to California Lentz
Deposition, Exhibit
93 to Bennett Deposition, and Exhibit to MDL Rathjen
Deposition. DUPLICATE: KKA
22785 - 22786. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#370
- 02/03/83
-
- KNOWLEDGE
OF GEL BLEED
- MISCELLANEOUS
- PRODUCT LABELING
-
- G.
Jakubczak, Dow Corning, memo to Milt Hinsch regarding
revisions to the package insert for the Silastic implant.
Jakubczak suggests routing all comments on inserts to Jim
Matherly, Chick Burda, Harvey Steinberg and Marcia Marsh
since this is a “very high potential liability product.”
Jakubczak suggest adding language on silicone bleed -
“Silicone bleed from a gel filled mammary has been
identified in surrounding tissue.”
-
- CITE:
KMM 301297 - 301301. NOTE: Need to cross check the final
package insert to
see if Jakubczak’s suggestions were incorporated. Dow
Corning Trial Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#371
- 02/17/83
-
- TESTING
-
- Hobbs,
Dow Corning, memo to Lentz stating that data produced 15
years ago would likely produce adverse publicity because the
data does produce doubt, the laboratories producing the data
can easily be criticized relative to their performance
standards and the studies involved would likely not
withstand validation. (emphasis added)
-
- CITE:
DCC 204005659 - 204005660. Dow Corning Trial Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#372
- 04/01/83
-
- KNOWLEDGE
OF SYSTEMIC DISEASE
- MISCELLANEOUS
- COMPLICATIONS
-
- Gregory
patient no. 29 follow-up. The patient developed rheumatoid
arthritis in the back and shoulders and has an over active
thyroid.
-
- CITE:
B 1453 - 1454, Exhibit 14 to Harris County Rathjen
Deposition, Exhibit to
MKL Rathjen Deposition. Dow Corning Trial Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#373
- 04/05/83
-
- DOCUMENT
DESTRUCTION
-
- C.
Burda, Dow Corning, memo to J. Matherly regarding the
“severe status of record keeping by TSS&D” on
Slapstic II Lot History Records. Burda states, “Tim Pinto
and I encountered a serious problem of HX master records
being incomplete and/or missing.” When “Attempting to
determine the number of Silastic II implants distributed by
Dow Corning the following conditions have been encountered.
Master HX records have not been properly prepared and
recorded. Many
... are not available for lots processed by the plant.
Supportive records and/or references are often not
provided.” There is also a four page listing of
irregularities found in at least 56 lot history and device
master records including the reject cause tally does not
reconcile with the quantity rejected, incomplete and missing
information in the records, sizes combined in a single lot,
and implants unaccounted for. “The HX master record is (a)
suitable document for device manufacturing work. But it has
not been used properly. As the records indicate people using
it do not use it as a serious GMP type document. The
management of the HX system is totally missing as written by
failure to check and approve each lot. Furthermore it
appears no audit was ever performed to check if HX lots were
ever completed and records returned.... There are no
exceptions for failure to comply to good manufacturing
processes.” (emphasis added).
-
- CITE;
D 4924 - 4929. NOTE: Dow Corning has cited to lot history
records in
responding to inquiries from the FDA and Physicians about
problems with implant
shells. Specifically, Dow Corning Claims that the lot
history records show that
there was no problem with the particular lot in question.
See, e.g., 06/21/82
- entry.
Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#374
- 04/20/83
-
- COHESIVENESS
- LIQUID COMPONENT OF GEL
-
- Gene
Jakubczak and Tom Brown of Dow Corning recommend rejection
of loose gel HH0223099 (Drums 1,2) (Used in Silastic II
Mammaries) as “unsuitable for sale.” The lot of gel
passed all lot acceptance requirements but it was atypical
gel. The
recommendation is based upon their observations that the gel
“appeared sloppy,” that some Slapsti II units “failed
catastrophically,” and others failed ASTM cohesivity
tests. “Gel fell en masse from envelopes.... Gel appeared
to ‘flow’ and when manual attempt to squeeze from
envelope was made, no tendency to spring back into the
envelope was noted upon release.’ (emphasis added).
Further, “On the basis of the risk which would be
posed to a patient having one of these units implanted,
prudence requires their rejection. The ease with which gel
may be displaced from the shell (as evidenced in the hang
test) is sufficient cause for concern.” (emphasis added).
-
- CITE:
F 726 - 727. DUPLICATE: DCC 800441416 - 80041417. Dow
Corning Trial
Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#375
- 05/03/83
-
- COHESIVENESS
- LIQUID COMPONENT OF GEL
-
- Dr.
Vinnik writes to Robert Rylee, Dow Corning Wright, regarding
a Dow Corning
silicone gel implant “which does not appear to conform to
your own minimal
specifications with respect to gel cohesion.” The attached
Operative Report
notes “THE GEL ON BOTH SIDES APPEARED TO BE DEFECTIVE,
BEING EXCESSIVELY THIN
AND RUNNY.” (emphasis in original).
-
- CITE:
KMM 3885 - 3891 Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#376
- 07/20/83
-
- ACKNOWLEDGEMENT
OF NEED FOR TESTING
- KNOWLEDGE
OF SYSTEMIC DISEASE
-
- C.
Lentz, Dow Corning, memo to D. Weyenberg discussing staffing
needs to conduct toxicological studies. He writes, “The
work we do has a wide range of urgency connected with it. On
one end of the range is the work that must be done now and
on the other end is work which needs to be done some time
but can be put off for now ...until it reaches the ‘must
be done now’ stage.” Lentze states that Dow Corning’s
current mode is that the toxicology department is
understaffed or “inadequately’ staffed, that they are
“borrowing” pathology and veterinary skills from Dow
Chemical and that Dow Corning has “no resources available
to do long term studies or fundamental information type
studies.” Lentz urges Dow Corning to immediately hire two
people to meet Dow Corning’s “here and now
obligations.” A long term (2 year) state of the art study
on the health effects, including carcinogenic potential of
implanted silicone gel “must be done. Dow Corning no
longer has the option of not doing or delaying the study.’
Lentz adds, “Commencement of a gel implant study is
overdue and at this time we would not be able to
convincingly demonstrate due diligence in pursuing
knowledge.”
-
- One
of the recipients of the memo, Forrest Stark, writes a
handwritten note back to Lentz at the top of M 420069:
“Bringing appropriate professionals in house has my
wholehearted support. I still think that a reorganized TOX
within HES could give us efficiencies.” (emphasis added).
-
- CITE:
M 420068 - 420072, Exhibit to Harris County Boley
Deposition, Exhibit 7 to
Zimmer Deposition, Exhibit to Rylan Deposition, and Exhibit
19 to Harris County
Zahalsky Deposition. Dow Corning Trial Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#377
- 08/09/83
-
- ACKNOWLEGEMENT
OF NEED FOR TESTING
- KNOWLEDGE
OF SYSTEMIC DISEASE
- TESTING
- TISSUE
REACTION
-
- Memo
to Rathjen from Isquith regarding Immunological Research
Proposal, “It has long concerned me that our knowledge in
this area is virtually nil and should not be. ... Knowledge
from such a study ... could be a tremendous asset in better
understanding tissue reaction to silicone implants.”
-
- CITE:
KMM 205513 , Exhibit to Isquith Deposition and Exhibit 65 to
MDL Rathjen
Deposition. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
-
- Document
#378
- 08/25/83
-
- ACKNOWLEDGEMENT
OF NEED FOR TESTING
-
- Weyenberg,
Dow Corning, memo to C. Lentz. J. Cooper, Rylee, Stark,
Steinberg, and Ziarno regarding a toxicity evaluation of
silicone gel. “Will you please take the leadership in the preparation of
a definitive proposal for a chronic tox study on gel
implants? Please consider the options of a study conducted
within our TOX Department versus and externally funded
study. The proposal should include the options and your
recommendations on scope, expense (including APS) and timing
for the study—A proposal which can be used by the Health
Care Group and the RDES function for decisions on funding
this project.
-
- CITE:
M 420067. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#379
- 09/15/83
-
- ACKNOWLEDGEMENT
OF NEED FOR TESTING
-
- Boley,
Dow Corning, memo to J. Matherly regarding “Biological
Safety Testing Of Gel For Implants.” He states the “only
gel to my knowledge that has had long-term implant testing
performed on it” is X-3-0885 (Sylgard 51). “Gel Q7-2218
only has tissue cell culture data available for it.
Therefore, if we are to continue to sell this material as
“medical Grade,” immediate action should be taken to
bring it into compliance with the business definition of
Medical Grade.”
-
- “It
is my opinion the Q7-2167/2168, Q7-2150/2146, and X-3-0885
are similar enough in formulation such that testing
performed on one gel is applicable to the other two... we
have no valid long-term implant data to substantiate the
safety of gels for long-term implant use.... Only
inferential data exists to substantiate the long-term safety
of these gels for human implant applications.
(emphasis added).
-
- CITE:
F 838 - 839. duplicate: M 170034 - 170036; M 580061; KMM
380518 - 380520;
KMM 140198: KMM 386581: KMM 483550 - 483552; KFD 1655 -
1658: KKA 1. NOTE: In
1983, Dow Corning is till complaining of no long term
testing and no real safety
data. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#380
- 09/23/83
-
- FRAUD/MISREPRESENTATION
- ACKNOWLEDGEMENT
OF NEED FOR TESTING
- TESTING
-
- Jim
Matherly, Dow Corning Wright, memo to Jim Cooper and Jerry
Zoarmp. Regarding Biological Testing of Gel For Implants
Matherly states that:
“Within
the past two months, we have received inquiries relating to
a broken gel testicle and a broken mammary, as well as from
Cox-Uphoff and Ruthton Corporation. To our embarrassment, we
were unable to provide more than tissue culture and heavy
metals analysis. Furthermore, our product literature on
these gels imply that safety testing to qualify them as
implant materials does exist and can be obtained readily
from Dow Corning.”
-
- Matherly
notes an added rationale for the safety of the implants is
the assumption the gel is contained in an envelope. “This
supposes that ruptures do not occur or are removed
quickly... (but) experience has shown this later statement
to not be accurate....” Matherly concludes “Only
inferential data exists to substantiate the long-term safety
of these gels for human implant applications.” He also
points out the “data produced by IBT is ... generally
suspect in the industry due to their poor laboratory
practices.” (emphasis added).
-
- CITE:
m 170037 - 170038. DUPLICATE: F 854 - 855: m 430215 -
430216: F 838 - 855:
KMM 483548 -
483549: KKA 4 - 5; KMM 27693 - 27694; KMM 361961 - 361962:
KMM
329306 -
329309: KMM 380521 - 380522. Dow Corning Trial Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#381
- 09/26/83
-
- ACKNOWLEDGEMENT
OF NEED FOR TESTING
- MISCELLANEOUS
- PRODUCT LABELING
- TESTING
- TISSUE
REACTION
-
- Boley,
Dow Corning, memo to Marlar, Rylee, Wessel, Cooper, Rathjen
and Hobbs with copies to Lentz, Stark and Steinberg
regarding “Repeat of Dr. Heggers Published Procedures
Claiming Antigenicity Of Silicone Gel.” Boley wanted to
repeat the study with an outside laboratory but the
estimated cost of $20,000 was too much. He states: So
Economically, I find it difficult to justify expending much
time and money on this matter. For the present, I believe it
may be adequate to begin updating our product data sheets to
read “low-sensitization” or “minimal sensitization”
rather than “non-sensitizing.” The issue of
sensitization of silicone polymers will eventually be
resolved by the medical community with or without our help.
Therefore, perhaps the appropriate course is to wait. In any
event, the sensitization potential of silicones will be
extremely low or non-existent and therefore, should have
little economic impact on Dow Corning.”
-
- CITE:
KMM 337395. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#382
- 09/30/83
-
- COHESIVENESS
- LIQUID COMPONENT OF GEL
- TESTING
- KNOWLEDGE
OF GEL BLEED
-
- Dow
Corning “Investigation of Q7-2167/2168 Formulation
Parameters Which Might Influence Gel Cohesivity And Bleed”
by Joan McMahon, Randall Sweet, and Virgil Metevia. They
discuss that in mid-1982, Dow Corning Wright’s TS&D
requested the Medical materials Department of Dow Corning to
address issues of gel cohesivity and bleed with Q7-2159A
(the gel used in Silastic and Silastic II), which is the
catalyzed version of Q7-2167/2168 gel.
-
- Thirty
(30) mammaries were taken from inventory and tested. 23.3%
(7 of 30) failed the cohesivity test. Mammaries within the
same lot passed while others in the same lot failed this
test. Some has excessive bleed and some did not. There was
little area where the gel would be cohesive and still fall
in the specification range of 75-300. Data showed the
specification could be brought to 50-150 and still likely
pass the ASTM F703-81 gel cohesivity test. The
responsiveness of 50 penetrations was not considered to be
objectionable. Gel bleed is already known to be a problem.
-
- CITE:
KKA 121630 - 121669. DUPLICATE: KKA 88488 - 88495; KMM
270149 -270162; KMM
173990.
-
- -----------------------
-
-
- Document
#383
- 10/05/83
-
- FRAUD/MISREPRESENTATION
-
- Bruce
Reuter, Dow Corning, memo to the Territory Managers and
Sales Representatives regarding Natural Y breast implants.
Reuter lists Natural Y’s claims about polyurethane
implants and cites to medical publications which disprove
their claims. Reuter criticizes Natural Y for not having
supporting references for its claims. He states that, “The
contracture free claim is a joke! We have had reports of
infection, pre-operative rupturing and contracture from
around the country.” Additionally, Reuter states, “Have
you felt a Natural Y prosthesis. There is no envelope around
the gel, just an easy peel off foam coating. The FDA is
going to move mammaries from Class II to Class III because
of the concerns with gel bleed and here is a mammary that is
a gel bleed time bomb.”
-
- CITE:
KKH 56082 - 56087. DUPLICATE: D4503 Dow Corning Trial
Exhibit List
Abstracts PENDLETON/PSC Attorney Work Product/Privileged
& Confidential
.
-
-
- -----------------------
-
-
- Document
# 384
- 12/06/83
-
- COHESIVENESS
- LIQUID COMPONENT OF GEL
- TISSUE
REACTION
- RUPTURE
- GEL
MIGRATION
-
- Dr.
Charles Vinnik writes to Robert Rylee, Vice President of Dow
Corning Wright, regarding an enclosed pathology report
showing that a patient has had a considerable silicone
reaction to the mammaries extruded material. Dr. Vinnik
states that he will not “assume liability along with Dow
Corning for a defect in the silicone gel.”
-
- “The
silicone gel, as demonstrated to Mr. Reuter and Mr. McGuire,
and as seen and commented on by Mr. Matherly, Ms. Duel, Mr.
Jakubczak and others at Dow Corning was in fact lacking in
cohesion. Various theories were postulated as to why this
gel was not cohesive and thus reacted as migratory gel
within this patient’s body producing considerable
inflammation, foreign body reaction and discomfort.
Nonetheless, all of these theories are moot as there has
never been any representation to the medical public or the
lay public that in any way, shape or fashion does the
silicone gel change its physical characteristics once
implanted in the human body with or without the intact
shell.... There would be no requests to you for compensation
for this patient’s problem were the gel cohesive. If the
gel was cohesive, she would have no problem.... I think
(this) points up the fact that there should be some type of
a liability insurance scheme with impartial analysis which
would appropriately compensate people for products which are
defective. I keep using the word ‘defective’ with
respect to the silicone gel as there is yet to be any hard
scientific evidence to show that what happened in this
patient’s case is anything other a defect in
manufacture....(emphasis added).
-
- CITE:
KKA 246750 - 246753. DUPLICATE: KKA 152422 - 152425; M
780641 -780644. Dow
Corning
Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#385
- 12/13/83
-
- CONCEALING
FROM FDA
- TISSUE
REACTION
- KNOWLEDGE
OF GEL BLEED
-
- FDA:
“The FDA inspects Dow Corning’s Hemlock plan and lists
numerous violations in the complaint reporting system. The
investigator notes that Complaint MD 1081 dated 04/21/81
showed a “giant cell reaction with imbedded silicone
particles.” Dow Corning failed to follow-up this complaint
and get more information. Also, there were numerous
complaints about implants being “greasy” and Dow Corning
had failed to respond to them. Other violations included
production records, oven records, “dirt & debris on
top of packaged sterile mammaries,” and other problems
with sterility in the dipping room and manufacturing
process.
-
- CITE:
FDA 17098 - 17137. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product /Privileged & Confidential
-
- -----------------------
-
-
- Document
#386
- 12/27/83
-
- MISCELLANEOUS
- COMPLICATIONS
- MISCELLANEOUS
- PRODUCT LABELING
- TISSUE
REACTION
-
- Lentz
memo to Marlar with copies to Boley, Cooper, Hobbs, Rathjen,
Rylee, Steinberg and Wessel regarding Marlar’s 11/21 memo
about “plans to change the silicone gel product literature
to indicate some degree of sensitization.... I would like
you to delay a final action on this plan until a group
representing a broader product responsibility in the
corporation has had a chance to discuss the subject and
reach a conclusion. I believe this is essential because the
major component of gel is polydimethylsiloxane. This
material is used in a very broad spectrum of products and
consequently a variety of human exposure does occur. For
example, PDMS is used in a variety of personal care
products, such as skin lotions. If your literature suggests
silicone gel causes some degree of sensitization, there is
significant potential for implicating other PDMS
products.”
-
- CITE:
KMM 336678 Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#387
- 02/06/84
-
- KNOWLEDGE
OF LIQUID SILICONE DANGERS
- TISSUE
REACTION
- RUPTURE
- SILICA
-
- Dr.
Charles A. Vinnik writes to Gene Jakubczak of Dow Corning
regarding a pathology report from a patient whose implant
lost its shell integrity. The pathologist found some
silicone material engulfed by macrophages. “The type of
reaction seen here is very similar to that in which liquid
silicone is ingested by phagocytes converting them to
foreign body giant cells and ‘foamy macrophages’.”
(emphasis added). One of the rationales given by Dr. Vinnik
for this reaction is, “The factor X within the shell of
the implant. the reaction ... sustained is very similar to
those which I have seen rarely over the years associated
with faulty polymerization of the shell and/or filler. It is
possible that the birefringent particles described by the
pathologist (was) silica used as the filler material in the
implant shell.... These findings have been reported by
Wilflingseder and Brown with the silica particles confirmed
by scanning electron microscopy.” Dr. Vinnik hopes that
Dow Corning will do more than its “usual casual,
perfunctory and useless analysis....”
-
- CITE:
M 490041 - 490045. DUPLICATE: KKA 246784 - 246785. Dow
Corning Trial
Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#388
- 02/16/84
-
- ACKNOWLEDGEMENT
OF NEED FOR TESTING
- KNOWLEDGE
OF SYSTEMIC DISEASE
- TESTING
-
- Holmes,
Dow Corning, memo to Rathjen regarding “S.H. Miller Study
Protocol.” Holmes states: “It seems almost inconceivable
that we do not know more about the human immunological
response to silicone at this point....” He states that the
study is “certainly needed” and that Dow Corning should
support it.
-
- CITE:
KMM 205503, Exhibit to MDL Rathjen Deposition. Dow Corning
Trial Exhibit
List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#389
- 02/29/84
-
- SHELL
STRENGTH - THICKNESS
- SHELL
DEGRADATION
- COHESIVENESS
- LIQUID COMPONENT OF GEL
-
- E.
Frisch, Dow Corning, memo to R. Dumas, G. Jakubczak, and S.
McGuire referring to a visit with Dr. Vinnik. Dr. Vinnik
stated that many of Dow Corning’s implants were
“defective with thin spots causing them to be easily
ruptured.... The
gel in removed implants has lost its cohesiveness, and
suggested that biodegradation may be occurring.” Frisch
claims it is not Dow Corning’s envelopes and gel which are
the problem, but that implant manipulation “would probably
result in localized stressing of some areas of the implant,
particularly if there were a thin spot, or if the stretching
were uneven such that it created an aneurysm. The subsequent
manipulations would probably stretch these areas resulting
in progressive weakening and ultimately rupture....” There
is no machine that duplicates this kind of manipulation that
is commonly recommended by doctors to prevent capsular
contracture.
-
- CITE:
KMM 259750 - 259751. DUPLICATE: DCC 80030963 - 80030966. Dow
Corning Trial
Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#390
- 03/14/84
-
- COHESIVENESS
- LIQUID COMPONENT OF GEL
- TISSUE
REACTION
-
- Dr.
Charles Vinnik, Dow Corning, letter to Gene Jakubczak, Dow
Corning, regarding an implant which had lost its shell
integrity. “(T)he patient did have a silicone reaction
exterior to the intact capsule....” He states that Dow
Corning’s gel was “greatly inferior” to other
manufacturer’s gel because of its “looser
consistency.” Bruce Reuter, Dow Corning’s National Sales
Manager, writes at the top of the letter, “I think we
should cut Dr. V. loose!” (emphasis added).
-
- CITE:
DCC 242051086 - 242051087. Dow Corning Trial Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#391
- 03/30/84
-
- TESTING
-
- Abstract
of Dow Corning study of “Tissue Cell Biocompatability of
Dow Corning 200 Fluid, 65 cs” states that, “The test
material was evaluated for cytopathic effect by placing the
material in direct contact with a confluent monolayer of
human embryonic cells.... A distinct cytopathic effect was
observed by the test material in both initial and retesting
of the samples.”
-
- CITE:
38813 - 38821. DUPLICATE: KKH 59302 - 59320. Dow Corning
Trial Exhibit
List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#392
- 04/16/84
-
- ACKNOWLEDGEMENT
OF NEED FOR TESTING
- TESTING
-
- Letter
to Miller from Rathjen re the March 28th letter
covering prospective breast study,. In July, patients will
receive an examination for their 12 year follow-up.
-
- CITE:
KMM 205496 - 205497, Exhibit to MDL Rathjen Deposition. Dow
Corning Trial
Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#393
- 04/18/84
-
- TESTING
- GEL
MIGRATION
-
- Linda
Veresh, Dow Corning, “Final Report on Dow Corning 382
Elastomer, skin sensitization test; the original report is
dated 1982. Two of the guinea pigs died with no cause
determined but the implants had migrated and whitish lesions
and granular particles were found on the lung, ventricles of
the heart, spleen and liver. In addition, hemorrhagic spots
were found on the cerebrum.
-
- CITE:
T 11768 - 11817 Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#394
- 04/23/84
-
- DOCUMENT
DESTRUCTION
- COHESIVENESS
- LIQUID COMPONENT OF GEL
-
- Reuter,
“Dow Corning, memo to Wessel regarding C. Vinnik’s runny
gel complaints. “These
escapades are costly! The price tag on this one is greater
than $3,000.00 and we settled another claim for $5,000.00
late in 1983. ... P.S. Please read memo then destroy. Do not
keep for files.”
-
- CITE:
KKH 76226. DUPLICATE: M 490088. Dow Corning Trial Exhibit
List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#395
- 04/26/84
-
- DOCUMENT
DESTRUCTION
- FRAUD/MISREPRESENTATION
- TISSUE
REACTION
-
- Handwritten
note to Jakubczak, Dow Corning, that Wessel called regarding
Dr. Barker.
“Please call Dr. Barker re two sentences Jim thinks should
be deleted to reduce product liability. 1. Chronic
inflammatory cells caused by gel. 2. Gel causes contracture.
Jim feels above does not reflect the truth.”
-
- CITE:
M 500016. NOTE: “Dr. Barker was writing an article about
capsular
contracture with silicone breast implants. Dow Corning Trial
Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#396
- 05/09/84
-
- KNOWEDGE
OF SYSTEMIC DISEASE
-
- Eldon
Frisch, Dow Corning, memo to Bill Boley, Marcia Marsh, and
Jim Wessel concerning Baxter Travenol’s presentation at
the biomaterials Meeting. The poster presentation
demonstrated a cell culture method Baxter developed for
assessment of immunotoxicity. Frisch states that Baxter
“tested a number of materials, including silicones, and
have found that many, if not most, plastics and elastomers
elicit an immunotoxicity reaction. ... This may be of
interest in the alleged case of human adjuvant disease.”
(emphasis added).
-
- CITE:
KMM 37828. Dow Corning Trial Exhibit List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#397
- 05/21/84
-
- KNOWLEDGE
OF SYSTEMIC DISEASE
-
- Frisch,
Dow Corning, letter to Dr. John Madden (cc to Boley)
regarding a female hydrocephalic patient described in an
attached abstract entitled “Evidence For Immune Response
to Silastic Implants” by Michael R. Wasserman. The
described patient experienced an alleged immune response to
silicone elastomer.
-
- CITE:
DCC 10005769 - 10005770. Dow Corning Trial Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#398
- 06/84
-
- KNOWLEDGE
OF SYSTEMIC DISEASE
- MISCELLANEOUS
- COMPLICATIONS
-
- Gregory
follow-up for patient no. 8. She developed arthritis in
1978, 6 years post-implantation.
-
- CITE:
B 1084 - 1085, Exhibit 11 to Harris County Rathjen
Deposition, Exhibit to
MDL Rathjen Deposition. Dow Corning Trial Exhibit List
Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#399
- 07/09/84
-
- KNOWLEDGE
OF SYSTEMIC DISEASE
- MISCELLANEOUS
- COMPLICATIONS
-
- Gregory
follow-up of patient no. 48. Five years post-implantation
she was diagnosed with idiopathic thrombocytopenia purpura.
-
- CITE:
B 727 - 750, Texas Exhibit No. 8, Exhibit to Harris County
Rathjen
Deposition, and Exhibit to MDL Rathjen Deposition. Dow
Corning Trial Exhibit
List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
- -----------------------
-
-
- Document
#400
- 07/09/84
-
- KNOWLEDGE
OF SYSTEMIC DISEASE
- MISCELLANEOUS
- COMPLICATIONS
-
- Gregory
follow-up of patient no. 26. The patient developed arthritis
in her fingers.
-
- CITE:
B 1401 - 1403, Exhibit 12B to Harris County Rathjen
Deposition, and
Exhibit to MDL Rathjen Deposition. Dow Corning Trial Exhibit
List Abstracts
- PENDLETON/PSC
Attorney Work Product/Privileged & Confidential
-
-
TO
DOCUMENTS: 401 - 450
-
|