Implant-Disease Testimony Barred

A federal judge in Oregon has ruled that expert witnesses who claim a link between silicone breast implants and a wide spectrum of serious immune system diseases should be barred from testifying in lawsuits in his court.

The ruling could potentially affect tens of thousands of women nationwide who have sued breast implant companies--but also could influence other litigation involving complex scientific issues.

U.S. District Judge Robert E. Jones ruled that the evidence supporting a link between implants and serious systemic illness does not meet the threshold of scientific proof necessary to merit being presented to juries. The ruling directly affects about 70 women whose cases have come before Jones, but it has been closely watched because of its broader possible implications.

“I am mindful that this opinion goes farther in evaluating and in eliminating plaintiffs’ claims than any other opinion in breast implant litigation pending in this country,” Jones wrote. But he added that “litigation over the ability of silicone gel breast implants to cause disease in women has been chaotic in its results.”

The cases directly affected by the ruling would still be able to proceed, but no expert testimony would be allowed on “systemic” illnesses, such as lupus, rheumatoid arthritis and scleroderma. That would almost certainly weaken those cases.

Implant makers on Wednesday hailed the ruling as a step toward scientific rigor in the courts. “Junk science is just not cutting it in the courtrooms,” said John L. McGoldrick, general counsel to implant maker Bristol-Myers Squibb.