Judge Refuses to Reject Report That Found Breast Implants Safe

A judge on Monday refused to throw out a report by an expert panel that found no evidence breast implants cause illness, despite complaints that a member received money from an implant maker.

U.S. District Judge Sam Pointer ruled that the findings of the four-person panel were not tainted because one member took a $750 honorarium from a company that used to make implants.

Lawyers for women who have sued implant makers claimed the report was biased because of member Dr. Peter Tugwell’s action. The report is being used in courts nationwide and was a major blow to women seeking damages for illnesses they said were caused by defective silicon implants.

Pointer took some of the blame for the Tugwell situation, saying he should have been more explicit in explaining what was expected of committee members.

Pointer appointed the committee to sort through conflicting scientific opinions on implants. The judge presides in thousands of federal lawsuits filed by women who claim breast implants harmed their health.

Tugwell, a Canadian rheumatologist, accepted the $750 from former implant maker Bristol-Myers Squibb Co. to attend a three-hour meeting dealing with issues other than implants.

As chairman of medicine at the University of Ottawa, he also solicited $5,500 in donations from Bristol-Myers Squibb and 3M, another defendant in implant cases, to sponsor conferences. And a close colleague accepted at least $200,000 to do work for a Bristol-Myers Squibb subsidiary.

Attorneys for Bristol-Myers Squibb and the science panel argued that Tugwell followed all of the court’s rules and had no dealings involving breast implants with any company.

“There is no conflict of interest, certainly as defined by this court,” said John Kobayashi, representing the panel.