Torts Keyed to Epstein
Vassallo v. Baxter Healthcare Corp
Facts
Plaintiff underwent breast implantation surgery in 1977. The silicone breasts that Plaintiff received were silicone gel manufactured by Heyer Schulte Corporation. Through a series of corporate transactions, Baxter (Defendant) assumed responsibility for breast implant product manufactured by Heyer. In 1992, Plaintiff complained of chest pains and underwent a mammogram. The mammogram had revealed that the breast implants had possibly ruptured. They were removed in 1993 and were replaced with saline implants. During the course of this surgery, the surgeon noted permanent scaring on Plaintiff’s pectoral muscles, which Plaintiff attributed to the silicone gel. The implants themselves were encapsulated in scar tissue with multiple nodules of silicone granulomas. Dissection of the scar tissue revealed that the left implant has ruptured and the right implant has several pinholes in it through which silicone gel could escape. During trial evidence indicated that by 1977, Heyer Schulte knew its implants were not consistent as far as durability or destructibility. Heyer did not warn of the consequences of gel migration in the body. Heyer also did not disclose to Plaintiff the potential complications associated with breast implants. Plaintiff stated that if she had known that the implants could cause permanent scarring, chronic inflammation and problems to her immune system, she would not have gone ahead with the procedure. The trial court returned a verdict for Plaintiff. Defendant appealed.
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