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...should act as gatekeepers, assessing the validity of the experts who take their stand. "Before Daubert, judges were unwilling to prevent testifying," says Joseph Sanders, a University of Houston law professor. "Now they're more willing to exclude experts." The results are dramatic, even pivotal, in cases involving breast implants. Last year Judge Robert Jones of Oregon used the findings of his own panel of scientists to exclude the plaintiffs' evidence in some 70 cases brought against implant makers. Federal Judge Sam Pointer of Alabama is evaluating pretrial evidence in 22,000 cases. To this end he has carefully assembled...

Author: /time Magazine | Title: SLEIGHTS OF SILICONE | 9/1/1997 | See Source »

...defense studies and ask the jury to weigh personal example against laboratory empiricism. For example, in the Louisiana trial plaintiffs intend to note that one of their claimants was rushed into emergency surgery after what her doctors said was silicone began leaking through her skin from a ruptured implant. Marcia Angell, executive editor of the New England Journal of Medicine, decries the "pseudo science" that links breast implants to illness: "It comes down to which side has the most personal experts and puts on the best show...

Author: /time Magazine | Title: SLEIGHTS OF SILICONE | 9/1/1997 | See Source »

...ORLEANS: In what could set the stage for one of the largest class-action payouts in U.S. history, a jury yesterday ruled Dow Chemical withheld information about the potential dangers of the implants. Dow Chemical, the parent company of the implant producer Dow Corning, had claimed it had no involvement in the product's testing. The verdict in the first breast implants class-action lawsuit to go to trial opens the door for a complex legal process in which 1,800 women are seeking money for immune system related aches and pains...

Author: /time Magazine | Title: Jury Says Dow Chemical Withheld Data on Implant Dangers | 8/19/1997 | See Source »

...aspects we have chosen as our themes are the impulse to create meanings for the (at first) unfamiliar panoply of American nature; the "American grain" of direct, pragmatic vision and craftsmanship; the urge to visionary expression of spiritual experience; the wish to implant grandeur in society; the move into cities and the obsession with their heroic technology; the desire to commemorate events and remember exemplary people; and the fondness for breaking (and defending) cultural molds...

Author: /time Magazine | Title: AMERICAN VISIONS | 5/21/1997 | See Source »

...Imperfect IMPLANTS. A major study shows that within five years of having breast implants, one-quarter of women require additional surgery for excessive scarring, a ruptured implant or other complications...

Author: /time Magazine | Title: Notebook: Mar. 17, 1997 | 3/17/1997 | See Source »

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