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COMM 393 (60)

Case Brief - Hollis v. Dow Corning Corp – NEGLIGENCE.docx

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COMM 393
Patricia Mallia

Hollis v Dow Corning CorpNEGLIGENCE FactsDow Corning is corporation that developed silicone breast implants during 1970s and 1980s Ms Hollis had congenital breast deformity family physician suggest she consult Dr John Birch experienced plastic surgeon was told could correct shape of breasts explained surgical implantation procedure but didnt warn of risks of postsurgical complicationspossibility that implants could rupture On advice she consented Dr Birch modified Ms Hollis breasts with 2 silicone breast implants manufactured by Dow Corning Another plastic surgeon discovered that right implant had ruptured silicone envelope was missing Sued Dow Corning for negligence in manufacture of implant and failing to warn doctors or public of possibility that implants could rupture Issues1 Is Dow Corning liable for negligent manufacture of the implants 2 Did Dow Corning breach its duty to warn Ms Hollis and Dr Birch of the risk of postsurgical implant rupture Decisions1 Yes at first ceased to manufacture type of implant that Ms Hollis originally received replace d original implants with new model But then Court of Appeal concluded that trial judge shouldnt have concluded that just because he couldnt find no other cause for the rupture 2 Yes Reason1
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