Product Defect Case Series

Dow Chemical Co. v. Mahlum, 970 P.2d 98 (Nev. 1998).

Product: Silicone breast implant

Injury: Atypical autoimmune disease

Mechanism of Injury: Leaking toxic silicone

Nature of Defect: Leaking toxic silicone

Jury Verdict:

• $38,654.00 in past damages
  • $57,116.15 in 2016 value
• $3,915,000.00 in future damages
  • $5,784,904.88 in 2016 value
• $10,000,000.00 in punitive damages
  • $14,776,257.67 in 2016 value

Issue on appeal:

Product Defect Law Categories:

Result:

Full Case Text: Dow Chemical Co. v. Mahlum, 970 P.2d 98 (Nev. 1998).

Case Quotes:

The Mahlums pleaded both negligence and strict liability against Dow Corning, and under either theory they were obligated to demonstrate causation. See Price v. Blaine Kern Artista, Inc., 111 Nev. 515, 518, 893 P.2d 367, 369 (1995) (causation is germane to both negligence and strict tort liability).

Dow Chem. Co. v. Mahlum, 114 Nev. 1468, 1481, 970 P.2d 98, 107 (1998)

 

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Causation consists of two components: actual cause and proximate cause. See Sims v. General Telephone & Electric, 107 Nev. 516, 815 P.2d 151 (1991). To demonstrate actual cause with respect to Dow Corning’s product, the Mahlums had to prove that, but for the breast implants, Charlotte Mahlum’s illnesses would not have occurred. Id. at 524, 815 P.2d at 156. The second component, proximate cause, is essentially a policy consideration that limits a defendant’s liability to foreseeable consequences that have a reasonably close connection with both the defendant’s conduct and the harm which that conduct created. Id.

Dow Chem. Co. v. Mahlum, 114 Nev. 1468, 1481, 970 P.2d 98, 107 (1998)