THE DOW CHEMICAL COMPANY, Appellant/Cross-Respondent, vs. CHARLOTTE MAHLUM AND MARVIN S. MAHLUM, Respondents/Cross-Appellants., 114 Nev. 1468

Summary

Plaintiff implant recipient brought suit for both negligence and fraud against defendant chemical company after a breast implant she had received ruptured and explantation surgery could not remove all of the silicone gel embedded in her body. The implants were manufactured by a bankrupt company formed by defendant to develop commercial and industrial uses for silicone. At trial, expert witnesses testified that plaintiff suffered from an atypical autoimmune disease caused by the rupture of the implant and the jury found that defendant was liable for both negligence and fraud. In affirming the judgment as to negligence, the court ruled that there was substantial expert evidence from which a reasonable jury could have found that but for the breast implants, plaintiff would not have suffered from her illness. In reversing the judgment as to fraud, the court ruled that because defendant had no relationship with plaintiff, and was not involved in any transaction with her, defendant could not...