Judge Agrees to Resume Dow Implant Trial

A Louisiana judge reversed herself and allowed a major silicone breast-implant trial against Dow Chemical Co. to proceed a day after she declared a mistrial because of a lawyer’s behavior. Louisiana State Judge Yada Magee agreed to resume the trial after a poll of jurors found that they hadn’t been prejudiced by plaintiffs’ attorney Tom Pirtle, said Cindy Hoffman, a spokeswoman for the plaintiffs. In a ruling Wednesday, Magee dismissed the case after three months of trial, saying Pirtle committed “prejudicial misconduct” by making “gestures and nonverbal communications” with jurors. Plaintiffs claim that Midland, Mich.-based Dow Chemical is liable for implants sold by Dow Corning, its 50%-owned joint venture with Corning Inc. Dow Chemical says it has no liability because it neither made nor tested the devices. Dow Corning is in Chapter 11 bankruptcy protection.