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MATTER OF SILICONE BREAST IMPLANT LITIGATION v. BRISTOL-MYERS SQUIBB AND COMPANY

306 A.D.2d 82 (2003)

761 N.Y.S.2d 640

In the Matter of SILICONE BREAST IMPLANT LITIGATION. LISA LYNN CLARK, Respondent, v. BRISTOL-MYERS SQUIBB AND COMPANY et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 10, 2003.

Plaintiff brought this action seeking damages for injuries she sustained from her use of polyurethane-foam-covered breast implants. Through counsel, plaintiff opted out of a settlement class created for individuals with breast implants manufactured by various companies, including defendants. In November 1998, mediation was held before a special master, at which time plaintiff's former counsel indicated that plaintiff was not in a position to settle the case. However, on December...

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