Spitzfaden v. Dow Corning
Judge Yada T. Magee, Spitzfaden v. Dow Corning (1997) No. 92-2589, "Breast Implant Litigation" (Civ. Dist. Ct., La.) (The Louisiana Supreme Court upheld the ruling, finding no error):
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"Given the definition of this class and the potential size, the efforts taken to notify potential class members was more than sweeping...Accordingly the Court finds that the notice was adequate." |
Spitzfaden v. Dow Corning was the first ever breast implant class action to go to trial. Prior to trial, after class certification, the Court needed to know whether and how notice plans could effectively inform women of the class action and their rights. After the proposed global breast implant settlement created a list of names, the challenge was to determine whether and how it could be used for notice and what other methods might be necessary. The notice program, developed and implemented by Hilsoft Notifications, consisted of paid notice in daily and weekly newspapers throughout the state of Louisiana, as well as other publication, Internet activities, and some mailings. The newspapers, carefully researched by Hilsoft Notifications, reached almost every city and town in Louisiana. Hilsoft Notifications scientifically determined, often with little publicly available data, whether and how local papers overlapped with the larger newspapers, to determine if, and how many, readers were provided more than one vehicle in which to view the notice. The newspaper activity also included papers that targeted, either editorially or geographically, communities with diverse population groups including minority groups.
Before the trial began, a hearing was held covering notice issues. The Court subsequently approved the notice plan, and on appeal, it withstood challenge to the Louisiana Court of Appeals and ultimately withstood further challenge to the Louisiana Supreme Court.