From:

The Detroit News

More Implant Injustice

The federal government is suing for a cut of the
multibillion-dollar fund established to settle breast-implant
claims .

Reimbursement supposedly is due Medicare and other federally
funded health care programs for treatment of implant-related
disorders.  In reality, this is yet another corporate shakedown
by the Clinton administration.

The lawsuit filed March 31 by the Justice Department seeks to
halt settlement payments to thousands of women until federal
expenditures are first recovered.  A Justice spokesman said
“millions” of dollars are owed, but acknowledged that no actual
accounting has been conducted.

In a similar vein, the government also is delaying the emergence
of Michigan-based Dow Corning Corp.  from bankruptcy protection.
Justice Department attorneys have filed objections to the
company’s court-approved reorganization plan, which commits $3.2
billion to settle tens of thousands of implant claims that forced
Dow Corning’s Chapter 11 filing.  The government insists that Dow
Corning first determine which claimants received federally
financed medical care.

Two federal statutes — the Medical Care Recovery Act and the
Medicare Secondary Payer Law — allow the government to sue for
reimbursement when a third party is deemed liable for the medical
conditions requiring treatment.  But a slew of research —
including the government’s own — has consistently failed to
establish any link between silicone breast implants and the
myriad disorders cited by claimants. Simply put, Dow Corning and
other medical device manufacturers are not liable, and none of
the settlement agreements assign such liability.

Were it not for the feds, in fact, the industry would not be
forfeiting billions of dollars to settle tens of thousands of
unwarranted claims. The Food and Drug Administration in 1992
largely provoked the tort frenzy by effectively banning breast
implants despite the total absence of an implant link to disease.
But no company could afford to litigate the flood of claims that
followed.  That the Clinton administration now intends to profit
from such injustice is, frankly, repellent.

The pattern here is unmistakable.  Be it tobacco products, guns
or implants, the government seeks to enrich itself at the expense
of industry.  And the consequences are grave.  The implant jihad,
for example, created an acute shortage of life-saving
silicone-based medical devices.

Taxpayers may derive some comfort in knowing that Washington at
least makes some attempt to recoup expenditures for which third
parties are responsible.  But fear is more appropriate when
government derives ever greater power by what is essentially
extortion from its citizens.

###


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