In Re Silicone Gel Breast Implants Products Liability Litigation

887 F.Supp. 1447 (N.D. Ala. 1995)

Facts

MEC is a wholly owned subsidiary of D. Plaintiffs were allegedly injured by silicone breast implants created by MEC and wish to pierce the corporate veil of MEC and hold D liable for the actions of its subsidiary. Evidence indicates that D had two of its employees on the board of MEC and most resolutions that were adopted by MEC's board were prepared by D's employees. MEC had to carefully report its activities regarding the implants to D. Cash and loans were freely transferred between the parent D and its subsidiary. D set wages for MEC employees and approved of new hires. Legal counsel and regular audits were shared between the two. It is key that the Bristol Myers name and logo appeared on package inserts and promotional products regarding the silicone implants.