Rosburg
Rosburg v. Minnesota Mining & Manufacturing Co.
Opinion
Opinion
Newsom, J.
Before us on this appeal is a products liability case involving a breast prosthesis which deflated six years after it was implanted. The factual background may be summarized as follows.
In April of 1976, plaintiff consulted Dr. Roland Minami, aplastic surgeon, about surgery to augment the size of her breasts. Dr. Minami told her he would use silicon implants which were filled with saline in the augmentation surgery. The implants were manufactured by McGhan Medical Corporation, a subsidiary of defendant Minnesota Mining & Manufacturing Co. (hereafter 3 M). On May 27, 1976, Dr. Minami performed surgery and inserted two McGhan style 90 inflatable breast implants in plaintiff. The left side was filled with 200 cc’s of saline and the right side with 235 cc’s of saline to achieve symmetry.
In May of 1982, the right implant spontaneously deflated. Plaintiff consulted with Dr. Courtland Harlow, another plastic surgeon, who recommended that the implant be replaced. On May 13,1982, Dr. Harlow removed the original implant. At this time he could see that it was folded upon itself and collapsed. The implant was shown to plaintiff who observed that it was flat, contained no fluid and…