Mariann HOPKINS, Plaintiff-Appellee, v. DOW CORNING CORPORATION, Defendant-Appellant

In this diversity action, Mariann Hopkins sued Dow Corning Corporation to recover for injuries suffered as a result of two sets of breast implants manufactured by Dow, which she received in breast reconstruction surgeries in 1977 and 1986. The jury found Dow liable for Hopkins’ injuries and awarded Hopkins $840,000 in compensatory damages and $6.5 million in punitive damages. Dow appeals.

Dow contends that the district court erred in determining that Hopkins’ claims were not barred by the applicable statute of limitations. Dow challenges the district court’s determination that the evidence presented at trial was sufficient to support a finding of fraud and further challenges the court’s decision to admit the plaintiffs expert testimony on the issue of causation. Finally, Dow challenges the amount of both the compensatory and the punitive damages awards.

The district court’s jurisdiction was based upon 28 U.S.C. § 1332 (a)(1). We exercise jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

I. FACTS

On October 4,1976, plaintiff Mariann Hopkins underwent a bilateral subcutaneous mastectomy for severe fibrocystic disease at St. Mary’s Hospital in San…