In re Silicone Gel Breast Implants Products Liability Litigation
United States District Court for the Northern District of Alabama
887 F.Supp. 1447 (1995)
Bristol Myers Squibb (Bristol) (defendant) owned Medical Engineering Corporation (MEC) (defendant), whose board was dominated by Bristol officers, with Bristol controlling MEC's hiring, compensation, and even the ultimate decision to pull MEC's polyurethane-coated breast implants from the market; Bristol also tested and marketed MEC's products, putting Bristol's own name on them, and some women alleged they purchased the implants in reliance on Bristol's association with the product. Women injured by the implants (plaintiffs) sued both MEC and Bristol, seeking to pierce MEC's corporate veil and hold Bristol directly liable, and Bristol moved for summary judgment.
Whether a plaintiff in tort may sue not only a medical product's manufacturer but also its controlling parent company, when the parent actively controlled the subsidiary's business and directly participated in marketing the product under its own name.