Judge Rejects Bid to Block Review of Breast Implants

BALTIMORE â€”  A judge refused Friday to block a federal advisory panel’s plans to consider the safety of silicone breast implants, rejecting an implant maker’s claim that the panel was biased.

U.S. District Judge John Hargrove said delaying a recommendation by the Food and Drug Administration advisory panel would hurt the public.

McGhan Medical Corp. of Santa Barbara had filed suit Thursday, saying the issue should be turned over to Health and Human Services Secretary Louis W. Sullivan.

Ty Cobb, an attorney representing the company, argued at a hearing that several panel members were biased against the implants and could not rule objectively.

Cobb also said FDA Commissioner David A. Kessler had prejudged the issue.

Last month, Kessler sought--and obtained--a voluntary national moratorium on the use of silicone gel breast implants.

After the ruling, Cobb said the company may file suit again if it feels the panel’s recommendations on the implants are unfair.

Also Friday, a federal judge in Cincinnati granted class-action status to seven women and two of their husbands seeking damages for health problems blamed on silicone gel implants.