IN: Failure to Disclose Use of Silicone Implants: `Fraudulent Concealment' Bars Limitations.(Brief Article)

CASE FACTS: On November 14, 1982, Sharon Halbe visited Dr. Howard Weinberg, a physician certified by the American Board of Plastic and Reconstructive Surgery, who diagnosed her with extensive fibrocystic disease in both breasts. He performed a double mastectomy and on April 25, 1983, he inserted her breast implants as part of a reconstructive procedure. The patient alleged that before the reconstructive surgery the physician asked her to choose between two types of breast implants, which he respectively labeled as "saline" and "silicone." She told the physician that she wanted "saline implants" and "did not want implants containing silicone." She further alleged that the physician approved her choice and indicated he would supply her with "saline implants." The implants used actually consisted of 75 percent saline solution and 25 percent silicone gel. Throughout her course of treatment, the patient either visited or spoke to the physician on approximately sixteen occasions. The patient returned to the physician in November 1983. In January 1984, he performed further reconstructive surgery, and replaced the patient's breast implants with larger ones. The patient alleged that the physician indicated that he would use the "same kind" of implants. The new implants contained roughly the same saline-silicone ratio as the earlier implants. In February 1992, the patient learned that her implants contained silicone. Complaining that ailments, including joint and muscle pain, headaches, fatigue, and other symptoms were caused by the silicone implants, the patient brought suit against Dr. Weinberg. The physician moved for summary judgment alleging that the statute of limitations had run. The Superior Court, Lake County, ...