When Dow Corning faced thousands of lawsuits in the 1990s from women saying they had become sick from the company’s silicone gel breast implants, its parent firm, Dow Chemical, turned to one of the country’s leading experts in corporate bankruptcies: Professor Elizabeth Warren.
Warren, now a Democratic presidential candidate, has never publicly discussed her role in the case. Her campaign said that she was “a consultant to ensure adequate compensation for women who claimed injury” from the implants and that a $2.3 billion fund for the women was started “thanks in part to Elizabeth’s efforts.”
But participants on both sides of the matter say that description mischaracterizes Warren’s work, in which she advised a company intent on limiting payments to the women.
“She was on the wrong side of the table,” said Sybil Goldrich, who co-founded a support group for women with implants and battled the companies for years. Goldrich said Dow Corning and its parent “used every trick in the book” to limit the size of payouts to women. The companies, she added, “were not easy to deal with at all.”
A person familiar with Warren’s role who spoke on the condition of anonymity to describe litigation strategy said the future senator was part of a Dow defense team that had containing the company’s liability as a goal.
Warren, a Democratic senator from Massachusetts and former Ivy League law professor, is building a White House campaign on her long-standing image as an advocate for consumers and a fierce critic of corporations. While Warren has won praise for a policy-driven platform offering a coherent critique of unchecked capitalism, she has yet to fully explain how her years of private consulting and legal work, sometimes on behalf of major corporations involved in bankruptcy cases, comport with her recent statements while campaigning.
“You know, those big corporations, they don’t have any loyalty to America,” Warren said during an MSNBC town hall in June. “They don’t have any loyalty to American workers. They have loyalty to exactly one thing, and that is their own profits.”
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