WIUTfBY FREE PRESS, WEDNESDAY, DEOEMBER 20.,1989, PAGE 3 Arrest made after Whitby robbe ry By Trudie Zavadovica Whitby police apprehended a Items from Whitby Council agenda(s) Plannngand development committee That council approve the site plan application by John Troy, 607 Euclid St., subjeot to comments contained the planning director's report. The application is for an expansion to an exlsting fumiture refinishing structure. A residentiai use is permitted ln conjunction with an industrial use as long as the single family dwelling is occupled by a caretaker, watchman or other similar person empioyed f uil-time on the lot. Recommended to councfi That council approve the subdivision applications for the west side of Garrard Rd. (forth of subdivision at northwest corner of Garrard Rd. arnd Rossland Rd. E.), by Hendon Developments Ltd. (28 single famiiy unb it lh 12m (40-ff.) frontage), Segbum Developments (11 street townhouses with 7.5m (25-ff.) frontage), and M. Freedman (42 singles wlth 12m (40-ft.) frontage, 9 seml-detached with 9m (30-ff.) frontage and 12 street townhouses wlth 6m (20-ff.) f rontage. Reco ene to council That council approve the revised plans of subdivision by Steele Valley Develop- ments (206 single famliy homes with 12m (40-ff.) to 1 6m (52-ff.) frontage and 88 street townhouses wlth 6m (20-ff.) f rontage) and Fram Construction Mt. (185 singles wit 12m (40-ft.) to 17m (56-ff.) frontage, 17 semi-kot with 9m (30-ff.) frontage, and 100 units of block town- hn olu) est onnrd rRd. building lot for a single fanily detached dwelling house at 201 and 205 Kendalwood Rd. (southeasi comer of Kendatwood and Hunter St.) Planning department stated that the lot frontage (1 5m or 50 feet) and lot area of the proposed new lot would not be compatible wtth exlstlng lots In the neqbrod IDcmmeddto counci Bowmanville man Dec. il1jut minutes after Clara's Con- E vans helps 'walking time bomb' win suit -BKmHawley-Smltk A1 hftby lawyer bas been instrumental in helping a woman, known as the wa g time bomb, sue an American pharmaceutical giant for emo- tional and psychological injuries caused by th~e risk that ber artifi- cial heart valve -would break, causing her death or serious pby- sical injury. CÃ"inie C,.per of Missassauga is the firat person te sucoessfly sue Pfizer Ihc. and its subsidiary, Sbiley Inc. i such a suit. Brian Evans of Whitby represented Cooper. Previously only people wbo had suffere a bireak in their iplanted heart valves bad recei- ved any compensation from valve manufacturers. Cooper filed ber lawsuiti Califor-nia on Nov. 8, 1988, after she learned the valve implanted i May 1982, had a IiigEh poten- tial fracture rate, but could not be removed because of risk of death on the operating table. She qoon became kniown as the "walkiig time bomb" and high- lighted the plight of tbousands of victims like ber throughout the world. Over 80,000 people bave bad such devices, known as the Bjork-Shiley convexo-concave cardiac prosthesis, surgically m planted, most often becausie ther natural aortic or mitral valve had become dysfunctional. Close te 9,000 Canadians have bad these potentially defective hear valves implanted. According te Evans, of Schil- ling, Evans Barnisters and Souici- tors, Whitby, Cooper's Shiley valve, with a "70 degree opening angle,» was not approved lor use i the U.S. by the Food and Drug Amnitation, and was there- fore, implanted outside of the U.S.Coer'mws was one of a «high Evans says tbe U.S. Food and Drug Administration acted in 1983 te curtail exporte of the 70-degree valve, teo late for those, such as Cooper, wbo were not informed of the relatively high potential for fracture of thei valves until 1988. The YDA is expected te be the subject of congressionalbheaing in January, with the Shiley valve acting as a case study of the FDA s failure te. adequately police medical device manufac- turera. New reporta have indicated that Dr. VikinLygijrk, the Swed- isb inventer o f the valve, warned as early as 1982 that further manufacture of the 70 degree valve would be tantamount te «mnurder," according to-the Whiby lawyer. Evans contenda that Shiley was fully aware by then that several deaths had resulted from strut valves by May, 1982, due te fractures, the same month t aleswasimn 1 ted. b then developed the technology for an alternate model, known as the "monostrut,» with no risk of fracture, but did not withdraw the other valve from the market untl the m -2 ile- of01983.n would commence in Los Angeles -i the spring of 1990. «It is clear that the manufac- turer knew there were defects, knew the valves werekiln people, but failed or refue o years te take effective steps te either cure the problemns or te cease its manufacture," sayo Evans. «As a result, Coo rý must live with the fear that at any moment, she could be the next victim» If one of her valves doea break, Cooper must have emergency oe-heart surgery havig an hourt get te, the hospital. Evans, who was involved i the firet Canadian case has since been involved ia à six Canadian cases. «Eighty-three thousand of these valves have been planted world-widle,» says Evans. «Ths is the first case (of this kind) that has been settled i the world. «We are satisfied with the set- tlement,» says Evans who cannot divulge the anxount, according te the terms of the settlement. ts just a matter of life goes on. She (Connie) tells me she is planning a trip on the Orient Express." Evans says that a person has about an hour te get themselves te a place that does open heart surgéry once the valve breaks. venience Store in Whitby had. been robbed. Charged with five counta of robbery and one count of attemp- ted rbbr sGoe Ryan Jung. Initialy chargewith armd robbery, fai ig t stop for police and dangerous driving i connec- tion with the Whitby robberY. he 'c was later charged i connection with- robberies at J&S Variety store i Whitby M&S Variety store i Whitby fiaseline Variety i Ajax and âayly Variety i Pickering. Hie was aliso charged'with attempted rbbery i cnnetion- with a failed holuatMe' Vaýriety Store in Pickering. 4ï HEATINGà &AIR CONDITONNG WINTER LEAROUTSALE Buy now before the 1990 price increase i1/2 and 2 ton units SAVE $250. 2 1/2 and 3 ton units SAVE--$300. Inctudes Air Gont rois 5 year warrant Reg.$16. NW $49aInstae 'h ALLERGENIC AIR CLEANERS Reg. $299. NOW $249. ntle AIR CONTROL HOME COMFORT SPECIALIST Cali us for any of -your heating, air conditioning and heat pump ned. e rie. l e . s d oel to vou Great gift i dea r~,~ed t effer!