Breast Implant Cancer

Breast_implant_lawsuit
  • Product Information: Allergan Breast Implants
  • Manufacturer: Allergan
  • Recent Settlements: Lawsuits ongoing with no settlement as of 2020.
  • Who Can File: Women who have undergone Allergen’s Breast Implants mentioned in FDA website.

A lot of women go for breast implants, also known as augmentation mammoplasty. The breast implant industry is experiencing a major growth, with the key players being Allergan, Establishment Labs, SA, GC Aesthetics, Groupe Sebbin SAS, and Laboratories Arion.

The demand for breast implants has increased considerably over the past few years. Statistics show that around 300,000 breast implant surgeries were performed in the US in 2019.

Women go for breast implants due to many reasons. Some opt for breast enlargement after mastectomy or the surgical removal of breasts after a disease. However, some women go for breast enlargement only to appear more attractive.

Unlike men who can shape up through bodybuilding, women can’t get enlarged breasts through exercise. The only option to get perky, full breasts is through a breast enlargement surgery.

But breast implants are not without risks. A lot of studies have found a clear link between breast implants and cancer.

Breast Implants and Cancer Risk: What You Should Know?

The US Food and Drug Administration (FDA) first reported the connection between breast implants and cancer in March 2017. Subsequent studies carried out based on this possible correlation proved the claims of the federal agency.

One study in 2017 had found that textured breast implants were about 14 times more likely to cause lymphoma as compared to other implants. Another study published in the same year found a growing incidence of cancer among textured breast implant patients.

BIA-ALCL is a type of non-Hodgkin’s lymphoma, but it’s not breast cancer. Cancerous lymphoma cells develop in the fluid surrounding the implant instead of the breasts. These cancerous cells can spread in other areas of the body, leading to death.

While the cancer is treatable, its treatment costs can run into thousands of dollars. The treatment involves surgery, medications such as brentuxima, and advanced diagnostic procedures such as capsulectomies. The procedures can take a financial and emotional toll on the affected women.

Apart from the risk of BIA-ALCL, textured implants pose several other hazards. Studies have found the implants cause an increased risk of fluid pockets and seromas that can cause significant pain. These symptoms can occur years after the patient has received the implants.

Allergan Breast Implant Lawsuits

Allergan, an Ireland-based company, has been embroiled in legal battles regarding textured breast implants and tissue expanders. The pharmaceutical company that operates in over 100 countries has been at the center of various lawsuits, following a list of complaints.

The FDA had received reports of over 450 breasts implant-associated annalistic large cell lymphoma (BIA-ALCL) cancer linked to Allergen’s textured breast implants.

BIA-ALCL is a rare form of cancer that is fatal in some cases. It’s a type of non-Hodgkin’s lymphoma –cancer that affects the immune system. Visible symptoms of the disease include fluid and scar tissue near the implant. If not treated early, BIA-ALCL can result in death of the patient. The cancer is treated with chemotherapy, radiation therapy, and the surgical removal of the breast implant and the nearby scar tissue.

The findings of the FDA prompted Allergan to recall many of its breast implants and tissue expander products on July 04, 2019. The company had previously removed its textured breast implant products in Europe in December 2018.

While Allergan has recalled its defective products, many people have complained that the company is not offering any compensation to replace or remove the implants. As a result, personal injury lawsuits have been filed in many states in the US against the breast implant manufacturer.

A lawsuit was also filed in December 2018 in the Southern District of New York alleging that the company knew about the risk of lymphoma and breast implants.1 The class-action lawsuit alleged had named the CFO Maria Teresa Hilado and CEO Brenton L. Saunders as the defendants. According to the lawsuit, the defendants made misleading statements regarding breast implants.

The lawsuit alleged that the company provided false information about its regulatory, operational, and business policies. The plaintiffs alleged that the company had misled the customers about the textured breast implant and the link to cancer. The lawsuit had specifically mentioned the report of France’s National Agency for the Safety of Medicine and Health Products (L’ANSM) on December 18 about the risk of BIA-ALCL cancer and Allergan’s breast implants.2 A nationwide joint breast implant lawsuit was filed in May 2019 that sought compensation for damages due to the Allergan implant.3 The lawsuit was filed in the New Jersey District Court against the manufacturer. It sought damages for being forced to spend large amounts on the removal of recalled implants, diagnostic and surgical, fees, and invasive diagnostic and monitoring fees due to the exposure to BIA-ALCL risk.

In September 2019, two women filed separate class-action lawsuits alleging that Allergan’s breast implant resulted in a rare form of cancer.

One of the lawsuits was filed in Michigan in which the plaintiff alleged that the Allergan implant had caused BIA-ALCL due to which she had spent over $11,000 in implants and surgery. The other lawsuit was filed in California where the plaintiff alleged that she had received Biocell implants in 2016 that resulted in cancer.

A lawsuit filed in October 2019 in the US District Court of Arizona alleged Allergan’s silicone breast implant.5 However, the case was rejected since the plaintiff failed to provide evidence about the company’s violation of FDA rules.

Two women filed a class-action lawsuit against Allergan on October the same year in Florida’s Middle District federal court.6 The women demanded $5 million in damages against the textured breast implant manufacturer. The class-action lawsuit sought damages for the medical costs associated with removing the implant. The lawsuit alleges that Allergan breached the implied duty to care by selling defective implant products that posed risk to the plaintiffs. As per the lawsuit, Allergan is guilty of violating Florida’s Deceptive and Unfair Trade Practices Act by unjustly profiting from selling dangerous products.

Globally, a total of 573 cases of BIA-ALCL cases have been reported. Over 80 percent or about 481 cases are linked to breast implants made by Allergan. Moreover, 13 deaths have been linked to Allergen’s textured breast implants. This prompted the FDA to issue a recall of certain products made by Allergan. The following are some of Allergan’s tissue expanders and breast implants that were recalled.

  • Style 133 Biospan Tissue Expander
  • Natrelle 133 Tissue Expanders with and without suture tabs
  • Natrelle 133 Plus Issue Expanders
  • Natrelle Inspira Silicone-Filled Breast Implants
  • Natrelle 410 Highly Cohesive Anatomically Shaped Silicone-Filled Breast Implants
  • McGhan Magna-Site Tissue Expander
  • Natrelle Silicone-Filled Breast Implants
  • McGhan BioDimensional Silicone-Filled Biocell Textured Breast Implants
  • McGhan Style 134 Croissant Shaped Tissue Expander
  • Natrelle Saline Breast Implants

You can visit the FDA website to find out the full list of Allergen products that were part of the recall.

While lawsuits against Allergen’s textured breast implant are ongoing, the global pharmaceutical company - previously known as Actavis - has paid millions of dollars in connection to other cases. In August 2019, Allergan had agreed to make payment of $2.75 million related to a lawsuit filed by three health benefits plans for allegedly preventing generic competition of an ulcerative colitis drug called Asacol.

In October 2019, Allergan had agreed to pay $750 million in connection with a class-action lawsuit filed in the Southern District of New York related to an Alzheimer’s drug called Namenda.

What Should I Do If I Have Received Allergen’s Breast Implant?

You should contact your healthcare provider if you have received Allergen’s breast implant. Make sure that you contact your doctor if you experience persistent pain or swelling near the implant. You should get a regular checkup to monitor the implant and identify any changes in its texture or size.

Getting early medical treatment is important for BIA-ALCL cancer. Your doctor can perform a diagnosis. If cancer is found, the doctor will recommend surgical removal. Both the implant and the cancerous tissue will be removed. In case the cancer is not diagnosed and treated early, it can spread to other parts of the body, leading to death.

Who Can File a Allergan Breast Implant Lawsuit?

Anyone who has received silicone- or saline-filled tissue expanders or breast implants made by Allergan that were part of the recall can file a breast implant lawsuit. You can also file a claim against the company if you have experienced cancer symptoms after an Allergan breast implant.

Contact Frankl & Kominsky Injury Lawyers if you are unsure about filing a lawsuit against Allergan. Our attorneys will review your case and offer advice as to whether you qualify for the mentor saline breast implant lawsuit.

Remember that filing an injury lawsuit, such as the Allergen breast implants lawsuit, may not be easy. You have the burden of proof of convincing the court that the breast implants caused you economic or non-economic damages. To prove guilt of the company, you may have to gather evidence that proves that the breast implant ‘more likely than not’ caused damages.

You will have to gather medical documents related to breast implant surgery and follow-up appointments. A common difficulty is getting access to medical records. Our injury attorneys can assist you in collecting the required evidence which may prove the manufacturer to be negligent.

In case you are successful with the Allergan textured breast implants personal injury lawsuit, you may be eligible for compensation for your damages. You could potentially pursue monetary compensation for the following damages linked to the breast implant.

  • Surgical costs for replacing or removing the textured breast implants
  • Past and future medical costs due to cancer diagnosis
  • Emotional pain
  • Physical suffering
  • Loss of income due to medical diagnosis

Our experienced attorneys are committed to getting justice for the injured clients. By filing a class action lawsuit against Allergan, you are joining a group of individuals affected by their negligence, all of which have the right to pursue justice.

How Long Do I Have to File an Allergan Breast Implant Lawsuit?

Make sure that you file your lawsuit within the period specified in the statute of limitations. State laws have prescribed time periods called the Statute of Limitations within which parties can initiate legal proceedings.

The Statute of Limitations to file a class action lawsuit against Allergan for defective breast implants will vary from state-to-state. It’s important to note that in some states, injured victims may only have up to a year from the time they notice relevant symptoms or discover that the implant is defective. If you have any questions regarding the Statute of Limitations, be sure to speak with your attorney for legal guidance.

Benefits of Hiring an Injury Attorney for Personal injury Breast Implant Lawsuit

The fact is breast implant companies will likely aggressively defend lawsuits against them since millions (and sometimes billions) of dollars are at stake. The companies may try to pursue the best attorneys to defend their case. They will make the best effort to minimize the claim or get the case rejected. That’s why you should seek the help of experienced injury attorneys.

How A Class Action Differs from a Mass Tort Lawsuit

In Class Action Lawsuits, a large group of injured victims is represented by a Class Representative. This individual stands in for the group of members who are treated as a “Plaintiff.”

Mass Torts are often made up of smaller groups, in which each member is treated as an individual and must prove certain facts, including how they were injured or affected by the manufacturer or defendant. This is usually a distinct group of individuals from the same geographic area.

Members of a class-action lawsuit receive share of the payment awarded by the court. Moreover, the legal costs are spread across the class. A class-action lawsuit that is supported by a group of individuals is stronger as compared to mass tort lawsuits.

With the guidance and representation of an experienced injury firm, you and many others, may have an opportunity to pursue a claim against Allergan. One that could potentially result in a settlement and could provide compensation for your injuries.

Hire An Experienced Injury Attorney To File A Lawsuit Against Allergen

An attorney will try to help you to meet court obligations in filing a class-action lawsuit against the breast implant manufacturer and other responsible parties.

Negotiate with the Company

Our lawyers will try to negotiate with the at-fault party to come to an out-of-court settlement. Lawsuits can be costly and involve a lot of time. That’s why an out-of-court settlement can benefit both parties. Our injury attorneys strive to pursue compensation that is fair and just.

Professional Representation

In case negotiation with the other party doesn’t go well, our attorneys may proceed to file a lawsuit. Our attorneys take care of all the matters related to filing a case against the at-fault party.

Collection of Evidence

The burden of proof in a personal injury case, including a breast implant lawsuit, is with the plaintiff. We can try to collect the evidence required to prove fault of the manufacturing company. Our attorneys can try to help you gain access to documents that may not be readily available to individuals.

Determine Compensation

One of the difficult aspects of a personal injury case involving breast implants is determining a fair and just compensation amount. A lot of different factors have to be analyzed to calculate an adequate compensation amount for your damages. Our injury attorneys will try to help you determine a compensation amount that adequately compensates for the losses due to defective breast implants.

Start Your Consultation with Frankl & Kominsky Injury Lawyers Today

Frankl & Kominsky Injury Lawyers have years of experience in handling personal injury claims. Our experienced injury attorneys have over $75 million in personal injury settlements. We have helped hundreds of clients over the years in getting compensation for financial, physical, and emotional suffering from the at-fault party.

If you or your close family member have been diagnosed with cancer after using Allergan Breast Implant, we can try to help you recover compensation for past and future medical bills, lost wages, and special damages.

At Frankl & Kominsky, we understand the pain and financial hardships that individuals go through after being diagnosed with a morbid illness. We offer our services on a contingency fee basis to make it easier for you to face the ordeal. You won’t have to pay our personal injury lawyers anything until the case outcome is in your favor. For a free case evaluation, you should contact us by dialing 855-800-8000 today.

References
  1. Allergan Breast Implant Class Action Lawsuit Over Cancer Risks Filed By Investors
  2. Allergan Textured Breast Implant Sales Halted in Europe Amid Safety Controversy
  3. Allergan Breast Implant Lawsuits
  4. Allergan Sued Over Textured Breast Implants
  5. Weber v. Allergan, Inc., No. 18-15212 (9th Cir. 2019)
  6. 2 Florida Women File $5 Million Lawsuit Over Recalled Allergan Breast Implants
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