Breast Implant Lawsuit: The Price of Beauty

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Breast implants have not only been used as an option in reconstruction surgeries after serious interventions but also as a beauty technique to correct asymmetry, improve body proportion, and enhance self-esteem. In most cases, women do not see this surgery as a risky one and decide to undergo it just for the sake of beauty. However, the consequences can be really dangerous, especially when the implants are the potential risk themselves.

Allergan breast implant lawsuit was filled after many women discovered that the implants purchased from Allergan or its affiliates produced an uncommon form of cancer known as breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) and that it has been linked to textured breast implants they acquired from the company.

According to the victims, they were not informed of the potential cancer risk produced by the textured breast implants sold by the company. As a consequence, Allergan issued a voluntary medical device recall of some specific batches of its Natrelle Biocell textured implants in 2019 and is now providing patients with an implant exchange program.

The recall includes some of the following models:

  • Natrelle Saline breast implant.
  • Natrelle and McGhan 410 breast implant.
  • Natrelle and McGhan 410 Soft Touch breast implant.
  • Natrelle 510 Dual-Gel.
  • Natrelle INSPIRA breast implants.
  • Natrelle and McGhan Round Gel Implants.
  • Natrelle Komuro breast implants.
  • Natrelle Ritz Princess breast implant.
  • Natrelle 150 Full Height and Short Height double lumen implants
  • Natrelle 133 tissue expanders with and without suture tabs.
  • Natrelle 133 Plus tissue expander.

Although some women were relieved after the manufacturer was taking the initiative to address potential safety concerns, most of them were concerned and anxious about the potential health risks associated with the implants.

How to Know If There Is a Possibility of Cancer Risk

In the majority of cases, one of the breasts may look larger than the other or absolutely different in shape. Pain in the implant area is another important symptom that should be an alert of the possibility of BIA-ALCL. These signs usually appear within a year after the implant surgery, or it may even take 8 years for symptoms to occur in some other cases.

As the gel that is inside the silicone implants has the potential to fill the pocket and maintain its shape in case of a rupture, it is always highly advisable to visit your doctor for regular studies and controls since early prevention is key in these types of situations.

The Legal Process

The bureau Clara Wichmann, a women’s rights organization, was responsible for filing the Allergan breast implant lawsuit in the Netherlands. They expected approximately €900 million in damages for about 5,000 women who had received potentially harmful implants without knowing.

As most health insurance providers do not typically cover the removal of dangerous breast implants and reconstruction surgery unless it is considered medically necessary, the lawsuit seeks to cover both. Waiting for the removal to be medically necessary can be too late and these women’s health will be in irreversible danger.
According to the last Allergan breast implant lawsuit update in 2023, there were 1,129 cases pending in the New Jersey federal court until May. They are still waiting since in 2022, the court decided that Allergan was not obligated to disclose the higher incidence rate of its textured breast implants compared to those of other manufacturers. As a consequence, both parties cannot establish that the illnesses or injuries were caused by implants from a particular company.

 

The Lawsuit Compensation

Those victims who received the breast implants that have been recalled by the company have many legal options against the manufacturer to explore. Among the breast implant lawsuit payouts that may be obtained after filing a lawsuit, patients can find:

  • Surgical costs related to removing or replacing the textured breast implants
  • Surgical costs related to removing cancerous tissue
  • Medical expenses related to the treatment of cancer, including diagnostic tests, reconstructive surgery, radiation, and chemotherapy
  • Lost wages and earning capacity due to the inability to work because of illness or treatment
  • Physical and emotional pain and suffering and mental anguish

if the patient who has received recalled implants passes away due to cancer related to the product, their family has the possibility of filing a wrongful death claim to receive compensation for financial losses, including funeral and burial costs and loss of financial support.

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