Breast Implant Lawsuit

While the U.S. Food and Drug Administration (FDA) banned silicone breast implants in 1992 over health concerns, the ban was lifted in 2006. Since the ban was lifted, a different type of implant has been marketed- the textured breast implant. These textured breast implants have been associated with serious health conditions and many people have alleged severe medical effects stemming from them. This includes a potentially fatal form of cancer linked to this textured breast implant.

If you or a loved one experienced a complication resulting from a breast implant, you may be eligible for compensation. A breast implant lawsuit may be necessary to get the justice you are entitled to.

Can you sue a breast implant manufacturer?

You may be able to sue a breast implant manufacturer for complications you or a loved one experienced. A claim can also be brought following the death of a loved one due to a medical condition related to her breast implant.

As a medical device, breast implant products are sometimes defectively designed, defectively manufactured, or fail to provide adequate warnings about the risks associated with them.

As a result, the manufacturers of these products may be liable for damages caused by these defective medical devices.

To sue a breast implant manufacturer, you must be able to show that:

• You or your loved one had the breast implant inserted properly.
• The complications experienced were a result of the breast implant’s defective design, defective manufacture or failure to warn of its risks.

An attorney with medical device litigation experience can help you understand the challenges of proving that the implant caused the complications you experienced, and work with you to build the strongest case possible.

Currently, Motley Rice is representing clients in multidistrict litigation in federal court and state court against the breast implant manufacturer Allergan.

Breast implant complications

People who undergo breast implant surgery may experience complications arising from the procedure or the medical device.

Some breast implants, including certain models of Allergan Biocell® textured breast implants, have been linked with an increased risk of developing breast implant-associated anaplastic large cell lymphoma (BIA-ALCL).

What is BIA-ALCL?

Breast Implant Associated Lymphoma (BIA-ALCL) is a type of non-Hodgkin's lymphoma (cancer of the immune system). In most cases, BIA-ALCL is found in the scar tissue and fluid near the breast implant. 

BIA-ALCL is serious and can lead to death, especially if not treated promptly. In most people it is treated with surgery to remove the implant and surrounding scar tissue. Some people also require treatment with chemotherapy and radiation therapy.

What are the symptoms of BIA-ALCL?

Breast lumps, breast swelling, breast hardening, breast pain and capsular contracture may all indicate BIA-ALCL. These symptoms may occur well after the surgical incision has healed and sometimes years after implant surgery.

If you are experiencing any of these symptoms, you may want to talk to your doctor about getting tested for BIA-ALCL.

Contact a breast implant lawyer

If you or a loved one was diagnosed with breast implant-associated anaplastic large-cell lymphoma, you may have a legal claim. Motley Rice attorneys and staff have extensive experience in medical device litigation and specifically litigating cases involving the textured breast implants manufactured by the company Allergan , that were the subject of a July 2019 voluntary recall.

For more information, you may contact Motley Rice medical device lawyer Esther Berezofsky at 1-800-768-4026 or by email.

Contact a lawyer today

Damages you may receive from breast implant lawsuit payouts

With a successful breast implant lawsuit, you may receive compensation from a jury award. You also may resolve your case by reaching a settlement. The compensation may include:

• Reimbursement for previous and on-going healthcare and out-of-pocket expenses
• Awards for pain and suffering
• Lost wages
• Punitive damages if your case is tried

The specific damages you are eligible to receive will depend on the facts of your case. A breast implant lawyer can guide you through the potential damages you could recover with a successful lawsuit. 

Ongoing breast implant lawsuits

Many people have filed claims against breast implant manufacturers. Below are a few of the ongoing breast implant lawsuits.

Allergan breast implant lawsuit

Motley Rice medical device attorneys are taking on Allergan, one of the world’s largest breast implant manufacturers, alleging that it put profits over women’s health. Medical device lawyer Sara Couch holds a leadership position as a member of the Plaintiffs’ Steering Committee overseeing multidistrict litigation filed in the District of New Jersey for impacted people. In re Allergan Biocell Textured Breast Implant Products Liability Litigation, No. 2:19-md-02921, U.S. District Court for the District of New Jersey.

In July 2019, at the FDA’s urging, Allergan issued a voluntary worldwide recall of its Biocell® textured breast implants and tissue expanders because people with the implants developed BIA-ALCL . The lawsuits filed by people allege Allergan knew of the potential cancer risk associated with its breast implants and tissue expanders but failed to report this known risk to the FDA and failed to warn people and their doctors of the potential serious risk to their health.

Motley Rice’s breast implant and women’s health care litigation experience

Motley Rice is on the front lines representing thousands of women harmed by defective medical devices and products. Our firm has represented women with defective breast implants involving serious complications since its beginnings. Motley Rice has extensive experience litigating breast implants, other implanted medical devices and medical drugs cases, including:

• Transvaginal mesh
• Toxic hair relaxer
• IUDs such as Paragard® birth control

Learn more about our experience handling defective medical device cases.

Motley Rice LLC, a South Carolina Limited Liability Company, is engaged in the New Jersey practice of law through Motley Rice New Jersey LLC. Esther Berezofsky is the attorney responsible for New Jersey practice.