Allergan Breast Implant Recall Lawyers – Providing Representation to Injured Victims

Breast implants have been on the market for decades, but not all implants are alike. Breast implants have been the subject of mass tort litigation in the past concerning allegations that certain implants were defective. Many victims who sustained injuries sought help from an breast implant recall lawyer and recovered compensation for their suffering.

Breast implants are once again on the radar as hundreds of women have filed claims against Allergan, the maker of multiple types of BIOCELL textured breast implants and tissue expanders. Lawsuits allege that Allergan’s textured implants can cause breast implant-associated large cell lymphoma (BIA-ALCL), a rare and serious cancer.

The FDA Forces Allergan to Voluntarily Recall Its Textured Breast Implants

More than two years ago, the United States Food and Drug Administration (FDA) requested that Allergan issue a recall of its BIOCELL textured breast implants and tissue expanders.

The FDA’s July 2019 safety communication states that there may be a link between Allergan’s textured breast implants and the development of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL). The FDA’s safety communication states the following:

Based on the currently available information, including the newly submitted data, our analysis demonstrates that the risk of BIA-ALCL with Allergan BIOCELL textured implants is approximately 6 times the risk of BIA-ALCL with textured implants from other manufacturers marketing in the U.S. and continued distribution of Allergan’s BIOCELL textured breast implants would likely cause serious, adverse health consequences and potentially death from BIA-ALCL.

Such a bold statement from the FDA has led many affected women to file lawsuits against Allergan, seeking compensation for their suffering. A concerning fact that pushed the FDA to take swift action is that of the 573 reports of BIA-ALCL (as of early July 2019), a total of 481 of these reports were linked to Allergan’s BIOCELL textured breast implants. Allergan has now issued a worldwide recall of the BIOCELL products.

Textured Breast Implants and BIA-ALCL

Textured breast implants are unique from other types of breast implants and are sometimes called “gummy bear” implants. The outer shell of the breast implant has a textured surface much like sandpaper. The purpose of having the textured outer shell is to help the implant adjoin to soft tissue in a way that provides a more natural look.

BIA-ALCL is a rare type of lymphoma (cancer of the lymph nodes) that is linked directly to textured implants. The reason(s) for why BIA-ALCL is linked to textured breast implants as opposed to other types of breast implants is not known at this time and further investigation is warranted.

Some doctors believe that certain patients may be predisposed to developing BIA-ALCL after being implanted with textured breast implants. These patients may have inflammation following implantation that is a first step towards developing BIA-ALCL.

Allergan Textured Breast Implant Products Subject to Recall

Many patients implanted with Allergan’s textured breast implants may not know what specific product was placed inside their bodies. The specific products identified by the FDA as being subject to the worldwide recall include the following:

• Allergan Natrelle Saline-Filled Breast Implants (multiple textured styles);
• Allergan Natrelle Silicone-Filled Textured Breast Implants (multiple textured styles);
• Natrelle 410 Highly Cohesive Anatomically Shaped Silicone Filled Breast Implants (multiple textured styles);
• Allergan BIOCELL Natrelle 133 Plus Tissue Expander; and
• Allergan Natrelle 133 Tissue Expander with Suture Tabs.

Additional information about the many implant styles for the above-listed products is available on the FDA’s website. An Allergan breast implant recall attorney is also a good source to turn to when seeking information about Allergan’s textured breast implant products and the link between those products and BIA-ALCL.

Grounds for Compensation That Your Allergan Breast Implant Recall Attorney Will Pursue 

Allergan is facing hundreds of lawsuits concerning its BIOCELL textured breast implant products. Patients who have developed BIA-ALCL after being implanted with the recalled breast implants are seeking recovery from Allergan. Examples of allegations against Allergan include, among others, the following:

• Defective Design (strict liability)
• Failure to Warn (strict liability)
• Negligence
• Breach of Warranty 
• Punitive Damages

Product liability law can be confusing, and many laws differ by state. However, because of the significant number of filed cases, claims against Allergan have been consolidated in federal court in the District of New Jersey.

What this means is that the vast majority of complaints filed by injured plaintiffs against Allergan (and related entities) concerning BIOCELL textured breast implants and a diagnosis of BIA-ALCL are being filed in the designated multi-district litigation (MDL) in New Jersey. In doing so, the litigation will be streamlined with one set of procedures in place.

State actions against Allergan may still move forward depending on where a plaintiff lives and/or where a plaintiff was implanted with the BIOCELL textured breast implants. Where the parties reside (or where a place of business is) and where a person underwent the breast implant surgery are critical to determining in which jurisdiction a case will be filed.

Allergan Breast Implant Cancer Lawyer Answers Frequently Asked Questions (FAQs)

Any person who has been affected by Allergan’s BIOCELL textured breast implants – whether as a patient or family member – likely has numerous questions about potential legal claims. A few examples of frequently asked questions and answers include the following:

What are the symptoms of BIA-ALCL?

According to the FDA, symptoms of BIA-ALCL include, but may not be limited to, the following:

• Persistent breast swelling;
• Presence of a mass in the area of the breast implant;
• Pain in the area of the breast implant;
• Fluid collection around the breast implant (seroma); and
• Lumps under the skin or capsular contracture (which is a thick and noticeable scar capsule around the implant).

Some patients may also experience fatigue and other symptoms that are associated with cancer generally.

Is BIA-ALCL a type of breast cancer?

No. BIA-ALCL is a type of non-Hodgkin’s Lymphoma (NHL), which is cancer of the immune system. BIA-ALCL may stay localized or may spread throughout a person’s body. If not promptly treated, BIA-ALCL can be fatal. Breast cancer, which can also be fatal, is not a lymphoma but rather is cancer of the breast tissue itself (where cells grow out of control).

How do I prove that I (or a loved one) have a potential Allergan breast implant claim?

Allergan breast implant recall attorneys validate legal claims by reviewing a potential client’s medical records and personal statements about the matter. Medical records that document (1) proof of implantation of the recalled BIOCELL textured breast implants, and (2) a diagnosis of BIA-ALCL following implantation are factors critical to establishing a viable legal claim.

If I file a legal claim, how long will it take to reach a resolution?

As with all mass tort litigations, the Allergan BIOCELL textured breast implant litigation could take many years to resolve. When a defective product is recalled, affecting tens of thousands (if not hundreds of thousands) of patients, legal claims often explode.

Although mass tort litigations are centralized, for the most part, in one federal or state court action, the time to resolve one case could be many years given each case is evaluated individually. A person injured by Allergan’s textured implants should expect the legal process to take a few years, or even longer in some cases.

It is important to keep in mind that there is never a guarantee a client will receive a settlement offer or win in court. However, a skilled Allergan breast implant recall attorney will take every possible step to help an injured client seek and obtain compensation through the legal process.

How much time do I have to file a legal claim against Allergan?

Statutes of limitations on product liability lawsuits differ by state. One state may allow a person five years to file a product liability claim for personal injuries while another state may only allow one or two years. An Allergan breast implant cancer lawyer can quickly determine how much time a potential client has to pursue legal action by evaluating the facts as stated along with reviewing a potential client’s medical records.

Key dates to know when evaluating whether a potential client still has time to file an Allergan breast implant claim include the following:

• The date of implantation of the Allergan BIOCELL textured breast implants subject to recall;
• The date the patient began to experience symptoms that led to a doctor’s visit;
• The date the patient was diagnosed with BIA-ALCL;
• The date the patient had surgery to remove the recalled implants (if they have been removed);
• The date(s) of chemotherapy and other cancer treatment (if treatment has begun); and
• The approximate date when the patient became aware that Allergan’s textured breast implants may be the cause of BIA-ALCL.

Regardless of specific dates, it is best to speak with an Allergan breast implant cancer lawyer if you believe you have a potential legal claim.

Contact the Allergan Breast Implant Recall Attorneys of Searcy Denney Today for a Free Case Evaluation

Have you been diagnosed with BIA-ALCL following the implantation of Allergan’s BIOCELL textured breast implants? If so, you may have an opportunity to pursue a legal claim and obtain compensation for your injuries. However, to find out whether you qualify, you must first speak with an Allergan breast implant recall attorney.

At Searcy Denney, we devote a portion of our legal practice to representing clients injured by defective medical devices, such as Allergan’s textured breast implants. Our team of lawyers will review your potential claim and provide you with thorough legal advice and guidance.

To schedule a free consultation, contact our office today by calling (800) 780-8607 or by completing a case inquiry form on our website.