Allergan Refuses To Pay For Breast Implant Removal Surgery

December 9, 2020 / 6:56 am

The last thing that any woman expects when she receives breast implants is that the implants will cause an injury or illness. However, for many women who have had breast implants manufactured by Allergan, this nightmare has become a reality. Over the last few years, it has become clear that textured breast implants manufactured by Allergan pose a higher risk of women being diagnosed with breast implant-associated anaplastic large cell lymphoma (BIA-ALCL). These implants have been recalled, but we know that Allergan has refused to cover the costs of surgical removal of these implants in some women.

Allergan, cancer, and the recall

We have previously discussed the recalled BIOCELL textured breast implants manufactured by Allergan. The US Food and Drug Administration (FDA) issued this recall in 2019.

The recall was necessary after researchers showed that women who have these specific implants faced a higher risk of contracting BIA-ALCL. This is not actual breast cancer – this is an extra-nodal T-cell lymphoma that develops in the fluid and scar tissue adjacent to the actual breast implants. Doctors have shown that this type of cancer will typically present in a patient eight to 10 years after the initial placement of the implants.

A study conducted in 2016 shows that the overall three- and five-year survival rate for those with this type of cancer is 94% and 91%, respectively, but only if proper treatment is rendered. Complete implant removal is recommended for those who do contract this type of cancer.

Allergan refuses to pay

A growing number of women have filed lawsuits against Allergan because the company has refused to pay for the surgical removal of implants in women who have not yet developed cancer. Per the agreement made as part of the recall, Allergan specifically answers the question about whether or not surgery fees to remove the implants will be covered. In the product warranty information, it states that “As part of this program, Allergan will not be providing surgical fee assistance. This decision is aligned with the FDA’s recommendation not to remove textured implants or other types of breast implants in patients who have no symptoms of BIA-ALCL.”

It is important to point out that plaintiffs and Allergan are still early in the multidistrict litigation (MDL) process. Hundreds of patients are expected to file claims against the company, and there have been no major trials yet to be selected or scheduled.

Let our dedicated product liability team help you today

If you or a loved one have become injured or ill due to breast implants manufactured by Allergan or any other company, seek assistance from a respected product liability firm immediately. At Colson Hicks Eidson, we have extensive experience handling complex defective product cases, and we are ready to help you through this. We have the resources and legal expertise necessary to conduct a complete investigation into your case and obtain the compensation you are entitled to. When you need an Allergan breast implant attorney, you can contact us for a free consultation by clicking here or by calling us at 305-476-7443.

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Colson Hicks Eidson is proud to share that ten of its attorneys—more than half of the firm—have been recognized in the 2026 edition of The Best Lawyers in America®. 

Stephanie A. Casey, Dean C. Colson, Lewis S. “Mike” Eidson, Joseph J. Kalbac, Jr., Julie Braman Kane, Roberto Martinez, and Curtis Miner are listed in The Best Lawyers in America®. Eleni I. Constant, Zachary A. Lipshultz, and Sabrina S. Saieh are recognized in Best Lawyers: Ones to Watch.

Best Lawyers’ lists of outstanding lawyers are developed through peer review surveys where tens of thousands of lawyers evaluate their professional peers. Best Lawyers recognized attorneys in all of the firm’s core practice areas. 

Stephanie A. Casey

Commercial Litigation

Mass Tort Litigation / Class Actions – Plaintiffs

Dean C. Colson

Bet-the-Company Litigation

Commercial Litigation

Personal Injury Litigation – Plaintiffs

Product Liability Litigation – Plaintiffs

Professional Malpractice Law – Defendants

Professional Malpractice Law – Plaintiffs

Lewis S. “Mike” Eidson

Mass Tort Litigation / Class Actions – Plaintiffs

Product Liability Litigation – Plaintiffs

Joseph J. Kalbac, Jr. 

Commercial Litigation

Insurance Law

Mass Tort Litigation / Class Actions – Plaintiffs

Personal Injury Litigation – Plaintiffs

Product Liability Litigation – Plaintiffs

Julie Braman Kane – “Lawyer of the Year”

Commercial Litigation

Medical Malpractice Law – Plaintiffs

Personal Injury Litigation – Plaintiffs

Roberto Martinez

Bet-the-Company Litigation

Commercial Litigation

Criminal Defense: White-Collar

Curtis Miner

Commercial Litigation

Criminal Defense: White-Collar

Mass Tort Litigation / Class Actions – Plaintiffs

Personal Injury Litigation –  Plaintiffs

Eleni I. Constant

Personal Injury Litigation – Plaintiffs

Zachary A. Lipshultz

Commercial Litigation

Mass Tort Litigation/ Class Actions – Plaintiffs

Personal Injury Litigation – Plaintiffs

Sabrina S. Saieh

Mass Tort Litigation/ Class Actions – Plaintiffs

Personal Injury – Plaintiffs

Product Liability Litigation – Plaintiffs

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson is proud to celebrate two of our attorneys for receiving prestigious awards at the 2025 American Association for Justice Annual Convention in San Francisco.

President and Senior Partner Lewis S. “Mike” Eidson was awarded the Leonard M. Ring Champion of Justice Award, which recognizes outstanding integrity and overall character demonstrating Leonard M. Ring’s devotion to human and civil rights. Mike is a past AAJ president and long-respected national trial lawyer. He has spent his career advancing justice, defending the right to trial by jury, and shaping the future of the profession through his leadership and unwavering commitment to mentorship.

Partner Julie Braman Kane, also a past AAJ President, delivered powerful remarks on Mike’s behalf, celebrating his legacy and the profound impact he’s made on the legal community and beyond. Julie has spent her entire career at Colson Hicks Eidson, a testament to the inspiration Mike has provided to generations of trial lawyers. 

Partner Curtis Miner was also awarded with the Steven J. Sharp Public Service Award, which recognizes plaintiffs and the attorneys of plaintiffs whose cases help tell the story of the American civil justice system. Curt was recognized for his role as one of the court-appointed leaders in the Champlain Towers Condominium Collapse litigation, where he worked alongside a dedicated team of lawyers to change laws to make condominiums safer and helped secure $1.2 billion in settlements for the families and victims.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

The lawyers at Colson Hicks Eidson are committed to teamwork, professional development, and mentoring our younger lawyers. We are proud to announce that four of our attorneys have been named to the 2025 Lawdragon 500 X – The Next Generation guide. Congratulations to Eleni I. Constant, Aziza F. Elayan, Zachary A. Lipshultz, and Sabrina S. Saieh.

Lawdragon selects lawyers for this guide through independent research, submissions, and peer review, recognizing those who have demonstrated consistent excellence and significant impact, typically within 15 years of graduating law school.

Click here to read the full guide.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson is proud to share that attorneys Zachary A. Lipshultz and Sabrina S. Saieh have been named to the 2025 Florida Super Lawyers Rising Stars list.

Zach’s practice spans all aspects of civil litigation in state, federal, and arbitral forums, at both the trial and appellate levels. He played a key role on the team that recently secured a $3 million damages award for a family of four who suffered significant trauma when a defective lithium-ion battery-powered scooter caused a catastrophic fire that destroyed their home.

Sabrina focuses on product liability, commercial litigation, personal injury, class actions, and multidistrict litigation. She has represented clients in complex matters in federal and state courts, including cases involving defective products, dangerous drugs, catastrophic injuries, and mass torts. She was integral to the Takata Airbag Products Liability MDL—a high-profile class action tied to the largest automotive recall in U.S. history, resulting in settlements exceeding $1 billion.

Rising Stars recognizes top young attorneys who are 40 or under or have been in practice for 10 years or less. Only 2.5% of Florida lawyers earn this honor each year, following the same rigorous selection process used for Super Lawyers.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson is thrilled to announce that seven of its attorneys have been named in the 2025 edition of Florida Super Lawyers. Stephanie Casey, Dean Colson, Joseph J. Kalbac Jr., Julie Braman Kane, and Curtis Miner have been named Super Lawyers. Zachary A. Lipshultz and Sabrina S. Saieh have been recognized as Rising Stars.

Super Lawyers uses a rigorous screening process including independent research, peer nominations, and evaluations to rate lawyers. Only 5 percent of lawyers in Florida are rated by Super Lawyers, and no more than 2.5 percent of lawyers under 40 or with fewer than 10 years of practice are selected as Rising Stars.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Congratulations to Colson Hicks Eidson President and Senior Partner Lewis S. “Mike” Eidson and Partner Curt Miner on being selected by the American Association for Justice to receive prestigious awards at the organization’s annual convention.

Mike will receive the Leonard M. Ring Champion of Justice Award, which honors AAJ members of outstanding integrity and character who have demonstrated a lifelong commitment to civil and human rights. A past AAJ president and long-respected national trial lawyer, Mike has spent decades advancing justice and protecting the right to trial by jury. 

“I am honored to receive this recognition,” Mike said. “It’s a privilege to be part of a legal community that shares a commitment to protecting people’s rights and ensuring access to justice.”

Curt was part of the team of attorneys who will receive the Steven J. Sharp Public Service Award, which honors plaintiffs’ attorneys and their clients who bring cases that highlight the vital role of the American civil justice system. Curt will be recognized for his role as one of the court-appointed leaders in the Champlain Towers Condominium Collapse litigation, where he worked alongside a dedicated team of lawyers to help secure $1.2 billion in settlements for the families and victims. 

“It was one of the highlights of my career to work with the team of lawyers appointed by the Court, and our dedicated team at Colson Hicks Eidson, to help the many families that were impacted by this tragedy,” Curt said. 

The awards will be presented in July at the AAJ Annual Convention in San Francisco. Register here.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.