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.