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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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.

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“These rankings highlight the commitment and hard work of our attorneys, showcasing our firm’s capability to manage diverse cases for our clients,” said Dean Colson. “As the South Florida business landscape evolves, we remain committed to serving new clients while upholding the same standard of excellence that has defined our firm for 55 years.”

Stephanie Casey, Julie Braman Kane, Curtis Miner, Roberto Martínez, and Mike Eidson were all ranked individually for their work in the “Litigation: Mainly Plaintiffs” category. Miner received the top ranking (Band 1) and Eidson was named “Senior Statesperson” in “Litigation: Mainly Plaintiffs.” Martínez was named “Senior Statesperson” in two categories: “Litigation: Mainly Plaintiffs” and “White Collar Crime and Government Investigations.”

The rankings are a result of the firm’s exceptional track record of securing multimillion-dollar judgments and settlements for its clients in areas that include commercial litigation, medical malpractice, products liability, class actions, multidistrict litigation, and aviation and automobile accidents.

To schedule a consultation, do not hesitate to contact an attorney at our law office. We have experience in a wide variety of cases for clients located throughout the nation and around the globe.

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 lawyers Thomas Kroeger and Zachary Lipshultz secured a $3 million damages award for a family of four who suffered significant trauma when a defective lithium-ion battery-powered scooter exploded and burned down their townhome. The family lost all of their possessions and endured significant emotional distress after being exposed to the fire and smoke.

On June 21, 2021, the electric scooter sold by Miami-based Defendant Hypertoyz exploded in the family’s foyer, quickly engulfing their home in fire. Everyone managed to escape amid the smoke and fire, but the family’s townhome was gutted in the blaze, destroying their possessions and forcing them to relocate.

A Federal District Court for the Southern District of Florida recently awarded all four family members compensatory damages totaling $3 million.

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The complaint was filed in the Circuit Court of Cook County, Illinois where United Airlines is headquartered.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation firm serving clients in local, national, and international matters. Our multilingual team of highly experienced attorneys is dedicated to providing our clients with top-tier legal representation backed by a commitment to hard work, creative thinking, responsiveness, and professionalism. From our offices in Miami, we have handled a broad range of significant legal matters around the world for over 50 years.

About BartlettChen LLC

Based in Chicago, BartlettChen LLC represents individuals in aviation, wrongful death, and immigration matters across the nation and internationally. Austin Bartlett of BartlettChen has practiced aviation law for more than two decades and brings the unique perspective of a former aviation defense attorney to help victims and their families secure full compensation for their losses.

Colson Hicks Eidson is pleased to announce that nine attorneys have been named in the 2024 Lawdragon 500 Leading Plaintiff Consumer Lawyers. Lawyers for this guide are selected through Lawdragon’s process of independent journalistic research and submissions.  Their selection process emphasizes lawyers who have demonstrated consistent excellence and have made notable impacts in their fields.

Click here to read the full guide.

The Firm’s recognized attorneys are listed below.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation law firm based in Miami, Florida, serving clients in local, national, and international matters across multiple languages. Practice areas include complex civil and commercial litigation, catastrophic personal injury, medical negligence, product liability, class action, mass tort, and white-collar criminal defense for the most serious and challenging of cases.  Since 1971, the firm and its lawyers have consistently worked to be respected by the state and federal judiciary – securing numerous multimillion-dollar verdicts, judgments, and settlements on behalf of clients. Learn more at www.colson.com.

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“We strive every day to provide the best possible representation for our clients, and we are honored to continue to receive this recognition for our work,” said Dean C. Colson, Managing Partner of Colson Hicks Eidson.

Best Lawyers, a distinguished peer-review legal publication company, develops The Best Law Firms in America listings through individual lawyer and law firm surveys and firm recognition history. Colson Hicks Eidson is recognized in the following areas.

National Tier 2 (Represents national clients and smaller companies)

  1. Mass Tort Litigation / Class Actions – Plaintiffs

Metropolitan Tier 1 (Scored within a certain percentage of highest-scoring firms in area)

Miami

  1. Bet-the-Company Litigation
  2. Commercial Litigation
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Metropolitan Tier 2 (Scored within a certain percentage of the next highest-scoring firms in area)

Miami

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About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation law firm based in Miami, Florida, serving clients in local, national, and international matters across multiple languages. Practice areas include complex civil and commercial litigation, catastrophic personal injury, medical negligence, product liability, class action, mass tort, and white-collar criminal defense for the most serious and challenging of cases.  Since 1971, the firm and its lawyers have consistently worked to be respected by the state and federal judiciary – securing numerous multimillion-dollar verdicts, judgments, and settlements on behalf of clients. Learn more at www.colson.com.