During the past three decades, there’s been an alarming increase in the number of breast implant lawsuits and personal injury claims due to defective or harmful breast implants.
More than 11 million women worldwide have had breast implants, most without problems. Unfortunately, there are on-going class-action lawsuits involving breast implants that have been linked to cancer.
Current lawsuits: breast implants and cancer
Breast implants have been associated with a rare type of cancer called breast implant-associated anaplastic large cell lymphoma (BIA-ALCL). It’s not breast cancer but a rare form of lymphoma. More than 500 women have been diagnosed with BIA-ALCL worldwide.
Some of these women have required chemotherapy and 33 deaths have been reported.
An on-going class-action lawsuit against breast implant manufacturer Allergan claims the company failed to disclose that certain types of implants carry a cancer risk despite knowing about the risk. As many as 80% of breast implant cancer cases have been linked to Allergan’s implants.
1994 breast implant lawsuits
In 1994, three companies, Dow Corning, Bristol-Myers Squibb and Baxter Healthcare, agreed to pay US$3.7 billion over 30 years to women who were injured by their breast implants. At the time, it was the largest settlement ever negotiated in a class-action lawsuit.
The lawsuit involved more than 25,000 women suffering from injuries and various autoimmune diseases stemming from breast implants manufactured by the three companies.
Despite the historic amount, some lawyers said it was not enough because there were so many claimants and many were “in constant pain and in constant need of medical care”. It’s believed that medical expenses over their lifetime would eventually exceed any payout received.
Defective breast implants: who’s liable?
Breast implant surgery is usually elective. Patients trust that the implants they receive have been thoroughly tested for safety. Surgeons are expected to give their patients a professional level of care. If either of these is in question, you may have a case for a personal injury claim.
A manufacturer is liable if an implant results in injury or disease because the implant is defective or carries a risk that was not disclosed. This would be classified as a product liability claim.
Sometimes a seller or distributor is held liable if a product was known to be defective. If the injury arose from negligence or malpractice during the surgery, a medical malpractice claim would be filed against the surgeon or the hospital.
In either case, your legal team would need to be able to prove that the fault lay with the manufacturer or the medical practitioner.
Personal injury claims with DSC Attorneys
At DSC Attorneys, we have a specialised medico-legal team with extensive experience in handling medical malpractice claims, including breast implant lawsuits and personal injury claims.
Our team will assess your claim, assist with gathering supporting evidence and represent you throughout the legal proceedings to ensure you get the compensation you deserve.
We also work on a no-win, no-fee basis, so you only pay if we win your case. Contact us to schedule a free initial consultation or call 0861 465 879 for more information.
