Allergan Textured Breast Implants
Textured breast implants have an outer shell with texture and are shaped like a tear drop in order to allow for a more natural look. Unfortunately, certain types of texturing can lead to cancer in some patients, particularly breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), which is a kind of non-Hodgkin’s lymphoma. It is not clear whether the texturing is associated with cancer because bacteria gets trapped in the rough surface or because of a genetic predisposition to have an inflammatory reaction to the texture. If you develop BIA-ALCL or other breast cancer after getting Allergan textured breast implants, you may be able to obtain damages by filing a lawsuit with the assistance of our New Mexico product liability lawyers.Allergan Textured Breast Implants
BIA-ALCL is one kind of non-Hodgkin’s lymphoma, a cancer of the blood. It is usually treatable if it is found early enough. Usually, BIA-ALCL is found in swelling, scar tissue, or accumulation of fluid near an implant, but sometimes it spreads across the body, turning fatal. If there is a finding of symptoms around the implant, it may be necessary to get the implant removed by a doctor.Recalls of Implants
Textured implants include 10% of all breast implants that are sold in the U.S. However, in July 2019, the FDA asked the pharmaceutical company Allergan to recall the textured breast implants because there have been increasing reports of cancer in connection with them. Furthermore, the FDA has told all doctors and hospitals to stop using Allergan implants to avoid the occurrence of future cases. Allergan has complied with the FDA request.
The rate of BIA-ALCL seems low, but there have been allegations that this specific product is directly linked to substantial patient harm. There have been 573 cases of BIA-ALCL around the world, including 33 deaths. There were 13 cases in which a patient died, and the breast implant manufacturer was known; 12 of those cases revolved around Allergan breast implants.
Although the FDA found a possible connection between lymphoma and breast implants in 2011, it had not issued the recall of these implants until more recently. The U.S. has taken action more slowly than other countries. In some countries, Allergan has stopped selling two of the textured breast implants. However, the FDA has decided not to ban the Allergan implants outright on the basis that the lymphoma risk is low.
Allergan has agreed to remove from the market breast implants that feature Biocell texture, which is unique to Allergan. The breast implant recalls affect patients in whom there have been implanted styles of Allergan Natrelle Silicone-Filled Textured Breast Implants, Allergan Natrelle Saline-Filled Breast Implants, Natrelle 410 Highly Cohesive Anatomically Shaped Silicone-Filled Breast Implants, and certain Natrelle tissue expanders.Pursuing a Product Liability Lawsuit
Each state has its own laws regarding product liability lawsuits. Under New Mexico law, manufacturers and distributors can be held strictly liable for defective products that cause injuries to consumers. As an injured consumer, you do not need to establish that the manufacturer or distributor acted in a way that fell below a standard of care. Instead, in a strict liability lawsuit, you will need to show that there was a defect, and it caused your injuries. Essentially, you will need to show that the breast implants had a defect, and that defect caused your cancer.
Defects can exist in the marketing, manufacturing, or design of a product. Manufacturing defects are one-off flaws; they do not usually exist in an entire line of the product. Design defects exist in every specimen of a particular type of product. Marketing defects often involve failures to provide adequate warnings.
If your attorney can establish liability, you should be able to recover damages, such as medical bills, pain and suffering, and lost wages. Generally, BIA-ALCL is treated by removing the implants and surrounding scar tissue, but you might also need radiation or chemotherapy if the cancer spread. All of these procedures are expensive and may necessitate time off from work, making it important to recover full compensation.Hire an Experienced New Mexico Attorney to Pursue a Defective Product Claim
If you received Allergan textured breast implants for cosmetic or reconstructive reasons and were diagnosed with BIA-ALCL, you may be able to bring a product liability lawsuit for damages. Our product liability lawyers have offices in Albuquerque and Santa Fe, and we represent people in communities such as Albuquerque, Roswell, Clovis, Las Cruces, Carlsbad, Hobbs, Los Alamos, Alamogordo, Farmington, Las Vegas, Rio Rancho, Santa Fe, Taos, and Los Lunas. Call us at 800-828-4529 or complete our online form for a free consultation.