Did you get breast implant surgery with Allergan textured breast implants? Did you develop anaplastic large-cell lymphoma? Stern Law might be able to file a lawsuit on your behalf and fight for the financial compensation you deserve.
The FDA first reported a possible connection between Allergan breast implants and cancer in 2011. After studies proved the increased risk of cancer, specifically breast implant-associated anaplastic large-cell lymphoma (BIA-ALCL), women throughout the country filed lawsuits against Allergan and other responsible parties.
Receiving a cancer diagnosis related to a product that should have been completely safe, to begin with, is devastating. Stern Law firmly believes that each victim of the breast implant manufacturer deserves justice and compensation for their pain and suffering.
If you developed cancer as a result of receiving Allergan textured breast implants, don’t hesitate to contact the attorneys at Stern Law to schedule a free consultation. We have the experience and resources to win your case, and if we don’t, you won’t owe us a dime. Call us today to discuss your case.
What are Allergan Breast Implants?
Allergan began selling textured breast implants in 2006. A textured implant mimics a more natural breast tissue than other types of implants and tends to feel softer. Many women turn to implant surgery after undergoing a mastectomy to treat their breast cancer.
The risk of developing BIA-ALCL is relatively low in women who get breast implants; however, those who choose the textured kind like Allergan’s BIOCELL increase their risk. Studies have shown that smooth implants hold a lower chance of developing cancer than those with a bumpy surface, like BIOCELL. Whether there’s silicone or saline doesn’t affect the risk of ALCL.
When an implant gets placed in the breast pocket, scar tissue begins to form around it and creates a tissue capsule. Anaplastic large-cell lymphoma can develop in and around the tissue capsule, which causes it to tighten or a mass to form. Many women end up with fluid collecting around the implant years after the surgery, leading to cancer.
Allergan recalled the following styles of implants:
Natrelle Saline-Filled Textured Breast Implants
Natrelle Silicone-Filled Textured Breast Implants
Natrelle 410 Highly Cohesive Anatomically Shaped Silicone-Filled Breast Implants
- 410 MF
- 410 FL
- 410 ML
- 410 LL
- 410 LM
- 410 LF
- 410 FX
- 410 MX
- 410 LX
Allergen Tissue Expanders with BIOCELL Texturing
- Natrelle 133 Plus Tissue Expander
- Natrelle 133 Tissue Expander with Suture Tabs
Breast Implant Cancer Signs and Symptoms
Breast implant-associated anaplastic large-cell lymphoma is a form of non-Hodgkin’s lymphoma. Lymphoma cancers affect the lymphatic system of the body. Many people often confuse BIA-ALCL with breast cancer. However, it’s not breast cancer. ALCL affects the body’s immune system, while breast cancer affects the skin or tissues surrounding internal organs.
The prognosis for BIA-ALCL is excellent if you catch it in its early stages. You can treat it by completely removing the implants and affected areas. Chemotherapy and radiation are also effective treatments, along with the initial surgery. If you don’t diagnosis ALCL early enough, it can end up being fatal.
The most common symptoms those with BIA-ALCL experience include:
- Breast asymmetry or changes in the appearance
- Enlargement of the breasts
- Breast hardening
- Lump in the armpit or breast
- Weight loss
You should seek medical attention immediately if you experience any of these symptoms or believe you have one of the recalled Allergan breast implants. Catching the cancer early enough or preventing it altogether, could save your life.
Do I Qualify for an Allergan Breast Implant Lawsuit?
You could potentially file a lawsuit against Allergan if you have or had any of the recalled implants and received a diagnosis of BIA-ALCL. According to product liability law, you have to hold the responsible party liable by showing negligence, strict liability, or a breach of warranty.
Negligence – To prove negligence existed on the part of Allergan, you’ll need to show the following circumstances:
- Allergan owed you a legal duty of care;
- The company breached that duty by acting or failing to act in a specific way;
- The action or inaction caused your diagnosis; and
- As a result, you developed ALCL and expenses.
Strict Liability – Under strict liability, you don’t have to prove negligence occurred as long as you demonstrate the following circumstances existed:
- The implant contained a dangerous defect that caused your disease;
- You developed cancer while using the implant for its intended use; or
- After purchasing the implant, the condition of it didn’t substantially change.
Breach of Warranty – A warranty is a guarantee the seller of a product makes. It’s a breach of warranty if the product fails to meet those standards.
Express Warranty: A representation or statement that’s in writing or made orally by a manufacturer or seller that the product will meet certain standards and contains specific characteristics. To use a breach of express warranty in a lawsuit, you have to prove:
- Allergan made an express warranty;
- You relied on that warranty;
- The implant you used didn’t fulfill the express warranty;
- The product didn’t meet the express warranty when it left the Allergan’s control; and
- The failure to comply with the express warranty contributed to your cancer diagnosis.
Implied Warranty: A warranty that requires a product to be fit for its intended purpose or use. If you want to pursue a lawsuit based on an implied warranty, you need to show the following circumstances:
- The product wasn’t fit for its use or purpose, or any use foreseeable by the manufacturer;
- The product wasn’t fit for its intended purpose or use, or a use foreseeable by the manufacturer at the time it left the manufacturer’s control; and
- The breach of implied warranty directly contributed to your development of ALCL.
Your attorney at Stern Law will investigate the details of your case and work closely with you to determine the best course of action for the lawsuit.
Compensation You’re Entitled to in a Lawsuit Against Allergan
You might be able to pursue legal action against Allergan for your total damages. Damages are losses suffered as the result of an injury or illness. Your diagnosis of breast implant-associated anaplastic large-cell lymphoma deserves financial compensation. Treating any form of cancer is costly, and the treatment can lead to debilitating side effects that negatively impact your daily life.
Victims may be able to claim a variety of damages in a products liability case, such as:
- Medical bills: Total costs incurred as a result of treatment for your cancer, such as surgery, hospitalization, and medication.
- Loss of past and future earnings: Wages and benefits you can’t earn because of your diagnosis, treatment, or symptoms suffered.
- Pain and suffering: Physical pain associated with ALCL and related treatment.
- Emotional trauma: Emotional or psychological pain experienced as a result of your diagnosis.
- Loss of companionship or consortium: Negative impact of cancer and resulting losses on your relationship with family members.
To prove you developed ALCL because of Allergan implants, you’ll need to provide sufficient evidence. The most crucial evidence in your case will include:
- Copies of your medical records including information about the diagnosis and treatment of ALCL
- Prescriptions, receipts, and bills related to the expenses necessary to recover from the cancer you developed
- Lost wage reports for any time you had to spend away from work
- Physician letters and documentation confirming the direct link between the Allergan implants and your development of ALCL
- Witnesses to your physical and emotional state after getting diagnosed and while being treated
Should I Hire an Allergan Breast Implant Lawsuit Attorney?
It’s vital to seek legal representation before filing a lawsuit. If you never went through the process before, you won’t know what your rights are or how to handle each step. Stern Law can walk you through every legal aspect of your case and take care of everything on your behalf.
We will do all the heavy lifting for you. We can file the lawsuit on your behalf, gather all necessary evidence, schedule essential appointments, and fight against the other party in court. There are many elements of a lawsuit that you won’t understand unless you have a qualified attorney at the helm.
The experienced attorneys from Stern Law have the skills and knowledge to handle your case for you. We will use all the resources at our disposal to ensure the defense attorneys treat you fairly. We understand how important it is to resolve this as soon as possible so you can move forward with your life. We don’t want your case to drag on unnecessarily. We will work efficiently to reach a favorable outcome.
Contact Stern Law to Speak with a Dedicated Attorney
Stern Law is taking cases to represent victims of Allergan breast implant cancer. If your doctor diagnosed you with breast implant-associated anaplastic large-cell lymphoma, you could potentially qualify for a lawsuit against Allergan.
We’re fully prepared to investigate the details of your case and pursue the maximum compensation available. We make it our mission to seek justice for our clients and hold negligent parties liable for their actions.
When you hire us, we’ll create an individualized approach that meets your specific needs. We know how important it is to work with an attorney you can trust. We realize this is a difficult time, and we always treat our clients with compassion and understanding. To find out how we can recover compensation in your Allergan breast implant lawsuit, call Stern Law at (844) 808-7529 or contact us through our website right now.