In an effort to improve appearance and self-esteem, many consumers received breast implants, and many of those were from the global manufacturer Allergen. Little did these patients know that these implants could ultimately cost them their lives. Now, Allergen is facing a host of lawsuits across the country. The experienced personal injury lawyers at Karlin & Karlin can provide more information about Allergen breast implant lawsuit settlement amounts and discuss your particular situation during a free, no-obligation consultation. Consider calling (888) 365-1555 to schedule a consultation anytime.
Allergen Breast Implant Problems
Allergen is a company based in Ireland that operates in more than 100 countries, including several in Europe and in the United States. The company sold textured breast implants, but the United States Food and Drug Administration (FDA) warned consumers about a connection between breast implants and cancer in March 2017, according to Breastcancer.org. Textured breast implants are 14 times more likely to cause lymphoma compared to other implants.
Research has found a growing number of cancer cases among patients who reported receiving textured breast implants, especially breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), a non-Hodgkin’s lymphoma that involves the development of cancerous cells in the fluid surrounding implants. These cancerous cells can spread to other parts of the body and be fatal. The FDA reports receiving more than 573 reports of BIA-ALCL linked to Allergen’s textured breast implants that included 33 deaths. According to the Government of Canada, Health Canada suspended Allergen’s licenses for its breast implants due to the increased risk of BIA-ALCL. In addition to the increased risk of cancer, textured breast implants also cause an increased risk of fluid pockets and seromas, sometimes occurring years after the implant surgery.
Recall of Allergen Breast Implants
The FDA’s findings spurred Allergen to recall many of its breast implants and tissue expanders, starting on July 24, 2019. It had previously removed these same items from the European market in December 2018. The FDA has compiled a complete list of all products involved in the recall.
Lawsuits Stemming from Allergen Breast Implants
Due to the connection between the implants and a risk of cancer, many lawsuits have been filed against Allergen. Even though the company has recalled its defective products, many consumers have complained that Allergen has not offered to pay the costs associated with the removal of its products from women who fear that they will develop breast cancer if the products remain in their bodies. For example, two women in Florida sued the company for $5 million, alleging that Allergen breached its implied contract by selling a product that posed a risk to patients, violated Florida’s Deceptive and Unfair Trade Practices Act, and unjustly profited from its products that harmed consumers. One of the women had a double mastectomy after being diagnosed with cancer in 2016 and received implants of Allergen products. The other woman had breast augmentation in 2009. Both were informed of the recall by their doctors.
Other lawsuits allege that consumers developed cancer due to Allergen’s products. A class action lawsuit filed in December 2018 in New York alleges that Allergen knew about the cancer risk of its products and that company leaders made misleading statements about the products to consumers. The lawsuit also alleges that the company made false statements to regulators. Another nationwide lawsuit has been filed against Allergen, requesting that the company pay for diagnostic and surgical fees, invasive diagnostic and monitoring fees, and other costs associated with the removal of the implants due to the increased risk of cancer.
What Consumers Can Do if They Have a Recalled Allergen Breast Implant
Consumers who have recalled Allergen breast implants are encouraged to contact their healthcare providers to discuss their options and determine whether removing the implant is in their best interest. Patients should monitor for persistent pain or swelling near the implant site and get regular checkups to track any changes in the implant’s texture or size.
Seeking early medical treatment is important to guard against the most serious consequences of BIA-ALCL cancer. A qualified doctor can perform diagnostic tests to determine if a patient has cancer. If cancer is detected, the doctor will likely recommend surgical removal of the cancerous tissue and the implant. If the cancer is not diagnosed and treated soon enough, it can spread to other parts of the body and be fatal.
Settlement in Allergen Breast Implant Lawsuits
Allergen breast implant lawsuits are ongoing. However, Allergen has paid millions of dollars in compensation to those negatively affected by its products in the past, including $2.75 million in a lawsuit filed by three health benefit plans for preventing competition from a competitor and $750 million in a class action antitrust lawsuit related to the company’s Alzheimer’s drug Namenda.
Factors That Affect Allergen Breast Implant Lawsuit Settlement Amounts
Individuals who have received a recalled Allergen textured breast implant might consider taking legal action against the manufacturer. Through a legal claim or lawsuit, a patient may be able to seek compensation for the full value of any damages that have been sustained, which might include:
- Surgical costs related to removing or replacing the textured breast implants
- Surgical costs related to removing cancerous tissue
- Medical expenses related to the treatment of cancer, including diagnostic tests, reconstructive surgery, radiation, and chemotherapy
- Lost wages and earning capacity due to the inability to work because of illness or treatment
- Physical and emotional pain and suffering and mental anguish
If a recipient of the implants died as a result of cancer stemming from the recalled product, the family can consider filing a wrongful death claim to compensate them for economic losses, such as funeral and burial expenses and loss of financial support. They can also pursue compensation for non-economic losses, such as loss of companionship and consortium. An experienced personal injury lawyer at Karlin & Karlin can review the individual circumstances and determine the potential value of a claim.
Contact a Personal Injury Lawyer for More Information
If you received a tissue expander or breast implant that was later recalled by Allergen, you may be considering a claim against the manufacturer. An attorney from Karlin & Karlin can review your situation and advise you on whether you qualify for a claim against the company. During a case review, the lawyer can also discuss possible Allergen breast implant lawsuit settlement amounts and whether any offered settlement will fairly compensate you for your losses. Consider calling (888) 365-1555 to schedule a consultation.