Can I File a Claim if I Have Not Been Diagnosed With Cancer?

Panish Shea & Boyle LLP and Bentley & More LLP are currently accepting cases relating to the Allergan BIOCELL® textured breast implant and tissue expander recall. Even if you do not yet have symptoms of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), you could be eligible for compensation.

BIA-ALCL can take a long time to manifest in a patient with Allergan textured breast implants or tissue expanders. It is a deadly form of cancer that patients should take seriously. Our attorneys can investigate your case and file a claim on your behalf, even if a doctor has not diagnosed you with cancer. Allergan could be financially liable for your breast implant removal, replacement, and related damages down the road. Learn about your legal options today when you contact us.

The Link Between Allergan Implants and Cancer

On July 24th, 2019, Allergan issued a recall of several of its textured breast implant and expander products. It recalled most of its textured Natrelle models, as well as some McGhan breast implant styles. The recall came after the Food and Drug Administration (FDA) updated global safety information regarding BIA-ALCL and textured breast implants. The recall means plastic surgeons around the world will no longer use certain Allergan breast implants or tissue expanders as a precaution against an increased risk of cancer.

The Allergan implant recall comes after the FDA took several steps to better understand the link between breast implants and anaplastic large cell lymphoma. The first sign of a connection occurred in 2011, followed by efforts by the FDA and the World Health Organization to gather more information. The FDA analyzed 573 known cases of BIA-ALCL and found a shocking number (481) involved Allergan breast implants. The FDA analysis showed approximately six times the risk of BIA-ALCL with Allergan implants compared to other brands of textured implants.

After the FDA updated its information and Allergan recalled several of its products, patients around the world wondered about their legal futures. Knowing your breast implants or tissue expanders could cause a deadly form of lymphoma can lead to significant emotional distress. Even if you do not have cancer, you may want to schedule implant or expander removal as a preventive measure or if you are suffering from Breast Implant Illness symptoms. While it is important to note the FDA is not recommending Allergan implant removal or replacement, this is your choice and one you should discuss with your doctor.

Allergan Breast Implant Liability

Our attorneys are keeping up with the latest developments related to Allergan breast implants and associated anaplastic large cell lymphoma. We can help patients with Allergan implants understand their rights and legal options with or without BIA-ALCL diagnoses. Our lawyers understand how this type of lymphoma manifests; it could take years after the initial placement of the implants to experience symptoms of BIA-ALCL. Even if a doctor has not diagnosed you with BIA-ALCL and your implants are asymptomatic, you could have grounds for a lawsuit in California.

Our lawyers work with breast implant patients to eventually get Allergan to pay for removals, replacements, hospital bills, lost wages, pain and suffering, and other damages those impacted by the recall may suffer. Allergan may be liable for these expenses based on the theory of product liability. Product liability laws state that product manufacturers will be strictly liable for the items they create. If a product contains a defect in its design or development, and the product injures a consumer, the manufacturing company will be liable for damages without the victim needing to prove negligence.

Contact Us Today

Our Allergan recall attorneys understand the nuances involved in these cases. We recommend speaking to a lawyer as soon as possible if you have one of the recalled Allergan BIOCELL® textured implants or breast tissue expanders, even if you are currently not experiencing any symptoms of BIA-ALCL. A free consultation with our Southern California lawyers could help you learn any rights you may have to compensation today or in the future. Call now.

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